Chapter 18.35
MISCELLANEOUS ZONES

Sections:

18.35.010    Intent.

18.35.020    Land use table.

18.35.030    Development requirements for principal and accessory uses.

18.35.040    Off-street parking requirements.

18.35.050    Miscellaneous zones sign and advertising devices.

18.35.060    Airport reserve.

18.35.070    Planned unit development requirements.

18.35.010 Intent.

(a)    AD Zone – Airport Development Zone. The AD zone is established to provide for the development of commercial and industrial uses which are a part of or are compatible with the operation of a public airport. The AD zone is intended to encourage development of airport related businesses and industries while protecting the limited land area from unrelated development. Development within the AD zone should be consistent with the airport master plan.

(b)    HD Zone – Creek Street Historic District. The borough assembly hereby finds that excessive uniformity, dissimilarity, inappropriateness, poor quality of design and dishonest expression of materials in the exterior appearance of buildings erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other uses and by so doing impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions adversely affecting health, safety, comfort and a general welfare of the inhabitants thereof, and destroys a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this chapter to prevent these and other harmful effects of such exterior appearances of buildings erected in the HD zone and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, conserve the value of buildings, encourage the most appropriate use of land within the HD zone, provide for orderly development within the HD zone, prevent overcrowding and stimulate systematic and aesthetic development of property within the HD zone.

(c)    PLI Zone – Public Lands and Institutions Zone. The PLI zone is intended to reserve large or contiguous parcels of land for a city, borough, state, or federal agency, public school district, or public utility, in order to develop compatible public service uses including, but not limited to, open space, recreational, administrative, and educational uses. Certain public uses of an industrial or correctional nature may be permitted as conditional uses provided they are compatible with surrounding development.

(d)     PUD Zone – Planned Unit Development Zone. The intent of the planned unit development (PUD) zone is to promote efficient and economic uses of land by providing developers with additional choices in design and land use mix without the use of existing zoning districts with differing development standards and permitted land uses through flexible design standards. A PUD also lowers development and building costs by permitting smaller networks of utilities and streets while promoting shared facilities. [Ord. No. 1784A, §2, 2-1-16; Ord. No. 1726, §1, 8-4-14.]

18.35.020 Land use table.

(a)    The land use table provides a list of uses and the corresponding zoning classifications where the use is categorized as either accessory, permitted, permitted with standards or as a conditional use. Any use or structure not listed under permitted, accessory, permitted with standards or conditional uses shall be prohibited.

(b)    Accessory Uses (A). Accessory uses customarily incidental and clearly subordinate to permitted principal, conditional, and permitted with standards uses are listed in the land use table with an “A.” These uses are allowed if they comply with the development standards, other standards of this title, are on the same parcel as the permitted use they are accessory to, and do not create a hazard or nuisance.

(c)    Permitted Uses (P). Uses permitted in the miscellaneous zones are listed in the land use table with a “P.” These uses are allowed if they comply with the development standards and other standards of this title.

(d)    Permitted with Standards (P/S). Uses permitted that are subject to specific limitations that are listed in Chapter 18.45 KGBC for the particular use and the specific review process outlined in Chapter 18.55 KGBC are listed in the land use table with a “P/S.” These uses are also subject to the development standards and other standards of this title.

(e)    Conditional Uses (C). Uses that are allowed if approved through the conditional use review process are listed in the land use table with a “C.” These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards and other standards of this title, the conditional use review procedure and review criteria, and specific conditional use standards as stated in KGBC 18.55.050 and Chapter 18.50 KGBC, respectively.

(f)    Prohibited Uses (X). Uses listed in the land use table with an “X” are prohibited as principal, conditional, or permitted with standards uses, but can be allowed as accessory uses to specific permitted uses. Also prohibited is any use or structure not listed under permitted, accessory or conditional uses within the land use table.

(g)    Land Use Table.

