Chapter 18.45
PERMITTED USE WITH STANDARDS

Sections:

18.45.010    Intent and applicability.

18.45.015    Variances to special standards.

18.45.020    Home occupations.

18.45.025    Marijuana establishments.

18.45.030    RH zone additional uses.

18.45.040    Temporary uses.

18.45.050    Townhouse dwellings and accessory uses.

18.45.060    Twinhouse dwellings and accessory uses.

18.45.070    Cluster subdivision.

18.45.010 Intent and applicability.

Uses without limits are not always appropriate. However, if special standards are applied, the impacts of the uses can be minimized to a point where the use can be allowed. In addition to meeting the special standards listed within this chapter for the particular use, the proposed use must meet all other applicable requirements of the KGBC. In the event of a conflict between the special standard and the other zoning requirements of this title, the special standard shall prevail. Proposed development in accordance with this chapter shall be processed using the zoning permit procedure (KGBC 18.55.020). [Ord. No. 1726, §1, 8-4-14.]

18.45.015 Variances to special standards.

The special standards listed in this chapter represent the minimum requirements necessary to protect the health, safety and general welfare of the Ketchikan Gateway Borough. As such these standards cannot be reduced and are not subject to the provisions of KGBC 18.55.040. [Ord. No. 1782SA, §8, 12-21-15.]

18.45.020 Home occupations.

(a)    It is the intent of this section to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a sign as permitted in KGBC 18.20.050. Home occupations are permitted uses with special standards in residential zones only so long as the following development requirements are met:

(1)    Uses Permitted. Subject to the development requirements of this section, home occupations include but are not limited to the following uses:

a.    Art studio;

b.    Residential day care for hire;

c.    Dressmaking;

d.    Millinery;

e.    Beauty parlor;

f.    Tutoring and musical instruction;

g.    Bed and breakfasts of not more than three bedrooms, not to exceed 10 occupants.

(2)    Uses Prohibited. Any use not meeting the development requirements of this section is prohibited. The following uses are specifically prohibited:

a.    Any occupation requiring a State of Alaska marijuana handler’s permit;

b.    Commercial automotive and boat sales or repair;

c.    Convalescent homes for the care of more than two patients;

d.    Marijuana establishments;

e.    Mortuaries;

f.    Private schools with organized classes;

g.    Real estate offices;

h.    Restaurants.

(3)    Development Requirements.

a.    Not more than one person outside the family shall be employed in the home occupation.

b.    Except as allowed in subsection (a)(1)(g) of this section, not more than one room or 30 percent of the gross floor area of all buildings on the lot, whichever is lesser, shall be used for the home occupation.

c.    The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto, except bed and breakfasts which shall be conducted entirely within the principal building. Any building used for a home occupation shall be wholly enclosed.

d.    There shall be no exterior sign, storage, display or other evidence of the home occupation or variance from the residential character of the principal building except for the sign permitted in KGBC 18.20.050. [Ord. No. 1782SA, §9, 12-21-15; Ord. No. 1726, §1, 8-4-14.]

18.45.025 Marijuana establishments.

(a)    It is the intent of this section to permit marijuana business establishments, excluding marijuana testing facilities, with a zoning permit only if the use meets specific criteria designed to make the use compatible with surrounding properties and maintain the neighborhood character and to support compliance with State licensing requirements. Notice of the zoning permit application shall be mailed to owners of affected lots and owners of property, as shown on the last equalized assessment roll, 1,000 feet from any point on the outside perimeter of the subject property.

(b)    A zoning permit shall not be issued to any marijuana business establishment, excluding marijuana testing facilities, if it is proposed to be located:

(1)    On any submerged lands or on a floating vessel; or

(2)    On property located within 500 feet of a school ground; or

(3)    On property located within 500 feet of a recreation or youth center; or

(4)    Within 500 feet of a building in which religious services are regularly conducted; or

(5)    Within 500 feet of a correctional facility.

(c)    Uses that are proposed in locations identified in this subsection can only be allowed by a conditional use permit granted by the planning commission under the procedures listed in KGBC 18.55.050. This includes locations where:

(1)    Any of the exterior walls of the building in which the use occurs are less than 200 feet from any residential zoning boundary.

