Chapter 17.08
DEFINITIONS

Sections:

17.08.005    Accessory.

17.08.006    Accessory dwelling unit (ADU).

17.08.007    Adult.

17.08.008    Agriculture.

17.08.010    Agricultural building.

17.08.012    Agricultural products.

17.08.014    Agriculturally related products.

17.08.015    Alley.

17.08.020    Alteration.

17.08.025    Apartment.

17.08.030    Area, building.

17.08.032    Assisted living home.

17.08.035    Automobile wrecking.

17.08.037    Babysitting.

17.08.038    Repealed.

17.08.040    Borough.

17.08.041    Brewpub.

17.08.045    Building.

17.08.050    Building, existing.

17.08.055    Building height.

17.08.060    Building line.

17.08.065    Building official.

17.08.070    Building, principal or main.

17.08.075    Campground.

17.08.077    Child.

17.08.078    Child care facility.

17.08.080    Church.

17.08.085    City.

17.08.090    Clerk.

17.08.095    Commission.

17.08.100    Common area.

17.08.105    Community system (water or sewage).

17.08.110    Conditional use permit.

17.08.113    Day care.

17.08.115    Density.

17.08.117    District.

17.08.120    Driveway.

17.08.125    Dwelling.

17.08.130    Dwelling, factory-built.

17.08.135    Dwelling, multiple-family.

17.08.140    Dwelling, one-family or single-family.

17.08.145    Dwelling, prefabricated.

17.08.150    Dwelling, two-family.

17.08.155    Dwelling unit.

17.08.160    Easement.

17.08.165    Enforcing agency.

17.08.170    Family.

17.08.172    Family child care.

17.08.175    Fence.

17.08.180    Floor area, gross.

17.08.185    Frontage.

17.08.190    Garage.

17.08.195    Garage, repair.

17.08.196    Garage or yard sale.

17.08.200    Grade (ground level).

17.08.205    Guest room.

17.08.207    Handicap.

17.08.208    Handicapped accessible ramps.

17.08.210    Health authority.

17.08.215    Repealed.

17.08.217    Home based commercial business.

17.08.218    Home child care.

17.08.220    Home occupation.

17.08.222    Home special needs care.

17.08.223    Hospice facility.

17.08.225    Hospital.

17.08.230    Hotel.

17.08.235    Housing.

17.08.240    Junk.

17.08.245    Junkyard.

17.08.247    Large retail establishment.

17.08.250    Loading space.

17.08.255    Lot.

17.08.260    Lot, corner.

17.08.265    Lot depth.

17.08.270    Lot, front.

17.08.275    Lot line, front.

17.08.280    Lot line, rear.

17.08.285    Lot line, side.

17.08.290    Lot width.

17.08.295    Mental health facility.

17.08.297    Mixed use.

17.08.300    Mobile home.

17.08.305    Mobile home park.

17.08.310    Motel.

17.08.316    Nonconforming use.

17.08.320    Nursing home.

17.08.325    Park.

17.08.330    Parking, public.

17.08.335    Parking space, off-street.

17.08.340    Person.

17.08.345    Planned unit development.

17.08.350    Plat.

17.08.355    Playground.

17.08.360    Plot.

17.08.363    Power plant.

17.08.365    Private street.

17.08.368    Preschool.

17.08.370    Property line.

17.08.375    Public street.

17.08.380    Residential care facility.

17.08.385    Right-of-way.

17.08.390    Roominghouse.

17.08.395    Salvage yard.

17.08.397    School.

17.08.398    Senior citizen.

17.08.399    Senior citizen housing.

17.08.400    Service station.

17.08.405    Setback.

17.08.410    Shall.

17.08.415    Should.

17.08.420    Site.

17.08.421    Special limitation.

17.08.422    Special needs care.

17.08.423    Special needs day care facility.

17.08.424    Special needs housing.

17.08.425    Story.

17.08.430    Street.

17.08.435    Street line.

17.08.440    Structure.

17.08.442    Tall structure.

17.08.445    Trailer.

17.08.450    Trailer camp, park or lot.

17.08.455    Use.

17.08.460    Use, principal.

17.08.463    Utility substation.

17.08.465    Variance.

17.08.467    Winery.

17.08.470    Yard.

17.08.475    Yard, front.

17.08.480    Yard, rear.

17.08.485    Yard, side.