Use Listing

Airport Development (AD)12

Historic District (HD)10

Public Lands and Institutions (PLI)11

A = Accessory C = Conditional1 P = Permitted2 P/S = Permitted with standards2 X = Prohibited

Administrative offices and meeting halls

X

X

P

Air freight and cargo facilities, including waterfront docks and terminals for unloading such freight or cargo

P

X

X

Air taxi and float plane facilities

P

X

C

Aircraft maintenance and repair

P

X

X

Airport runway and terminal facilities

P

X

C

Animal shelters

X

X

C

Arts and crafts studios or shops

X

P

X

Aviation fuel dispensing facilities

P

X

X

Banks

X

P

X

Barge and marine terminal operations

P

X

A

Bars

X

P

X

Boarding kennels3

C

X

C

Cafes, restaurants, and cocktail lounges

A

P

X

Car rental facilities

A

X

X

Cemeteries and graveyards

X

X

P

Commercial day cares and preschools

X

P

P

Equipment storage yards

X

X

C

Essential services

P

P

P

Federal, state and local law enforcement or regulatory agencies

P

X

X

Ferry terminal and facilities

P

X

X

Fire protection facilities

X

X

P

Gift shops

A

X

X

Golf courses

P

X

X

Greenbelts, land reserves and open space

X

X

P

Harbors and marinas

X

X

P

Heliports

P

X

C

Historic structures and properties

X

X

P

Hospitals, sanitariums, nursing homes, and group care facilities

X

X

P

Hotels containing not more than 12 guest rooms

X

P

X

Industrial use compatible with airport development

A

X

X

Jails, prisons, reformatories and other correctional institutions

X

X

C

Libraries

X

X

P

Log transfer facilities

A

X

C

Maintenance and repair centers

X

X

C

Marijuana cultivation facility

X

X

X

Marijuana cultivation facility, limited

X

X

X

Marijuana establishment

X

X

X

Marijuana product manufacturing facility

X

X

X

Marijuana retail store

X

X

X

Marijuana testing facility

X

X

X

Military installations

X

X

P

Mobile buildings such as offices, commercial or watchman’s quarters5

C

X

X

Museums and other public information facilities

X

P

P

Natural resource extraction subject to the requirements of KGBC 18.50.120

X

X

C

Natural resource processing, including timber and mineral resources

P

X

C

Off-street parking lots and structures

P

X

P

Other activities authorized in the Airport Layout Plan approved by the Federal Aviation Administration

P

X

X

Parking areas for public, employee, or tenant parking

A

X

A

Parks, playgrounds, playfields, community centers, and other recreation facilities

X

X

P

Police facilities

X

X

P

Private aircraft tiedown facilities

P

X

X

Private clubs, lodges, fraternal organizations and accessory and associated social halls

X

P

X

Private residences or apartments

X

P

X

Professional offices containing not more than 5 offices in any one building

X

P

X

Pumping stations

X

X

C

Retail business which reflects early 20th century Alaskan business activities

X

P

X

Sanitary landfills

X

X

C

Schools and preschools

X

X

P

Sewage treatment facilities

X

X

C

Shipping and receiving

P

X

X

Site development associated with development for which a zoning permit has been issued

X

X

A

Storage facilities for bulk aviation fuel and bulk heating oil

P

X

X

Telecommunications antennas6

A

X

A

Telecommunications facilities7

C

X

C

Temporary uses and buildings8

P/S

X

P/S

Theaters

X

P

X

Travel trailer parks9

X

X

C

 

1 = Conditional use permit process is outlined in KGBC 18.55.050.

2 = Permitted uses and permitted uses with standards are established through the zoning permit process, which is outlined within KGBC 18.55.020.

3 = Boarding kennels have additional specific conditional use permit standards found within KGBC 18.50.030.

4 = Repealed by Ord. 1826.

5 = Mobile buildings such as offices, commercial or watchman’s quarters have additional specific conditional use permit standards found within KGBC 18.55.050(e)(3).

6 = (a) As Accessory Uses. Noncommercial antennas 15 feet in height or less above rooflines in residential zones and commercial or public use antennas 30 feet in height or less above rooflines in nonresidential zones are allowed as accessory uses to an existing structure in all zones without a permit. This exemption includes:

(1) Any satellite earth station antenna six feet in diameter or less which is located in nonresidential zones; or

(2) Any satellite earth station reception antenna 4.5 feet or less in diameter, regardless of zoning category.

