Chapter 18.40
OVERLAY ZONES

Sections:

18.40.010    Intent.

18.40.020    Land use table.

18.40.030    Development requirements for permitted uses.

18.40.010 Intent.

(a)    An overlay zone is placed in an area where certain additional requirements are superimposed within the boundaries of an underlying district. The following overlay zones are in place within the Ketchikan Gateway Borough:

(1)    The Cottage Industry (CI) zone is an overlay zone intended to encourage small-scale home-based businesses in outlying areas where the lack of roaded access to retail, wholesale and service establishments has caused future development and residential zoned properties to take on a commercial and/or industrial character in support of a self-sufficient lifestyle. The CI zone recognizes the need for these “cottage industries” in outlying areas to continue to prosper and the need to protect the health, safety, and quiet enjoyment of the residential character of the underlying zone. Where provisions of the CI zone conflict with KGBC 18.45.020, Home occupations, the provisions of the CI zone shall apply.

(2)    The Mobile Building Restricted (MBR) zone is established as an addition to existing zoning classifications. It is intended that this zone overlay existing zones and that the zoning requirements of both zones coexist to promote the general health, safety and welfare of the community. Mobile buildings are a prohibited use in this zone, except that commercial mobile buildings on construction sites and mobile buildings or travel trailers stored on industrial lots while in transit by a bona fide commercial shipper are allowed in this zone.

(3)    The Mobile Building Unrestricted (MBU) zone is established as an addition to existing zoning classifications. It is intended that this zone overlay existing zones and that the zoning requirements of both zones coexist to promote the general health, safety and welfare of the community. Mobile buildings are a prohibited use in this zone, except that commercial mobile buildings on construction sites and mobile buildings or travel trailers stored on industrial lots while in transit by a bona fide commercial shipper are allowed in this zone.

(4)    The Newtown Overlay (NT) zone is established to protect the property and neighborhoods’ property values, and the image of the city of Ketchikan and the Ketchikan Gateway Borough by establishing minimum development standards.

(5)    The Spruce Mill Overlay (SM) zone is established to recognize that tourism based businesses catering primarily to pedestrian traffic from cruise ships generate a demand for parking that is substantially lower than was contemplated when the parking requirements of the zoning ordinance were adopted, making those requirements more harsh and restrictive than necessary to protect the public interest. [Ord. No. 1726, §1, 8-4-14.]

18.40.020 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 overlay 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

Cottage Industry (CI)

Mobile Building Unrestricted (MBU)

Mobile Building Restricted (MBR)

Newtown (NT)

Spruce Mill (SM)

A = Accessory P = Permitted2 C = Conditional1 NA = Not Applicable X = Not Permitted

All accessory uses permitted in the underlying zone.

A

A

A

A

A

All conditional uses permitted in the underlying zone.

C

C

C

C

C

All principal uses permitted in the underlying zone.

P

P

P

P

P

Alternate energy systems, and noncommercial radio antennas, not to exceed 80 feet in height.

C

NA

NA

NA

NA

Boat harbors and commercial docks

C

NA

NA

NA

NA

Cabinet shops

C

NA

NA

NA

NA

Dairying, gardening, farming, brewing, distilling and livestock raising, for sale.

C

NA

NA

NA

NA

Handicraft manufacturing

C

NA

NA

NA

NA

Hanging, repairing, and storage of fishing gear

C

NA

NA

NA

NA

Home-based businesses that are subordinate to the principal residence

C

NA

NA

NA

NA

Marijuana cultivation facility

X

NA

NA

NA

NA

Marijuana cultivation facility, limited

X

NA

NA

NA

NA

Marijuana establishment

X

NA

NA

NA

NA

Marijuana product manufacturing facility

X

NA

NA

NA

NA

Marijuana retail store

X

NA

NA

NA

NA

Marijuana testing facility

X

NA

NA

NA

NA

Mobile buildings

NA

P

X3,4,5

NA

NA

Photographic studio

C

NA

NA

NA

NA

Public and private cemeteries

C

NA

NA

NA

NA

Schoolhouses and community centers

C

NA

NA

NA

NA

Small boat construction or repair

C

NA

NA

NA

NA

Small sawmills of less than 75 horsepower

C

NA

NA

NA

NA

Tourist homes and resort cabins for day-to-day rental

C

NA

NA

NA

NA

Welding shops

C

NA

NA

NA

NA

 

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

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

3 = Any permitted principal, accessory or conditional use which is located on nonresidentially zoned, municipally owned land within the Ketchikan Gateway Borough may be conducted in a mobile building after a public hearing on the proposed use permit is held by the planning commission and a conditional use permit is issued, the duration of which shall be three years renewable.