17.08.490    Zoning administrator.

17.08.005 Accessory.

“Accessory,” as applied to a use or a building or a structure, means customarily subordinate or incidental to, and located on the same lot with a principal use, building or structure. (Ord. 454 § 4, 1992)

17.08.006 Accessory dwelling unit (ADU).

“Accessory dwelling unit (ADU)” means a subordinate dwelling unit added to, created within, or detached from a single-family structure, that provides basic requirements for living, sleeping, eating, cooking and sanitation. It may be attached to, or detached from, the principal dwelling unit. (Ord. 07-026 § 3, 2007)

17.08.007 Adult.

“Adult” means a person 18 years of age or older. (Ord. 489 § 3, 1995)

17.08.008 Agriculture.

“Agriculture” means the production, keeping or maintenance for sale, lease or personal use, of plants and animals useful to man, including, but not limited to, forages and seed crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, exotic animals or any mutations thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. (Ord. 457 § 3, 1993)

17.08.010 Agricultural building.

“Agricultural building” means a building used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. (Ord. 454 § 4, 1992)

17.08.012 Agricultural products.

“Agricultural products” includes, but is not limited to, crops; fruit; vegetables; floriculture; herbs; forestry; livestock and livestock products; horticultural specialties; maple sap, etc. (Ord. 12-005 § 5, 2012)

17.08.014 Agriculturally related products.

“Agriculturally related products” means items sold at a farm market or stand to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting farming in Alaska. (Ord. 12-005 § 5, 2012)

17.08.015 Alley.

“Alley” means a permanent service right-of-way providing a secondary means of access to abutting properties. (Ord. 454 § 4, 1992)

17.08.020 Alteration.

“Alteration” means any change, addition or modification in the construction, location or use classification. (Ord. 454 § 4, 1992)

17.08.025 Apartment.

“Apartment” means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which contains dwelling units for three or more families living independently of each other. (Ord. 454 § 4, 1992)

17.08.030 Area, building.

“Building area” means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. (Ord. 454 § 4, 1992)

17.08.032 Assisted living home.

“Assisted living home” means a residential facility, currently and duly licensed by the state of Alaska as an assisted living home, which combines housing, food service, general protective oversight and personalized assistance with the activities of daily living tasks such as eating, bathing, dispensing of medicines, housekeeping and other tasks. (Ord. 05-042 § 3, 2006)

17.08.035 Automobile wrecking.

“Automobile wrecking” means the dismantling of used motor vehicles or trailers, or the storage or sale of parts from dismantled or partially dismantled, obsolete or wrecked vehicles. (Ord. 454 § 4, 1992)

17.08.037 Babysitting.

“Babysitting” means providing care and supervision of children in a dwelling for compensation on an occasional basis. Babysitting is a home occupation. (Ord. 489 § 3, 1995)

17.08.038 Bed and breakfast.

Repealed by Ord. 18-006. (Ord. 07-033 § 3, 2007)

17.08.040 Borough.

“Borough” means the Matanuska Susitna Borough. (Ord. 454 § 4, 1992)

17.08.041 Brewpub.

“Brewpub” means a brewery, duly licensed by the State of Alaska, and restaurant that serves food and brews a maximum of 50,000 gallons of beer on the premises in one calendar year. (Ord. 09-001 § 3, 2009)

17.08.045 Building.

“Building” means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 454 § 4, 1992)

17.08.050 Building, existing.

“Existing building” means a building erected prior to January 17, 1978, or one for which a legal building permit has been issued. (Ord. 454 § 4, 1992)