(b) Existing Facilities. Legal nonconforming towers may be structurally altered to carry additional antennas, provided:

(1) Height is not increased;

(2) The proposed changes do not adversely affect the use and the enjoyment of adjacent properties;

(3) The design standards of KGBC 18.50.170(b)(1), (2), (3), and (7) can be met;

(4) Plans are reviewed and approved by the borough and other relevant agencies.

(c) Any tower or antenna which is not used for three years shall be removed along with any associated above-ground facilities within 90 days of said three years unless an extension is approved by the planning commission prior to the expiration of said 90 days. Failure to remove a tower or antenna as provided by this chapter shall be deemed a nuisance and the borough may seek abatement of the nuisance at the property owner’s expense.

7 = Telecommunications facilities have additional specific conditional use permit standards found within KGBC 18.50.170.

8 = Temporary uses and buildings are permitted with special standards listed within KGBC 18.45.040.

9 = Travel trailer parks have additional specific conditional use permit standards found within KGBC 18.50.180.

10 = In the HD zone, no person shall construct, alter, move or demolish a building or structure without having first duly applied for and received from the administrative official a certificate of approval; see KGBC 18.55.020(l).

11 = The uses and structures listed in the table above are permitted within the PLI zone; provided, they are located on land owned by, or leased to, a city, borough, State, or federal agency, public school district, or public utility.

12 = All lands within the airport reserve (see KGBC 18.35.060) are exempt from the requirements and provisions of this title.

 

[Ord. No. 1826, §6, 3-20-17; Ord. No. 1782SA, §6, 12-21-15; Ord. No. 1767, §1, 8-17-15; Ord. No. 1726, §1, 8-4-14.]

18.35.030 Development requirements for principal and accessory uses.

(a)    Development Requirements Table. The following table provides the development requirements for the miscellaneous zoning districts. This table also provides special requirements and exceptions for development within residential zoning districts.

Development Requirement

AD

HD

PLI

Minimum Yards (ft.)

None

None

30 feet1

10 feet2

Minimum Building Separation

None

5 feet5

20 feet3

Maximum Height (ft.)

None

2 stories4

None

 

1 = The minimum required yards around the perimeter of the zoning district boundary, except where the abutting property is zoned CC, CD, CG, IL, or IH, in which case there shall be no setback required.

2 = The minimum building setback from lot lines other than those along the perimeter of the zoning district boundary.

3 = The minimum building separation on the same lot.

4 = In the HD zone no person shall build a new structure of more than two stories, plus attic space, nor shall any person remodel an existing structure to exceed two stories plus attic. For the purposes of this chapter, attic space shall be defined as space solely accessory to the second story use, and as the space between the intersection of the roof rafters/second floor ceiling joists and the roof peak, with or without dormer windows providing light. Ingress to the attic shall be solely from inside the second floor space. In no case shall new buildings or alterations to existing buildings exceed 32 feet in height above the boardwalk level to the highest point of the roof. New buildings or alterations to existing buildings at higher elevations and set back more than 25 feet from the Creek Street boardwalk shall not exceed 30 feet in height as determined by KGBC 18.05.140(h), measured solely from the building side closest to the creek.

5 = No building walls shall be closer than five feet.

 

(b)    Additional Historic District (HD) Zone Standards.

(1)    Building Construction.

a.    In the HD zone no person shall build or install a window of materials other than wood and glass, with the exception of necessary metal elements as required by fire codes. No person shall install a window other than a single or double hung window. The administrative official may permit installation of windows of other types where such a window is associated with an entry or is the only practicable solution. Windows shall not exceed a maximum sash width of three feet. Skylights may only be permitted after board review and in locations not visible from the boardwalk or adjacent rights-of-way.

b.    In the HD zone no person shall build or install window trim and door trim of any material other than wood.

c.    In the HD zone no person shall build or install doors of any material other than wood or wood and glass, nor shall double entry doors be allowed.

d.    In the HD zone no person shall build or install exterior stairs and railings other than those constructed of wood.

e.    In the HD zone no person shall install siding or trim on buildings or structures other than wood siding or trim; provided, however, that the administrative official may permit the installation of trim or siding other than wooden where such trim or siding is not exposed to view. Wood siding shall be shingles, shakes, board and batten, or horizontal bevel, channel or drop siding. Horizontal bevel siding shall not exceed four inches of exposure and channel and drop siding shall not exceed six inches of exposure.

f.    In the HD zone no person shall use other than timber piling where such piling is exposed to view; provided, however, that the administrative official may permit the use of structural support other than timber pilings where such structural support is not exposed to view.

g.    In the HD zone concrete pads or rock footings are permitted.

