Chapter 18.50
CONDITIONAL USE STANDARDS

Sections:

18.50.010    Intent and applicability.

18.50.020    Accessory dwelling units.

18.50.030    Boarding kennel or boarding kennel operated as an accessory use to a veterinary clinic.

18.50.040    Commercial parking areas and expansion of existing business structures.

18.50.050    Commercial shopping centers.

18.50.060    Repealed.

18.50.070    Hot-mix asphalt plants and concrete batch plants, related machinery and materials, and stockpiling and storage of related materials and machinery.

18.50.080    Light manufacturing, fabricating, assembling and repairing.

18.50.090    Manufacturing, fabricating, assembling, enclosed storage, and repairing, including automotive repair.

18.50.100    Mobile building parks.

18.50.110    Multifamily group housing.

18.50.120    Natural resource extraction.

18.50.130    Public and private off-street parking lots, drive-in businesses, gasoline service stations, auto sales agencies, minor or major automobile repair and tire recapping and other automotive uses.

18.50.140    Residential kennels.

18.50.150    Storage of explosives.

18.50.160    Tax-exempt uses.

18.50.170    Telecommunications facilities.

18.50.180    Travel trailer parks.

18.50.010 Intent and applicability.

In addition to the normal planning commission review of a conditional use permit, some requests include specific standards associated with the proposed use. These specific standards are included in order to lessen the impacts of the proposed use. In addition to meeting the specific conditional use standards listed within this chapter for the particular use, the proposed use must meet all other requirements of the KGBC. In the event of a conflict between the specific standards listed and the other zoning requirements of this title, the specific standard shall prevail. Conditional use permits shall be applied for, reviewed and approved in accordance with KGBC 18.55.050. [Ord. No. 1726, §1, 8-4-14.]

18.50.020 Accessory dwelling units.

(a)    Intent. The purpose of this chapter is to: (1) provide homeowners with flexibility in establishing separate living quarters within or adjacent to their homes so that they might obtain rental income, companionship, security, or other benefits; (2) increase the supply of affordable housing within the community, which satisfies provisions of the comprehensive plan; and (3) ensure that the development of accessory dwelling units does not cause unanticipated impacts on the character, public health or stability of non-urban low density residential neighborhoods.

(b)    Detached accessory dwelling units (DADU) may be permanently established on a residential lot if a conditional use permit is granted by the planning commission, providing the requirements of KGBC 18.55.050 and the following additional standards are met. The detached accessory dwelling unit:

(1)    Shall be visually subordinate to the primary unit, and is limited in size to 1,200 square feet of gross floor area (not including garages and unheated storage areas) or 60 percent of the area of the principal dwelling for new structures or additions to or conversions of existing structures, whichever is less. For proposals in excess of 800 square feet of gross floor area, the planning commission must find:

a.    That the DADU is subordinate to the principal structure;

b.    The proposal would not have a material adverse impact on adjacent properties, including but not limited to viewsheds, parking, or compatibility (e.g., mass and scale of development);

(2)    Proposals which provide a minimum of two off-street parking spaces for the detached accessory dwelling unit subject to a rebuttable presumption that they will not have a negative impact on existing parking.

(3)    Can only be placed in a side or rear yard, except in the case of a new or converted garage with an integrated apartment, which may be in the front yard providing minimum setbacks are met.

(4)    Must meet all the development requirements of the zoning code, including setbacks, lot coverage, off-street parking, etc.

(5)    Shall share the principal dwelling’s sewer and septic system where practical and not in a city or service area or connected to a marine outfall, and the system shall be adequately sized and approved by ADEC for two dwelling units.

(6)    Must utilize a common driveway with the primary residence from the adjacent access road, unless impractical due to topographic constraints.

(7)    Shall not be a mobile building or other nonpermanent structure.

(c)    The planning commission shall weigh impacts to neighboring properties, including views, privacy, traffic, and preservation of the rural open quality of neighborhoods, and may impose conditions which mitigate neighborhood concerns. [Ord. No. 1726, §1, 8-4-14.]