17.08.055 Building height.

“Building height” means the vertical distance from the average elevation of the finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. (Ord. 454 § 4, 1992)

17.08.060 Building line.

“Building line” means a line set by ordinance establishing minimum distance from the street. (Ord. 454 § 4, 1992)

17.08.065 Building official.

“Building official” means the officer charged with the administration and enforcement of the building code. (Ord. 454 § 4, 1992)

17.08.070 Building, principal or main.

“Principal or main building” means a building in which is conducted the principal or main use of the lot of which said building is situated. (Ord. 454 § 4, 1992)

17.08.075 Campground.

“Campground” means an area for the use of a temporary shelter, tent, cabins, camping and camping trailers. (Ord. 454 § 4, 1992)

17.08.077 Child.

“Child” means a person under 18 years of age. (Ord. 489 § 3, 1995)

17.08.078 Child care facility.

“Child care facility” means a facility wherein care, supervision, education and/or special needs care is provided for more than six children. (Ord. 489 § 3, 1995)

17.08.080 Church.

“Church” means a building or structure, or groups of buildings or structures, which by use or design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith. (Ord. 454 § 4, 1992)

17.08.085 City.

“City” means the city of Palmer. (Ord. 454 § 4, 1992)

17.08.090 Clerk.

“Clerk,” other than city clerk, means the clerk of the commission. (Ord. 454 § 4, 1992)

17.08.095 Commission.

“Commission” means the city planning and zoning commission. (Ord. 454 § 4, 1992)

17.08.100 Common area.

“Common area” means an area or space designed for joint use of tenants occupying mobile home developments, apartment complexes, condominiums or the like. (Ord. 454 § 4, 1992)

17.08.105 Community system (water or sewage).

“Community system (water or sewage)” means a central system which services all living units and is not publicly owned. (Ord. 454 § 4, 1992)

17.08.110 Conditional use permit.

“Conditional use permit” means a provision which allows for flexibility within the zoning ordinance by permitting certain specified uses in zoning districts after additional controls and safeguards are applied by the commission to ensure their compatibility with permitted principal uses. (Ord. 454 § 4, 1992)

17.08.113 Day care.

“Day care” means providing care and supervision services for compensation between 6:00 a.m. and 10:00 p.m. (Ord. 489 § 3, 1995)

17.08.115 Density.

“Density” means the number of dwelling units per gross acre in any residential development. (Ord. 454 § 4, 1992)

17.08.117 District.

“District” means a portion of the city within which:

1. Certain uses of land and buildings are permitted or prohibited;

2. Certain yards and other open spaces may be required;

3. Certain height limits are established for buildings, all as set forth and specified in this title. (Ord. 05-018 § 3, 2005)

17.08.120 Driveway.

“Driveway” means a minor private way used by vehicles and pedestrians on a lot or for common access to a small group of lots or common facilities. (Ord. 454 § 4, 1992)

17.08.125 Dwelling.

“Dwelling” means a building designed or used exclusively as the living quarters for one or more families. (Ord. 454 § 4, 1992)

17.08.130 Dwelling, factory-built.

“Factory-built dwelling” means a detached single-family dwelling designed for long-term human habitation and having complete living facilities, and being at least 900 square feet in size, constructed and fabricated into one or more sections at a factory and designed to be jointed at location of use on a permanent foundation. (Ord. 454 § 4, 1992)

17.08.135 Dwelling, multiple-family.

“Multiple-family dwelling” means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. (Ord. 454 § 4, 1992)

17.08.140 Dwelling, one-family or single-family.

“One-family dwelling” or “single-family dwelling” means a detached building constructed on a permanent foundation, designed for long-term human habitation exclusively by one family, having complete living facilities and constituting one dwelling unit. (Ord. 454 § 4, 1992)