(2)    Roofs.

a.    In the HD zone no person shall build or install a roof or dormer with less than a minimum pitch ratio of eight to 12.

b.    In the HD zone no person shall build or install a roof constructed of materials other than wood, asphalt or weathering metals such as, but not limited to, copper, tin or Cor-Ten.

c.    In the HD zone no person shall build a roof form of other than a gable or hip. Shed roofs shall be allowed for accessory roof forms such as dormers or additions.

d.    Dormers shall be accessory to the main roof form. No dormer shall be wider than eight feet and the ridge line of the dormer must be set at least two feet lower than the ridge line of the roof. The front wall of a dormer must be set back at least two feet from the front wall of the building and at least three feet from the side wall and must not cover more than 33 percent of the roof plane area.

(3)    Flashing Lights. In the HD zone no person shall build, install, use, operate, maintain or keep any flashing or colored lights, strobe lights, revolving lights or sequential lighting of any kind.

(4)    Loudspeakers. In the HD zone no person shall build, install, use, operate, maintain or keep a loudspeaker which is audible outside a building or structure, and under no circumstances may any loudspeaker be used as outdoor advertising or outdoor entertainment or used in conjunction with any musical instrument, voice or similar outdoor entertainment.

(5)    Site Development. Undeveloped public lands and private properties shall be left in a natural state of vegetation until development permits are obtained. Construction shall minimize disturbance of natural vegetation, and where disturbed, shall be replanted with species common to the creek banks, including salmonberries, blueberries, alder, hemlock and spruce trees, deer ferns, grasses and mosses. Landscape and planting plans shall be reviewed by the board.

(6)    Minimum Fire Protection Requirements.

a.    Sprinkler Systems. Automatic fire extinguishing systems shall be installed in accordance with the latest state-adopted National Fire Protection Association standard, in all new buildings. Exterior sprinkler protection shall be installed on exterior sides of buildings when deemed necessary by the Ketchikan fire department or the State Fire Marshal.

b.    Detection and Alarms. Products of combustion (other than heat) detectors and alarms shall be installed in each individual dwelling unit in Groups H and I occupancies. All other aspects of the Alaska Fire Safety Code such as, but not limited to, exits, exit lighting and signing, fire-resistive separations of hazard areas, and restaurant kitchen exhaust venting shall be complied with.

c.    Existing Buildings. Existing buildings may be permitted to continue in said district without meeting the requirements of subsection (b)(6)(a) of this section if, in the opinion of the Ketchikan fire department and the State Sanitarian, the present occupancy is less hazardous than the occupancy occurring on September 22, 1973.

d.    Change of Occupancy. Upon a change in the occupancy classification of these existing buildings, they may be made to comply with the requirements for new buildings when, in the discretion of the Ketchikan fire department or that of the State Fire Marshal, it is deemed necessary to protect the public safety.

e.    New Buildings and Alterations. The Ketchikan fire department and State Fire Marshal shall review all proposed new buildings or alterations to existing buildings, and may, at their discretion, increase fire protection requirements on any construction where more stringent measures are deemed necessary to ensure adequate fire safety standards. [Ord. No. 1726, §1, 8-4-14.]

18.35.040 Off-street parking requirements.

(a)    Off-street parking and loading spaces are required for all land uses in accordance with this section and the off-street parking facilities requirement table.

(b)    Central Parking Area.

(1)    It is the intent of this subsection that off-street parking facilities are to be provided in the central parking area through the special assessment district process whenever feasible.

(2)    There is hereby created the central parking area comprising all of the land located within the area designated and depicted as the central parking area on the official zoning map.