18.50.030 Boarding kennel or boarding kennel operated as an accessory use to a veterinary clinic.

(a)    A boarding kennel may be permanently established if a conditional use is duly authorized by the planning commission, providing the following conditions are met:

(1)    The distance from any building containing kennels to the nearest adjoining residentially zoned property shall be not less than 50 feet. This distance may be increased if the planning commission deems it necessary.

(2)    The facility’s disposal system shall be approved by the Alaska Department of Environmental Conservation.

(3)    An animal establishment permit shall be obtained from the Ketchikan Gateway Borough department of animal protection.

(4)    Any structure within which the kennel is located shall be wholly enclosed.

(5)    Any structure within which the kennel is contained shall provide an interior surface that is impervious to the seepage of liquids from the interior to the exterior of the structure.

(6)    A six-foot-tall safety fence, designed to prevent escape or injury, shall be installed around the perimeter of the outside kennel areas.

(7)    Other conditions which the planning commission may find necessary to protect the public health, safety and welfare. [Ord. No. 1726, §1, 8-4-14.]

18.50.040 Commercial parking areas and expansion of existing business structures.

(a)    In cases where the side of a lot in an RH zone abuts a lot in a CC or CG zone subject to the following additional requirements:

(1)    Such conditional uses shall extend from the CC or CG zone no further than 50 feet or one lot.

(2)    Wherever said use abuts or is separated by an alley from property in a residential zone, the commercial parking lot or use or building shall be screened by a sight-obscuring fence or hedge of good appearance acceptable to the commission.

(3)    Exits and entrances must be located to avoid the formation of traffic hazards.

(4)    For all business expansion on all sides except the side abutting the existing business, yard and height requirements shall be the same as in this zone.

(5)    Any lighting shall be arranged so as to be shielded from adjoining streets and properties in the residential zone. [Ord. No. 1726, §1, 8-4-14.]

18.50.050 Commercial shopping centers.

(a)    In all zones where commercial shopping centers are permitted as a conditional use, they may be permitted by the planning commission as conditional uses under the procedure specified in this chapter and KGBC 18.55.050. The procedure for processing such a conditional use permit application shall be as set forth in KGBC 18.55.050 and shall include the procedures in this chapter.

(1)    In addition to the required submittals in KGBC 18.55.050(e), the applicant must submit the following:

a.    A complete and detailed site plan of the proposed development, including a general description of the goods and services which the development would offer for sale;

b.    A description of any additional developments which the applicant intends to or reasonably anticipates in conjunction with or subsequent to the proposed development on the same or adjoining parcels;

c.    A traffic impact analysis and detailed transportation management plan which describes the projected traffic impact of the proposed project, including average daily and peak hour volumes, sight distances, street capacity, Transportation Research Board Highway Capacity Manual (2010) (HCM) level of service, number and location of driveways and intersections, average and peak speeds, pedestrian movement, and traffic controls required to meet HCM service level C or better on affected streets;

d.    An estimate of the number and types of jobs to be created by the project;

e.    A detailed description of the project’s public service and utility requirements including water supply, sewage and solid waste disposal, electrical, cable, telephone and emergency services;

f.    A projection of local sales and property tax revenue the project is expected to generate assuming current tax structures and rates remain in effect;

g.    The developer shall also provide a report addressing the development’s anticipated impacts on the following:

1.    Outstanding bonds and publicly financed projects;

2.    The cost of public services and public revenue provided through taxes or other income.

(2)    The proposed development must also satisfy the following development requirements:

a.    The commercial shopping center must be planned and developed as a unit. This requirement is not intended to preclude separate ownership of stores, but rather to achieve efficiencies of a compact development and joint use of parking, exits and entrances, and landscaped areas.

b.    The off-street parking requirements within the applicable zone chapter must be met. [Ord. No. 1726, §1, 8-4-14.]

18.50.060 Concessionaire’s stands.

Repealed by Ord. 1826. [Ord. No. 1726, §1, 8-4-14.]

18.50.070 Hot-mix asphalt plants and concrete batch plants, related machinery and materials, and stockpiling and storage of related materials and machinery.