17.08.145 Dwelling, prefabricated.

“Prefabricated dwelling” means a detached single-family dwelling designed for long-term habitation and having complete living facilities fabricated at a factory into component parts which are assembled at location of use on a permanent foundation. (Ord. 454 § 4, 1992)

17.08.150 Dwelling, two-family.

“Two-family dwelling” means a detached building designed for or occupied exclusively by two families and constituting two dwelling units. (Ord. 454 § 4, 1992)

17.08.155 Dwelling unit.

“Dwelling unit” means a structure or portion thereof providing independent and complete cooking, living, sleeping and toilet facilities for one family. (Ord. 454 § 4, 1992)

17.08.160 Easement.

“Easement” means a right given by the owner of land to another party for specific limited use of that land. (Ord. 454 § 4, 1992)

17.08.165 Enforcing agency.

“Enforcing agency” means the city or its designee. (Ord. 454 § 4, 1992)

17.08.170 Family.

“Family” means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a roominghouse, club, fraternity house or hotel. (Ord. 454 § 4, 1992)

17.08.172 Family child care.

See “Home child care.” (Ord. 489 § 3, 1995)

17.08.175 Fence.

“Fence” means a barrier, which is constructed of one or more of the following materials, or combinations thereof:

A. Wood;

B. Metal;

C. Fiberglass; or

D. Masonry materials. (Ord. 10-014 § 3, 2010; Ord. 454 § 4, 1992)

17.08.180 Floor area, gross.

“Gross floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, attached garages, porches and balconies. (Ord. 454 § 4, 1992)

17.08.185 Frontage.

“Frontage,” or “front,” of a lot is the side nearest the street. For the purposes of determining yard requirements on corner lots and through lots, each side of a lot adjacent to a street shall be considered frontage, and yards shall be provided as indicated under “yards” in this title. (Ord. 454 § 4, 1992)

17.08.190 Garage.

“Garage” means a building or portion thereof in which motor vehicles containing gasoline, distillate or other volatile, flammable liquids are stored. (Ord. 454 § 4, 1992)

17.08.195 Garage, repair.

“Repair garage” means any building or premises which may be designed and used for the purposes of performing major automotive mechanical repairs and body work and other customary and incidentally related activities. (Ord. 454 § 4, 1992)

17.08.196 Garage or yard sale.

“Garage or yard sale” means the sale of new, used or secondhand items or personal property at premises that are zoned residential, to include without limitation, R-1, R-1E, R-2, R-3, and R-4. This definition includes the terms “garage sale,” “yard sale,” “flea sale,” “porch sale,” “lawn sale,” “attic sale,” “basement sale,” “rummage sale,” “flea market sale,” etc. The definition does not include the sale of four or fewer specific items where the specific items have been individually advertised for sale. (Ord. 05-034 § 3, 2005)

17.08.200 Grade (ground level).

“Grade (ground level)” means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five feet of a public sidewalk, the ground level shall be measured at the sidewalk. (Ord. 454 § 4, 1992)

17.08.205 Guest room.

“Guest room” means any room in a hotel, dormitory, boarding or lodging house used and maintained to provide sleeping accommodations. Each 100 square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room. (Ord. 454 § 4, 1992)

17.08.207 Handicap.

“Handicap” means, with respect to a person:

1. A physical or mental impairment which substantially limits one or more of such person’s major life activities;

2. A record of having such an impairment; or

3. Being regarded as having such an impairment, but such term does not include current, illegal use or addiction to a controlled substance (as defined from time to time in 21 U.S.C. Section 802). (Ord. 489 § 3, 1995)

17.08.208 Handicapped accessible ramps.

“Handicapped accessible ramps” means a walking surface that is part of a route providing access to a building for persons with limited mobility and providing a reasonable accommodation under the Fair Housing Act and the Americans with Disabilities Act. (Ord. 16-001 § 3, 2016)

17.08.210 Health authority.

“Health authority” means the Alaska Department of Health and Social Services. (Ord. 454 § 4, 1992)