(3)    Permanently maintained off-street parking within the central parking area shall be provided by either of the two following methods at the time of construction, placement, alteration, enlargement, or change in use, of any structure that creates an increase in required parking, computed as provided in this section:

a.    A private off-street parking lot shall be provided as specified in subsection (c) of this section; or

b.    All persons possessing an interest of record in the property shall sign a written covenant in such form as is acceptable to the zoning administrator agreeing not to object to the establishment of a special assessment district to provide off-street parking facilities and to pay special assessment district assessments on the property in the amounts and manner as determined pursuant to such special assessment proceedings.

(4)    Persons electing to provide parking under the method set forth in subsection (b)(3)(b) of this section shall provide to the zoning administrator a title report issued by a title insurance company showing all persons possessing an interest of record in the property and shall pay an amount equal to the recording fees imposed by the district recorder’s office for recording the covenant required by such subsection.

(5)    Commencing on January 1, 1995, and at least every five years thereafter, the department of planning and community development shall prepare an evaluation of the off-street parking needs in the central parking area, and present the results of that evaluation, and any recommendations for the creation and processing of additional special assessment districts to provide for off-street parking, to the Ketchikan Gateway Borough assembly and to the Ketchikan city council.

(c)    In all other areas of the borough there shall be provided at the time of the construction, placement, alteration, enlargement, or change in use of any structure that creates an increase in required parking, computed as provided in this section, permanently maintained off-street parking facilities for the use of occupants, employees or patrons of such structure, and it shall be the joint and several responsibility of the owner and occupant of any structure to provide, and to thereafter maintain, the following minimum free off-street parking facilities as listed in the table below. (Note: When a parking requirement is stated in terms of employees, it means the maximum number of employees who will be at the property at any given time, either on a single shift or an overlap of shifts. In computing the total parking requirement for a use, any fraction of one-half or more shall require more space.)

(d)    Off-Street Parking Facilities Requirement Table.

Use Listing

Minimum Number of Parking Spaces Required1

Assembly, fraternal and exhibition halls

1/2 parking space for each employee plus 1 space for each 5 permanent seats. If the facility has no permanent seating, or a combination of permanent and nonpermanent seating, the parking requirement shall be based on the maximum allowed occupancy for the use. 50 percent of the parking may be shared, and 50 percent of the parking requirements may be met by utilization of public parking if such public parking is within 200 feet of the proposed use and has maximum spaces of not less than such 50 percent

Banks

1/2 space for each employee plus 1 space for each 500 square feet of gross floor area

Building and loan companies and similar institutions

1/2 space for each employee plus 1 space for each 500 square feet of gross floor area

Commercial day cares, preschools, foster homes and kindergartens

1/2 parking space for each staff member and employee plus 1 space for each 1,000 square feet of gross floor area

Elementary and junior high schools

1/2 space for each employee plus 1 temporary space for every 25 pupils

Hospitals, sanitariums, nursing and rest homes

1 parking space for each resident and staff doctor, plus 1/2 space for each employee, intern and nurse, plus 1 space for each 5 beds, plus 1 space for each institutional vehicle

Hotels, rooming houses and other structures containing sleeping rooms other than or in addition to dwelling units

1/2 space per sleeping room

Medical office buildings

4 parking spaces for each doctor or dentist

Motels

1 parking space for each unit

Multiple-family dwellings and other places containing dwelling units

1 space per dwelling unit up to 150 units, 1/2 space per unit thereafter

Municipal buildings, public utility buildings, community centers, and post offices

1/2 parking space for each employee, plus 1 space for each official vehicle, plus 1 space for visitor parking for each 1,000 square feet of office or display space

Office buildings

1/2 space for each employee plus 1 space for each 500 square feet of gross floor area

Private schools and colleges for nonacademic instruction

1/2 parking space for each instructor and for each student, based upon the maximum number of students attending class at 1 time

Restaurants, cafes, soda fountains, eating and drinking places

1/2 parking space for each employee plus 1 space for each 5 seats

Retail and wholesale stores of nonbulky items

1/2 parking space for each employee, plus 1 space for each company vehicle, plus 1 space for each 250 square feet of sales area

Senior high schools

1 space for every 7 pupils plus 1 space for every 2 employees

Single-family dwellings, two-family dwellings and parish houses

1 parking space per dwelling unit

Theaters and auditoriums

1 parking space for each 5 seats in the principal place of assembly

 

1 = Waiver or reduction for seasonal employees in accordance with the procedure outlined in KGBC 18.55.100.