(a)    Hot-mix asphalt plants and concrete batch plants may be temporarily erected and used in any district, and in conjunction therewith may be stored and stockpiled, for a period not to exceed 12 months, if such a conditional use is duly authorized by the planning commission, or a permit for an additional 12 months or a construction season if approved by the planning and zoning commission, under the following conditions:

(1)    The machinery and equipment proposed to be used meets the requirements and standards of the Alaska Department of Environmental Conservation, and the several agencies and departments of the United States of America having jurisdiction thereover;

(2)    Such machinery and equipment is used and operated in such a manner as to comply with the requirements and standards of the Alaska Department of Environmental Conservation, the several agencies and departments of the United States of America having jurisdiction thereover, other state or local requirements and standards, the provisions of state law and city and borough ordinances and the common law of the State;

(3)    Such conditional use is compatible with the use to which adjacent property or properties are being put at the time of the application for such conditional use;

(4)    The applicant requesting such a conditional use supplies to the planning commission a bond in the penal amount of $10,000, written by an agent duly authorized to write such bonds in the State, in a form satisfactory to the borough attorney, conditioned as hereinabove provided.

(b)    Appeals to the Board of Adjustment.

(1)    The owner of the property, a municipal officer or any party with ownership or possessory interest in property located within the borough may file with the board of adjustment an appeal specifying in detail his objections to the grant or denial of a conditional use permit under this section. All such appeals shall be filed in writing with the clerk of the board of adjustment within 15 days of the date of said grant or denial.

(2)    All appeals to the board of adjustment shall follow, to the extent applicable, the procedure as set forth in KGBC 18.55.070. [Ord. No. 1726, §1, 8-4-14.]

18.50.080 Light manufacturing, fabricating, assembling and repairing.

(a)    Light manufacturing, fabricating, assembling and repair activities are allowed within the Central Commercial zone with a conditional use permit and in accordance with the following requirements:

(1)    Such uses may not include any uses not meeting the development requirements of the IL zone in KGBC 18.30.030(a) through (k), except the height limitation in KGBC 18.30.030(a). [Ord. No. 1843, §1, 9-18-17; Ord. No. 1726, §1, 8-4-14.]

18.50.090 Manufacturing, fabricating, assembling, enclosed storage, and repairing, including automotive repair.

(a)    Manufacturing, fabricating, assembling, enclosed storage, and repairing, including automotive repair activities are allowed within the General Commercial zone with a conditional use permit and in accordance with the following standards:

(1)    Such uses may not include any uses not meeting the development requirements of the IL zone in KGBC 18.30.030(a) through (k), except the height limitation in KGBC 18.30.030(a). [Ord. No. 1726, §1, 8-4-14.]

18.50.100 Mobile building parks.

(a)    In addition to the development requirements of the zone in which it is located, the following development requirements shall apply to mobile building parks:

(1)    Mobile building parks shall have a density of not more than 10 mobile buildings per gross acre.

(2)    Direct access from any arterial public street or right-of-way to any mobile building space within a mobile building park shall not be permitted.

(3)    Private roads within a mobile building park shall have a minimum width of 20 feet of stabilized surface. Private roads within a mobile building park shall be laid out so that their use by through traffic will be discouraged.

(4)    One parking space shall be provided for each mobile building space either on the mobile building space or conveniently located in the general area within the mobile building park. Parking space shall be a minimum of 180 square feet and of suitable configuration.

(5)    For mobile building parks greater than 10 units separate facilities may be provided for laundry facilities and park management offices clearly accessory to residential uses.

(6)    The minimum area for spaces shall be 2,600 square feet for a mobile building space and 3,900 square feet for a sectional building space.

(7)    Each space shall have a mean width of not less than 30 feet for a mobile building space and not less than 45 feet for a sectional building space.

(8)    Spacing and Setbacks.

a.    In a mobile building park, except for landscaping, fences and utility transmission lines, no mobile building or any structure shall be located within 20 feet of any property line of the mobile building park abutting a public street right-of-way, or within 15 feet of any side property line, or within 20 feet of any rear property line of the mobile building park.

b.    Within a mobile building space no mobile building, or its additions, or accessory structures shall be located within 10 feet of the front or within five feet of the side or rear boundary lines of the mobile building space.

c.    No mobile building, its additions or accessory structures shall be placed within 10 feet of any other mobile building, its additions or accessory structures.