(2)    Any of the exterior walls of the building in which the use occurs are more than 500 feet but less than 1,000 feet from any property line of a parcel of land containing a school.

(3)    Any of the exterior walls of the building in which the use occurs are more than 500 feet but less than 1,000 feet from any property line of a parcel of land containing a recreation or youth center.

(d)    The distances specified in subsections (b) and (c) of this section shall be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer boundaries of the school ground, the outer boundaries of the recreation or youth center, the main public entrance of the building in which religious services are regularly conducted, or the main public entrance of the correctional facility.

(e)    In addition to any conditions required by the planning director for a zoning permit, or the planning commission for conditional use permit, all zoning permits and conditional use permits for marijuana establishments shall include the following conditions:

(1)    The permittee shall comply with the State regulations regarding that enterprise; and

(2)    The permittee shall maintain a current State license for the enterprise; and

(3)    The permittee shall comply with all the terms of their State license.

(f)    A zoning permit application shall be denied if the planning director determines, based upon the information provided, that:

(1)     The application fails to contain the information required by KGBC 18.55.020(m); or

(2)    The location and operation fails to meet the requirements of subsection (b) of this section; or

(3)    The proposed use would violate State licensing requirements. [Ord. No. 1827, §20, 4-3-17; Ord. No. 1802A, §11, 6-20-16; Ord. No. 1782SA, §10, 12-21-15.]

18.45.030 RH zone additional uses.

(a)    Uses permitted subject to the additional requirement that the main structure be located not less than 100 feet from all points on any adjoining lot line of a property in an RL, RN or RM zone or that the roof of the main structure be at or below all points on any adjoining lot line of a property in an RL, RN or RM zone.

(1)    Non-tax-exempt private clubs, lodges, and fraternal societies, except those whose chief activity is customarily carried on as a business;

(2)    Professional offices with a gross floor area of 1,000 square feet or less;

(3)    Mortuaries. [Ord. No. 1726, §1, 8-4-14.]

18.45.040 Temporary uses.

(a)    Temporary uses are allowed in any zoning district in conformance with the following standards:

(1)    The zoning code administrator shall be authorized to issue temporary use permits for establishment of the following:

a.    Mobile buildings, trailers, and other temporary structures for use as construction offices, equipment and material storage during property development not lasting more than 12 months and provided that no dwelling use is allowed.

b.    Mobile buildings, trailers, and other temporary structures for festivals, carnivals, Christmas tree lots, and other similar uses lasting more than five days, but not lasting more than 30 days.

c.    The temporary use of private or public land for commercial activity in commercial and PLI zones such as Christmas tree sales, festivals, carnivals, merchandise or produce sales, and other similar uses lasting more than five days, but not lasting more than 30 days.

(2)    Temporary uses are permitted in accordance with the applicable zoning permit procedure established in KGBC 18.55.020(k). [Ord. No. 1726, §1, 8-4-14.]

18.45.050 Townhouse dwellings and accessory uses.

(a)    No series of lots shall contain more than eight contiguous townhouse dwelling units.

(b)    Title to all lots proposed to be developed with a series of attached townhouse dwelling units shall be vested under the same ownership at the time of construction, and all attached townhouse dwellings shall be constructed as a single unit and project during the same construction period.

(c)    A declaration of covenants, conditions and restrictions, or an agreement, as determined by the planning director, regarding maintenance and other matters, shall, if new lots are created, be submitted with the preliminary plat in accordance with KGBC 17.35.010(e), and be submitted with the zoning permit application if no new lots are to be created. Such declaration or agreement shall be in such form as required by the planning director, and shall include, but not be limited to, provisions providing for the maintenance and repair of the common wall and for decoration and maintenance of the exterior, including the roof, of the attached townhouse dwelling unit. The declaration or agreement shall be recorded.

(d)    In the event any townhouse unit is damaged or destroyed, any reconstruction or repair thereof shall comply with all the locational and other requirements set forth in this section.