 

 

Other Requirements:

(1)    Where there is more than one use in a single structure or on a site (e.g., doctor, attorney and retail grocery) or two or more separate instances of the same use, off-street parking requirements shall be the sum of the requirements for the various uses.

(2)    Joint Parking Areas. Where two or more uses provide a joint parking area, and their total required spaces is 20 or more, the minimum requirement will be 75 percent of the sum of the requirements for the various uses computed separately.

(3)    All parking spaces provided pursuant to this chapter shall be on the same lot with the main use it serves or on an adjoining lot except that the planning commission may permit parking spaces to be on any lot within 200 feet of the use if it determines that it is impractical to provide parking on the same lot.

(4)    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 herein established.

(5)    At the time of application, a site plan shall be submitted to the administrative official responsible for the enforcement of this title who shall approve or disapprove the plan on the basis of its conformance to this title.

(6)    Compact Car Allowance. The total required parking area shall first be determined using standard size parking spaces. In the event such total parking area is provided, the applicant may elect to convert up to 50 percent of such total parking area to compact car size parking spaces, and the remaining portion of such total required parking area shall be composed of standard size parking spaces.

a.    Requirements.

1.    Each standard size parking space shall be nine feet wide by 20 feet long and each compact car size parking space shall be seven feet wide by 15 feet long, exclusive of access and circulation aisles.

2.    All parking lots shall be provided with a stabilized, well-drained surface.

3.    No area in a parking lot shall be used for sales display, dead storage, repair work or any purpose other than parking of vehicles.

4.    Any lighting of parking lots shall be arranged in such a manner as to reflect away from public rights-of-way and from any adjoining residential areas.

5.    Curb cuts shall be located so as to minimize traffic hazards and shall be approved by the administrative official.

6.    In all parking lots where compact car spaces are provided, appropriate signing shall provide for clear distinction between standard and compact parking spaces.

 

(e)    Off-Street Loading and Unloading Requirements. Every building or structure used for business, trade or industry and normally requiring truck loading or unloading with respect to the use shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street or adjoining property. The minimum off-street loading and unloading space required for specific uses shall be as follows:

(1)    Retail business and service establishments shall provide one off-street loading and unloading space at least 10 feet wide and 38 feet long with a 14-foot height clearance per building.

(2)    Industrial plants shall provide one off-street loading and unloading space for each 20,000 square feet of gross floor area. Each loading space shall be a minimum of 12 feet wide and 50 feet long with a 14-foot height clearance.

(3)    Trucking terminals and ship terminals shall provide one off-street loading and unloading space for every 5,000 square feet of total floor area used for storage, warehousing and shipping. Each loading space shall be a minimum of 14 feet wide and 65 feet long with a 14-foot height clearance. [Ord. No. 1726, §1, 8-4-14.]

18.35.050 Miscellaneous zones sign and advertising devices.

(a)    Sign and advertising devices are placed in the miscellaneous zones in accordance with this section and the miscellaneous zones sign development table.

(b)    General Requirements.

(1)    A permit shall be obtained from the administrative official for this title prior to the installation of any exterior sign, nameplate, advertising sign or advertising structure excepting: those less than three square feet in area; temporary construction; real estate; governmental notices; governmental public safety signage; and political signs; provided, that such signs or notices meet the provisions of this chapter. Sign permit applications shall include plans for all signs to be placed. The plans shall illustrate sign elevations, cross sections, dimensions, placement on the site, materials, colors, and lighting designed to withstand high winds. Construction and erection of signs shall be in accordance with this title.

(2)    Signs permitted under this chapter shall advertise only the business or activity engaged in on the immediate premises. In the case of building complexes with multiple tenants, immediate premises shall be considered the actual store frontage or parts of the building adjacent to leased space. Subject to the other requirements of the ordinance codified in this chapter, one directory sign that lists all commercial tenants in a building complex is allowed per building facade, either mounted flush or as a freestanding or monument sign.