(9)    A landscape screen consisting of view-obscuring fencing or vegetation shall be provided around mobile building parks except where, in the opinion of the planning commission, natural features such as tree cover or topography provide adequate screening or make other screening ineffective.

(10)    The undercarriage of each mobile building shall be screened from view by skirting.

(11)    Water supply and sewage disposal shall be provided by systems common to the entire mobile building park and in compliance with the applicable regulations of the Alaska Department of Environmental Conservation.

(12)    Mobile building parks shall be designed and developed to ensure rapid drainage of surface water.

(13)    Travel trailer spaces shall comply with all requirements of KGBC 18.50.180 and shall in number not exceed 20 percent of the total number of mobile building spaces within the mobile building park. [Ord. No. 1726, §1, 8-4-14.]

18.50.110 Multifamily group housing.

(a)    Multifamily group housing developments with the RL and RN zones, subject to the following additional requirements:

(1)    The site must be at least one acre in area.

(2)    An area of at least 7,500 square feet per dwelling unit shall be provided.

(3)    Yard, coverage and height requirements shall be the same as for principal uses in this zone.

(4)    The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood and will not adversely affect surrounding property values.

(5)    Water and sewer facilities shall be acceptable to all applicable health regulations. [Ord. No. 1726, §1, 8-4-14.]

18.50.120 Natural resource extraction.

(a)    Intent. The purpose of this section is to allow for and regulate the operation, scope, and duration of natural resource extraction within the borough, meeting the following objectives:

(1)    Provide landowners flexibility in realizing the economic value of their property by allowing the commercial extraction of natural resources in connection with the development of parcels for uses permitted in the relevant zone;

(2)    Minimize adverse impacts on other properties in the area, including, but not limited to, dust, noise, vibration, light, drainage changes and other off-site impacts, through careful design, establishing reasonable standards for equipment operation, and placing appropriate limits on the duration of activities;

(3)    Ensure that activities can be supported by existing infrastructure of the adjacent area.

(b)    General Provisions. Natural resource extraction may be permitted by the planning commission as a conditional use where allowed; provided, that the following standards are met:

(1)    Activity Impact Minimized. Extraction, processing, and transport activities are conducted in such a way as to limit and mitigate adverse impacts from noise, dust, drainage changes, smoke, vibration, flyrock, and lighting on surrounding uses.

(2)    Collateral Impacts. Extraction activities should not result in neighboring properties being at increased risk of landslide or impacts from redirected drainage and/or excavation.

(3)    Final Land Status. When complete, the extraction operations will not make the subject parcel unsuitable for future development as a result of such conditions as improper fill, steep or unstable slopes, or redirected drainage.

(c)    Duration. Conditional use permits for natural resource extraction can be granted by the planning commission for a period of up to 36 months. Said conditional use permit can be renewed by the planning commission one time for an additional period of up to 36 months. [Ord. No. 1726, §1, 8-4-14.]

18.50.130 Public and private off-street parking lots, drive-in businesses, gasoline service stations, auto sales agencies, minor or major automobile repair and tire recapping and other automotive uses.

(a)    Public and private off-street parking lots, drive-in businesses, gasoline service stations, auto sales agencies, minor and major automobile repair and tire recapping and other automobile repair and tire recapping and other automotive uses may be allowed within the Central Commercial zone with a conditional use permit and subject to the following requirements:

(1)    That exits and entrances be located to prevent traffic congestion and hazards;

(2)    That the proposed use be located so it will not divide the concentrated pedestrian shopping area which is intended for this zone. [Ord. No. 1726, §1, 8-4-14.]

18.50.140 Residential kennels.

(a)    A residential kennel may be permanently established if a conditional use is duly authorized by the planning commission, providing the following standards are met:

(1)    An animal establishment permit shall be obtained from the Ketchikan Gateway Borough department of animal protection, subject to the requirements listed in KGBC 6.10.050.

(2)    The use shall be accessory to a residential use.

(3)    Fifty-foot setbacks shall be provided from all property lines.

(4)    The facility’s disposal system shall be approved by the Alaska Department of Environmental Conservation.