(e)    An application for approval of a preliminary plat for subdivision shall be filed concurrently with the zoning permit application for construction of the series of attached townhouse dwelling units if new lots are to be created. Approval of the final subdivision plat shall not be granted until construction of the attached townhouse dwelling units has been completed.

(f)    Development Requirements Table. The following table provides the development requirements for townhouse dwellings. This table also provides special requirements and exceptions for development.

Development Requirement

End Lots

Non End Lots

Lot Area

2,500 sq. ft.

2,000 sq. ft.

Lot Width4

30 ft.

24 ft.

Front Yard6

10 ft.

10 ft.

Side Yard6

5 ft. 1,3

0 ft. 5,7

Rear Yard6

15 ft.

15 ft.

Maximum Lot Coverage

50%

60%

Maximum Structure Height2

30 ft.

30 ft.

1 = One side yard shall be zero feet, provided a common wall is located on such zero setback lot line; the remaining side yard shall be five feet.

2 = Measured as prescribed under definitions for maximum structure height or maximum building height and grade as applicable.

3 = One side wall of the townhouse dwelling shall be located along the zero setback lot line, and this wall shall be shared in common with an attached similar townhouse dwelling unit. Each common wall shall have a minimum fire rating of two hours.

4 = At the front building line.

5 = Both side yards may be zero feet, provided the side yard setback on both abutting lots is also zero feet, and a common wall is located on each zero setback line.

6 = No portion of any townhouse dwelling unit shall project over any lot line.

7 = Both side walls of each townhouse dwelling unit shall be located along a zero setback side yard lot line, and each wall shall be shared in common with an attached similar townhouse dwelling unit.

[Ord. No. 1785, §2, 2-1-16; Ord. No. 1726, §1, 8-4-14.]

18.45.060 Twinhouse dwellings and accessory uses.

(a)    Except as provided in KGBC 18.45.070, maximum lot coverage by all structures, and maximum height of all structures shall be the same as required by the zoning district within which the property is located; and provided further, that all development requirements of this chapter are met. The remaining side yard shall comply with the side yard requirement of the zoning district within which the property is located, except as provided in KGBC 18.45.070.

(b)    Accessory uses permitted shall be the same as permitted by the zoning district within which the property is located.

(c)    Each twinhouse dwelling lot shall be paired with only one other lot, and both lots shall be held under the same ownership at the time of construction of both twinhouses. Both attached twinhouse dwelling units shall be constructed as a single unit and project during the same construction time period.

(d)    A declaration of covenants, conditions and restrictions, or an agreement, as determined by the planning director, regarding maintenance and other matters, shall, if any new lots are created, be submitted with the preliminary plat in accordance with KGBC 17.35.010(e), and be submitted with the zoning permit application if no new lots are to be created. Such declaration or agreement shall be in such form as required by the planning director and shall include, but not be limited to, provisions providing for the maintenance and repair of the common wall and for decoration and maintenance of the exterior, including the roof, of the attached twinhouse dwelling unit. The declaration or agreement shall be recorded.

(e)    In the event any twinhouse unit is damaged or destroyed, any reconstruction or repair thereof shall comply with all the locational and other development requirements set forth in this chapter.

(f)    An application for approval of a preliminary plat for subdivision shall be filed concurrently with the zoning permit application for construction of the attached twinhouse dwelling units if new lots are to be created. Approval of the final subdivision plat shall not be granted until construction of the proposed twinhouse dwelling units has been completed.

(g)    Development Requirements Table. The following table provides the development requirements for twinhouse dwellings. This table also provides special requirements and exceptions for development.

Zone

Minimum Lot Area1, 3

Minimum Lot Width1,4

Minimum Yards2,5,6

FY = Front Yard SY = Side Yard RY = Rear Yard

RS

12,500 sq. ft.

45 ft.

FY = 15 ft.

SY = 15 ft.

RY = 20 ft.

RL

7,500 sq. ft.

40 ft.

FY = 15 ft.

SY = 15 ft.

RY = 20 ft.

RN

5,000 sq. ft.

35 ft.

FY = 15 ft.

SY = 10 ft.

RY = 20 ft.

RM

2,500 sq. ft.

30 ft.