(3)    No sign shall be erected at any location where, by reason of the position, shape or color of such sign, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

(4)    No sign shall be placed within 40 feet of any intersection measured at the centerline of the intersecting streets.

(5)    Flashing signs and intermittent illumination are permitted only in commercial and industrial zones.

(6)    Abandoned signs shall be removed by the property owner within six months of the cessation of the advertised business or activity.

(7)    Roof-mounted signs, including any signs painted on the roof surface, but excepting those mounted on a marquee or canopy, are prohibited.

(8)    Political signs up to 16 square feet each on residential property and up to 32 square feet on commercial or industrial property may be displayed on private property without a sign permit.

(9)    During a “grand opening” not to exceed 14 days, temporary grand opening signs of up to 24 square feet may be displayed on the premises in all zones without a sign permit and regulations with respect to sign area, placement, and sign type, with the exception that not more than one grand opening event may be advertised at any business location within any 12-month period; provided, that each separate business location within a multiple-business complex shall be entitled to a grand opening event separate from a grand opening event for the complex as a whole.

(10)    Temporary construction signs may be displayed without a sign permit in all zones, limited to a total sign area of 32 square feet per construction site, displayed no longer than one year, and removed no later than 10 days after completion or occupancy of the project.

(11)    Signs erected by government agencies for public safety or public notification may be erected in any zone without a permit.

(c)    Miscellaneous Zones Sign Development Table for Signs That Require a Sign Permit.

Sign Type3

Number

Area

Height

Setback

Illumination

ft = feet in = inches NA = Not Applicable sf = square feet

Freestanding Sign4

NA

30 sf (PLI only)5

None

None

Yes6

Projecting or Hanging Sign

NA

6 sf (HD only)

7 ft1

None

Yes2

Wall Sign

NA

25 sf (HD only)

30 sf (PLI only)5

None

None

Yes2, 6

 

1 = In the HD zone no person shall build, install, use, operate, maintain or keep a sign overhanging the boardwalk with less than seven feet minimum clearance.

2 = In the HD zone no person shall illuminate any sign with other than incandescent or neon lighting.

3 = In the HD zone, no person shall build, install, use, operate, maintain, or keep a sign that is made from materials other than wood, steel, porcelain-enameled steel, glass, stone, or a combination thereof. In the HD zone no person shall build, install, use, operate, maintain or keep a sign or billboard without first having applied for and received a certificate of approval from the administrative official.

4 = Pedestal mounted or bulletin board freestanding signs only in the PLI zone.

5 = Per street frontage.

6 = Signs located within the PLI zone may only be indirectly illuminated.

 

(d)    Elimination of Nonconforming Signs.

(1)    Existing permitted signs which do not conform to the requirements of this chapter shall be brought into compliance or eliminated within three years from the passage of the ordinance codified in this chapter, with the exception of nonconforming temporary signs, banner signs, or flashing or blinking signs, which must be removed within 90 days of the effective date of the ordinance codified in this chapter.

(2)    A nonconforming sign shall lose its legal nonconforming status if the sign is altered in any way in structure, color, or copy, or is substantially damaged, relocated, or replaced.

(3)    The code administrator shall order the removal of any sign erected, installed, or allowed to remain in violation of this chapter. He or she shall give at least 30 days’ notice in writing to the owner of such sign, or of the building, structure, or premises on which such sign is located, to remove the sign or bring it into compliance with this chapter. The director may order removal of the sign at the expense of the owner of the premises if compliance with the written order is not obtained. In the case of temporary signs, banner signs, portable signs or pennants, only seven days’ notice need be given. [Ord. No. 1726, §1, 8-4-14.]

18.35.060 Airport reserve.

The airport reserve includes certain properties located within the airport development zone identified within the map below.

[Ord. No. 1767, §2, 8-17-15.]

18.35.070 Planned unit development requirements.

All requests for a rezone to a planned unit development (PUD) zone must meet the requirements listed below:

(a)    Establishment of PUD zone. PUD zones are established through the change of zoning process, as described in KGBC 18.55.060, Procedures.

(b)     Minimum Site Area. The minimum site area for a PUD shall be two acres.

(c)     Phased Development. Phased developments are permitted in conjunction with a preliminary subdivision plan approval in accordance with KGBC Title 17.