(5)    Any structure within which the kennel is located shall be wholly enclosed.

(6)    Any structure within which the kennel is located shall be constructed, or reconstructed, in such manner so as to dissipate an interior sound level of 110 dBA (110 decibels on the A-weighted sound level) down to an exterior sound level of 45 dBA at a point located 50 feet from the exterior of the kennel structure. The structure shall be certified as meeting these requirements by a registered professional civil engineer.

(7)    Any structure within which the kennel is contained shall provide an interior surface that is impervious to the seepage of liquids from the interior to the exterior of the structure.

(8)    A six-foot-high safety fence, designed to prevent escape or injury, shall be installed around the entire perimeter of the kennel area.

(9)    There shall be no exterior sign, storage, display or other evidence of the presence of a residential kennel on the premises or any visual variance from the residential character of the principal building except for the sign as permitted in KGBC 18.20.050.

(10)    Such other conditions as the planning commission may find necessary to protect the public health, safety and welfare. [Ord. No. 1726, §1, 8-4-14.]

18.50.150 Storage of explosives.

(a)    Storage of explosives may be allowed within the Future Development zone with a conditional use permit and subject to the following additional requirement:

(1)    Subject to compliance with all applicable local, State and federal laws and regulations. [Ord. No. 1726, §1, 8-4-14.]

18.50.160 Tax-exempt uses.

(a)    In all zones except the FD zone and the CD zone, tax-exempt uses may be permitted by the planning commission as conditional uses under the procedure specified in KGBC 18.55.050. Before granting such a conditional use permit, the planning commission must find:

(1)    That the proposed location of the tax-exempt use and the size and the characteristics of the site will maximize its benefit to the public.

(2)    That the proposed location of the tax-exempt use and the plan for entrances and exits will not create traffic hazards on public streets.

(3)    That the proposed tax-exempt use will not occupy land which would be more beneficial to the community if put to a different use.

(4)    That the proposed use will not be detrimental to principal uses permitted in the zone for which the conditional use permit is requested.

(b)    Provided, however, that a proposed borough use of borough-owned property does not require a conditional use permit under this chapter if the assembly, by motion or resolution, approves a finding that the proposed project is in the public interest. An exemption based on such a finding will not waive the need for a conditional use permit where a conditional use permit is otherwise required by another section of this title. [Ord. No. 1726, §1, 8-4-14.]

18.50.170 Telecommunications facilities.

(a)    The purpose of this conditional use permit is to allow for and regulate the design, location, placement, construction, and removal of telecommunications towers, facilities, and antennas within the borough, meeting the following objectives:

(1)    Facilitate the provision of telecommunications services to the residents and businesses of the Ketchikan Gateway Borough and city of Ketchikan in an orderly fashion;

(2)    Minimize adverse impacts of towers through careful design, site location, landscaping, and innovative camouflaging techniques;

(3)    Ensure that towers, antennas, and telecommunications facilities are compatible with surrounding land uses;

(4)    Promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers; and

(5)    To encourage the location of towers in industrial and commercial districts and undeveloped areas rather than residential areas.

(b)    Telecommunications towers, facilities, and/or antennas may be permitted by the planning commission as a conditional use where allowed; provided, that the following standards are met:

(1)    Demonstration of Need. The applicant shall provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of its system and that there is no existing antenna support structure that could adequately serve the area if antennas were placed on it.

(2)    Interference. The placement, design, use and operation of telecommunications facilities shall comply with the Telecommunications Act of 1996 and the rules of the Federal Communications Commission (FCC).

(3)    Design.

a.    All towers shall be designed and certified by a licensed engineer for structural soundness and conformity with all applicable building, mechanical, and electrical codes as well as State and federal law.

b.    Freestanding towers shall be designed in all respects so as to accommodate co-location of the applicant’s antennas and at least two additional users and to allow for future rearrangement of antennas upon the tower, antennas mounted at varying heights, and to accommodate supporting buildings and equipment.

(4)    Site Location and Screening. Towers shall be located and painted so as to minimize their visibility where practicable and except as dictated by the Federal Aviation Administration (FAA).