4 = Exception. Conditional uses for the following purposes: mobile buildings owned and operated by the State of Alaska for purposes of housing and maintaining prisoners, for use as offices and/or classrooms within Public Lands and Institutions zones, travel trailer parks when located in the CC, CG, PLI, or FD zones, and mobile buildings or travel trailers stored upon industrial lots while in transit by a bona fide commercial shipper.

5 = Temporary uses for commercial mobile buildings on construction sites as allowed in KGBC 18.45.040(a)(1)(a).

 

[Ord. No. 1795, §1, 4-18-16; Ord. No. 1782SA, §7, 12-21-15; Ord. No. 1726, §1, 8-4-14.]

18.40.030 Development requirements for permitted uses.

(a)    Cottage Industry Overlay.

(1)    Minimum lot area: as permitted in the underlying zone.

(2)    Minimum lot width: as permitted in the underlying zone.

(3)    Minimum yards: as permitted in the underlying zone.

(4)    Maximum height: as permitted in the underlying zone, except for alternative energy systems, and noncommercial radio antennas, not to exceed 80 feet in height.

(5)    Labor Force. The use must be conducted by the family occupying the dwelling unit at the site. One nonresident/nonoccupant may be employed at the site or used as a part of the labor force at the site.

(6)    Occupancy of Lot. The use must occupy no more than the lot upon which the principal residence is located, or one adjoining lot, or both the lot occupied by the principal residence and one adjoining lot, provided all applicable setbacks are observed.

(7)    Signs. One two-square-foot sign as permitted in underlying zone for home occupations.

(8)    Compliance. Compliance with such conditions as permitted in KGBC 18.55.050 to protect the residential character, health, safety, welfare and quiet enjoyment of surrounding properties.

(9)    Conditional Use Permit Approval. Each application under this chapter and under Chapter 18.50 KGBC will be reviewed to satisfy the planning commission that adequate land area is present to mitigate impacts on adjacent properties. At the discretion of the planning commission, lot areas greater than the minimum lot area as provided in the underlying zone may be required.

(b)    Mobile Building Unrestricted (MBU) Overlay. Those requirements set forth as in the underlying zone classification.

(c)    Mobile Building Restricted (MBR) Overlay. Those requirements set forth in the underlying zone classification.

(d)    Newtown (NT) Overlay. In addition to those requirements set forth in the underlying zone classification:

(1)    New structures, substantial remodels of existing structures, and replacement of existing exterior materials with the overlay district as defined below will comply to the following building design and materials standards:

a.    Exterior building architecture shall be generally consistent with the traditional character of early 20th century Ketchikan through the 1950s. Examples of consistency include the original construction of existing structures with the Newtown Overlay District; and

b.    Siding/Window Trim. The window trim, doors (not including glass panels), and the siding on exposed sides of all new structures undergoing substantial remodeling or renovation, and replacements of existing wooden window trim and wooden siding on exposed sides of existing structures, shall consist of wood or of materials which simulate the appearance of wood by having a wood grain texture such as Hardiplank. Wood or faux-wood siding does not include vinyl siding or T-111; however, structures having T 111 or metal siding on May 6, 2008, the effective date of this ordinance, may replace the existing metal or T-111 with new metal or T-111. Wood or faux-wood window casings and/or frames will not be required. However, if an existing structure is demolished under any circumstance after the effective date of this ordinance, replacement of the structure must meet with the design and material standards, excluding metal or T-111; and

c.    Awnings. Storefronts abutting sidewalks must have awnings and/or rain marquees; and

d.    Window Shutters. Storefront windows shall not be boarded up during weeks and/or months when the business is not open but finished shutters may be installed; and

e.    Signs. Signage within the Newtown Overlay District prohibits signs larger than six square feet in area, overhanging any sidewalk. All signs overhanging the sidewalk must have at least seven feet minimum clearance from top of sidewalk to bottom of sign. Surface mounted signs are permitted to a maximum of 32 square feet and shall not exceed one foot in depth. Rooftop and/or awning top signs are prohibited. All signs must be permitted by the administrative official. Material for signs must be either wood, steel, porcelain-enameled steel, glass, stone, or a combination thereof.

f.    Flashing Lights. Flashing lights, including strobe, revolving, or sequential lighting of any kind, are prohibited.

g.    Loudspeakers. Loudspeakers shall not be 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.

(2)    These standards shall be liberally construed in favor of the property owner.

(e)    Spruce Mill (SM) Overlay. In lieu of the parking requirements contained elsewhere in this title, the following parking standards shall apply:

(1)    The required number of parking spaces for the businesses and structures existing in the Spruce Mill Zoning Overlay District on April 7, 2011, is 137.

(2)    New businesses and structures in the Spruce Mill Zoning Overlay District:

a.    Are required to have adequate parking on site as part of the business development, or are required to provide off-site parking.

b.    Are required to have sufficient parking to address employee and customer needs. [Ord. No. 1726, §1, 8-4-14.]