FY = 10 ft.

SY = 5 ft.

RY = 15 ft.

RH

2,500 sq. ft.

30 ft.

FY = 10 ft.

SY = 5 ft.

RY = 5 ft.

1 = Except as provided under KGBC 18.45.070.

2 = One side yard shall be zero feet.

3 = The minimum lot area of a lot upon which is located one twinhouse dwelling may be reduced by not more than 20 percent if such lot reduction is necessary for optimal building siting due to lot configuration, view considerations, steep slopes, rock outcroppings, drainage courses, or other natural topographical features located on or adjacent to the lot proposed for twinhouse development, as determined by the planning commission serving as the platting authority, and provided such lot configuration, view considerations, steep slopes, rock outcroppings or other natural topographic features shall be clearly indicated on the subdivision plat. Any reduction in the minimum lot size of one twinhouse dwelling unit lot must be compensated for by an equal increase in the lot size of the lot upon which the attached companion twinhouse dwelling unit is to be located. In no event shall the combined area of the two lots upon which the two attached twinhouse dwelling units are to be located be less than the minimum lot area required by the zoning district within which the property is located. Additionally, all setback requirements specified in this chapter shall be met in all cases.

4 = At the front building line.

5 = One twinhouse dwelling unit side wall shall be located along the zero setback lot line, and this wall shall be shared as a common wall with an attached similar twinhouse dwelling unit. The common wall shall have a minimum fire rating of two hours.

6 = No portion of the twinhouse dwelling unit shall project over any lot line.

[Ord. No. 1785, §2, 2-1-16; Ord. No. 1726, §1, 8-4-14.]

18.45.070 Cluster subdivision.

(a)    It is the intent of this section to allow greater flexibility in the design and layout of residential subdivision. Clustering will permit the size of residential lots within a subdivision to be reduced below the minimum lot size required by the zoning district within which the subdivision is located; provided, that the average dwelling density of the entire subdivision does not exceed the density permitted by the applicable zoning and comprehensive plan classification. Advantages of the cluster subdivision include a larger amount of open space for use by residents; protection and conservation of drainage channels, steep slopes and other environmentally sensitive areas within the subdivision; and a reduction in road and utility installation and maintenance costs.

(b)    No cluster subdivision may be developed except in accordance with a preliminary plat for subdivision approved by the planning commission serving as the platting authority in accordance with KGBC Title 17.

(c)    Cluster subdivisions may be located within the RR, RS and RL zoning districts, subject to the requirements of this title and those contained in KGBC Title 17.

(d)    All permitted principal and accessory uses allowed by the zoning district within which the cluster subdivision is located shall be permitted except that the keeping of animals within a cluster subdivision in the RR zone shall be permitted as an accessory use only where the minimum yards required by KGBC 18.20.030 for noncluster subdivision lots are provided. Neighborhood play areas developed in accordance with KGBC 17.45.040 shall be considered as permitted accessory uses to dwelling units located within a cluster subdivision.

(e)    Development Requirements for Residential Lots.

Zone

Land Use

Minimum Lot Area

Minimum Lot Width

Minimum Yards

FY = Front Yard SY = Side Yard RY = Rear Yard

RR

1 family dwelling lot1

15,000 sq. ft.

100 ft.

FY = 15 ft.

SY = 15 ft.

RY = 20 ft.

RS and RL

1 and 2 family dwelling units

5,000 sq. ft.

50 ft.

FY = 10 ft.

SY = 5 ft.

RY = 15 ft.

RS and RL

Twinhouse dwellings2

2,500 sq. ft.

30 ft.3

FY = 10 ft.

SY4

RY = 15 ft.

1 = Two-family and twinhouse dwellings are prohibited in the RR zone.

2 = Shall be developed in accordance with all requirements listed within KGBC 18.45.060, except minimum lot area, minimum lot width, and minimum lot yards as listed in the table above.

3 = At the front building line.

4 = One side yard shall be zero feet, provided a common wall is located on such zero setback lot line; the remaining side yard shall be five feet.

[Ord. No. 1785, §2, 2-1-16; Ord. No. 1726, §1, 8-4-14.]