(5)    Setbacks. No telecommunications tower or facility shall be located in the required minimum setbacks in any zone, with the exception that the use of existing light poles, high voltage poles or towers, and telecommunications towers are exempt from the setback requirements; provided, that such pole or telecommunications tower is not increased in height. Placement of new towers shall be set back from adjacent property lines a distance equal to or greater than to the actual height of the tower.

(6)    Height. Towers are exempt from the height restrictions of the zone they are located in subject to the following limitations: towers allowed in nonresidential zones shall not exceed 200 feet in height; towers allowed in residential zones shall not exceed 60 feet in height. Tower height shall be measured from the lowest adjoining grade to the highest point of construction and attachments thereto.

(7)    Lighting. No telecommunications towers or antennas shall be artificially illuminated unless required by law or the Federal Aviation Administration.

(8)    Fencing and Climb Guards. A freestanding tower shall be enclosed by security fencing not less than eight feet in height and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area. Climb guards are required on towers that are attached to existing structures when mounted on the ground and unable to be enclosed by fencing.

(9)    Access. Adequate access to the facility must be provided from a public right-of-way or easement consistent with the type of facility constructed. Sites off the road system do not require access via a right-of-way.

(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. [Ord. No. 1726, §1, 8-4-14.]

18.50.180 Travel trailer parks.

(a)    In addition to the development requirements of the zone in which it is located, the following development requirements shall apply to travel trailer parks:

(1)    Travel trailer parks shall have a density of not more than 19 campsites per gross acre.

(2)    Occupants of travel trailer park campsites shall remain in the same travel trailer park not more than 90 days in any calendar year.

(3)    Accessory structures and uses, such as boat rental facilities, laundry facilities, or bait shops, may be permitted; provided, that such structures or uses are clearly accessory to the recreational use of the park.

(4)    In a travel trailer park, except for landscaping, fences and utility transmission lines, no travel trailer or any structure shall be located within 20 feet of any property line of the travel trailer park abutting a public street right-of-way, or within 15 feet of any side property line, or within 20 feet of any rear property line of the travel trailer park.

(5)    Access.

a.    Direct vehicular access from any public street to any campsite within a travel trailer park shall not be permitted.

b.    Adequate provision shall be made for safe turning movements of vehicles with trailers entering or leaving the travel trailer park.

c.    Internal roads and walkways shall be designed for safe and convenient access to individual campsites and to facilities for common use of park occupants.

d.    Internal roads within a travel trailer park shall have a minimum width of 12 feet of stabilized surface for one-way traffic and not less than 20 feet of stabilized surface for two-way traffic. A 20-foot minimum width access roadway shall be extended to within 150 feet of each campsite in the travel trailer park.

e.    Pedestrian circulation shall be accommodated by walkways separate from vehicular roads wherever practicable.

(6)    Required Service Facilities.

a.    All water supply and sewage disposal services shall be provided in compliance with all applicable regulations of the Alaska Department of Environmental Conservation.

b.    Adequate restroom facilities shall be located within 400 feet of any campsite, by normal pedestrian routes, and at the minimum there shall be one men’s and one women’s toilet and lavatory and one wastewater disposal sink for every 15 campsites.

c.    At least one sanitary station for the sole purpose of disposing of holding tank wastes shall be provided for every 100 or fewer travel trailer campsites.

(7)    Campsites.

a.    Except as listed below, no minimum dimensions are specified for campsites, but each campsite shall provide a trailer stand and living area and may provide parking areas as needed, and the boundaries of the campsite shall be clearly marked.

b.    Stands for travel trailers and tow vehicles shall be stable and well-drained to prevent the accumulation of standing water or mud, and to prevent erosion of the stand.

c.    Cleared living areas shall be suitably located and improved for outdoor use by occupants of the campsite.

d.    Parking areas shall be a minimum of 180 square feet and of suitable configuration and shall be designed for the parking of vehicles other than the travel trailer or its tow vehicle.

e.    Stands, living areas and parking areas of any campsite shall be separated a minimum of 10 feet from any park road or walkway and there shall be a minimum separation of 10 feet between campsite stands. [Ord. No. 1726, §1, 8-4-14.]