17.08.215 Hearing examiner.

Repealed by Ord. 07-018. (Ord. 454 § 4, 1992)

17.08.217 Home based commercial business.

“Home based commercial business” means an activity conducted for profit by the residents of a property in a rural residential district which has received a conditional use permit for operation of the business. The business shall be secondary to the use of the dwelling for living purposes and shall be conducted in a manner that does not reasonably interfere with the primary residential character of the area. (Ord. 12-004 § 3, 2012)

17.08.218 Home child care.

“Home child care” means providing care and supervision for compensation for not more than six children total. Home child care is a home occupation. (Ord. 489 § 3, 1995)

17.08.220 Home occupation.

“Home occupation” means an accessory use customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a nameplate or sign not to exceed four square feet in area. (Ord. 552 § 3, 1999; Ord. 454 § 4, 1992)

17.08.222 Home special needs care.

“Home special needs care” means providing special needs care for not more than five people for compensation in a dwelling. Home special needs care is a home occupation. (Ord. 489 § 3, 1995)

17.08.223 Hospice facility.

“Hospice facility” means a facility where terminally ill individuals and their families receive support services from a team of health care providers and others to meet their physical, psychological, social, emotional, and spiritual needs. (Ord. 05-042 § 3, 2006)

17.08.225 Hospital.

“Hospital” means an institution providing health services and medical or surgical care to persons, primarily inpatients, suffering from physical and mental illnesses, disease, injury, deformity and other abnormal physical conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities. (Ord. 05-042 § 4, 2006; Ord. 454 § 4, 1992)

17.08.230 Hotel.

“Hotel” means any building, containing six or more rooms, intended or designed to be used, rented or hired out, or to be occupied for sleeping purposes only by transients. (Ord. 454 § 4, 1992)

17.08.235 Housing.

“Housing” means living units, dwellings and/or other structures that shelter or cover. (Ord. 454 § 4, 1992)

17.08.240 Junk.

“Junk” means any worn out, wrecked, scrapped, partially or fully dismantled discarded tangible material, combination of such materials or items, including motor vehicles that are inoperable or not currently registered for operation upon the public roads of Alaska; also machinery, metal, rags, rubber, paper, plastics, chemicals and building materials which cannot, without further alternation and reconditioning, be used for their original purpose. (Ord. 454 § 4, 1992)

17.08.245 Junkyard.

See “Salvage yard.” (Ord. 454 § 4, 1992)

17.08.247 Large retail establishment.

“Large retail establishment” means one or more buildings located on a single parcel that are used or intended for use principally for the retail sale of merchandise, and whose total building(s) footprint exceeds 20,000 square feet. “Large retail establishment” includes without limitation general merchandise retailers, warehouse and club retailers, superstores, discount stores, outlet stores, second-hand stores, and thrift stores. (Ord. 606 § 3, 2004)

17.08.250 Loading space.

“Loading space” means a space located on premises for pickup and delivery at the premises. Required off-street loading space shall not be included as off-street parking space in computation of required off-street parking space. (Ord. 454 § 4, 1992)

17.08.255 Lot.

“Lot” means a parcel of land shown as an individual unit on the most recent plat of record. (Ord. 454 § 4, 1992)

17.08.260 Lot, corner.

“Corner lot” means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. (Ord. 454 § 4, 1992)

17.08.265 Lot depth.

“Lot depth” means a mean horizontal distance between the front and rear property lines of a lot, measured in the general direction of its side property lines. (Ord. 454 § 4, 1992)

17.08.270 Lot, front.

The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and double frontage lots, all sides of a lot adjacent to the streets shall be considered frontage. (Ord. 454 § 4, 1992)

17.08.275 Lot line, front.

“Front lot line” means a line separating the lot from the street. (Ord. 454 § 4, 1992)