(d)     Master Development Plan Requirement. A master development plan shall take the form of a map and narrative description.

(1)    The map shall be drawn to scale and show the external boundaries of the PUD and the boundaries of any development areas contained within the PUD. Development areas shall be labeled so as to be differentiated in the narrative description.

(2)    The narrative description shall establish, for the PUD as a whole and for any development areas it contains:

a.     The uses to be allowed as principal, accessory, conditional, or permitted with standards; and

b.    The development standards that apply to lands contained with the PUD and development areas; and

c.    Any specific development standards for conditional and permitted with standards; and

d.    Such other requirements as may be applicable to the establishment of the particular district; and

e.    Perimeter Requirement. Property adjacent to the perimeter proposed for nonresidential use and adjacent to property outside of the PUD area and within a residential zone shall maintain all specific setback or buffer requirements typically required for such uses when adjacent to property within a residential zone.

(e)    Additional Review Criteria. The following review criteria are in addition to the rezone review criteria established in KGBC 18.55.060(b)(4):

(1)    The design effectively provides for clustered buildings, mixed uses, or mixed housing types; and

(2)    The development incorporates boundary buffers sufficient to separate adjacent property from dissimilar uses; and

(3)    The configuration of the development provides for economy and efficiency in utilities, housing construction, streets, parking and circulation; and

(4)    The PUD must be integrated with surrounding land uses and minimize any negative impacts on them.

(f)    Implementation.

(1)    Subdivisions will be completed according to the relevant sections of KGBC Title 17 subject to any specific design criteria established by the PUD.

(2)    Use permits, including zoning permits and conditional use permits, will be issued according to the relevant sections of KGBC Title 18 subject to any specific land use and development requirements established by the PUD.

(g)    Amendment of Master Development Plan or Zone Map.

(1)    Approval by Assembly. The PUD zone master development plan is approved by the assembly as a zoning amendment approval under KGBC 18.55.060. Changes to the master development plan require approval of a zoning amendment in accordance with KGBC 18.55.060 if such change will result in any of the following:

a.    An increase in the number of dwelling units allowed;

b.    An increase in the gross building area for commercial or industrial structures;

c.    An addition of principal or conditional uses;

d.    Changes to the external boundaries of the current PUD.

(2)    Approval by Planning Commission. The following minor changes to the master development plan do not require approval of a zoning amendment by the assembly under KGBC 18.55.060, but will require approval by the planning commission applying the procedure for major variances in KGBC 18.55.040(c):

a.    Changes to the original boundaries of development areas that do not impact the external PUD boundary;

b.    A transfer of development rights between development areas (number of residential dwelling units and gross square footage of nonresidential structures);

c.    Deletion of land uses; or

d.    Changes to the development standards, excluding perimeter buffer or setback requirements.

(3)    Approval by Planning Director. The following minor changes to the master development plan may be approved by the planning director following the procedures for approval of a minor variance under KGBC 18.55.040(b):

a.    Changes to the original boundaries of development areas that do not impact the external PUD boundary and result in a change in area of a land use of less than 10 percent of the overall area of that use;

b.    Interpretation of uses to be allowed or prohibited; or

c.    Changes to dimensional standards less than 10 percent, excluding perimeter buffer or setback requirements.

(h)    Variances. Relief from the specific development requirements on individual lots within the PUD shall be subject to the requirements of KGBC 18.55.040.

(i)    Appeals. Any appeals from decisions made under subsection (g)(2) or (g)(3) of this section shall be in accordance with KGBC 18.55.070.

(j)    Identification of District on Zoning Map.

(1)    Any PUD zones shall be identified on the official zoning map by the letters “PUD” followed by the ordinance number establishing the district. Any ordinance amending a PUD district also shall be referenced on the PUD official zoning map by ordinance number (e.g. PUD 7489).

(2)    Amendments to the PUD district approved by the planning commission shall be referenced on the zoning map by commission resolution number. (e.g. PUD (PC 8347)).

Amendments to the PUD district approved by the zoning administrator shall be referenced on the zoning map by date (e.g. PUD (DPCD 4/20/12)). [Ord. No. 1784A, §3, 2-1-16.]