17.08.280 Lot line, rear.

“Rear lot line” means the line that is opposite and most distant from the front lot line, and in the case of an irregular, triangular or gore-shaped lot, a line not less than 10 feet in length, within a lot, parallel to and at the maximum distance from the front lot line. (Ord. 454 § 4, 1992)

17.08.285 Lot line, side.

“Side lot line” means any lot boundary line not a front lot line or rear lot line. (Ord. 454 § 4, 1992)

17.08.290 Lot width.

“Lot width” means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured between the midpoints of such lines. (Ord. 454 § 4, 1992)

17.08.295 Mental health facility.

“Mental health facility” means a facility or institution for diagnosing, treating, caring for or counseling people requiring mental health services in confinement. (Ord. 489 § 4, 1995; Ord. 454 § 4, 1992)

17.08.297 Mixed use.

“Mixed use” means a type of development that combines residential, commercial and/or office uses within a commercial district into one development or building. (Ord. 05-026 § 3, 2005)

17.08.300 Mobile home.

“Mobile home” means a detached single-family dwelling designed for long-term human habitation and having complete living facilities, constructed and fabricated into a complete unit at a factory and capable of being transported to location of use on its own chassis and wheels, identified by a model number and serial number by its manufacturer, and designed primarily for placement on an impermanent foundation. (Ord. 454 § 4, 1992)

17.08.305 Mobile home park.

“Mobile home park” means any parcel or adjacent parcels of land in the same ownership which is utilized for occupancy by two or more mobile homes. (Ord. 454 § 4, 1992)

17.08.310 Motel.

“Motel” means a group of attached or detached buildings containing individual sleeping or living units with at least one parking space for each unit located on the same premises and convenient to each unit, all for the temporary use by automobile tourists and transients. “Motel” includes auto courts and motor lodges. (Ord. 454 § 4, 1992)

17.08.316 Nonconforming use.

“Nonconforming use” means a use of land or structure, which was lawfully existing immediately before the provisions of this title or its amendments became applicable to such land or structure, but which use did not conform to the provisions of this title or its amendments when these provisions became applicable to such use or structure and which use has continued to be used without cessation, discontinuance or abandonment for the periods set out in Chapter 17.68 PMC. (Ord. 609 § 4, 2004)

17.08.320 Nursing home.*

“Nursing home” means a facility managed, supervised, or in the general care of a nursing home administrator currently and duly licensed as such by the state of Alaska, which facility is operated in connection with a hospital or in which nursing care, intermediate care, and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery with the state for the accommodation of convalescents or other persons who are not acutely ill but who do require skilled or intermediate nursing care and related medical services; the term “nursing home” is restricted to those facilities the purpose of which is to provide skilled or intermediate nursing care and related medical services for a period of not less than 24 hours a day to individuals admitted because of illness, disease or physical or mental infirmity. (Ord. 05-042 § 3, 2006)

*    Code reviser’s note: This section was added by Ord. 05-042 as PMC 17.08.224. It has been editorially renumbered to preserve alphabetization.

17.08.325 Park.

“Park” means a publicly owned area for recreational use by persons of all ages. (Ord. 454 § 4, 1992)

17.08.330 Parking, public.

“Public parking” means a structure or an open area, other than a street, alley or other right-of-way, used for the temporary parking of automobiles and available for public use whether free, for compensation or as an accommodation for clients or customers. (Ord. 454 § 4, 1992)

17.08.335 Parking space, off-street.

“Off-street parking space” means a space located off any street, alley or other right-of-way which is adequate for parking an automobile with room for opening both doors of it and adequate maneuvering room on a parking lot with access to a public street or alley. (Ord. 454 § 4, 1992)

17.08.340 Person.

“Person” means a natural person, his or her heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid, and the trustee, grantor and trustor of a trust. (Ord. 454 § 4, 1992)

17.08.345 Planned unit development.

“Planned unit development” means a group or combination of certain specified residential, commercial or industrial uses to be developed as a functional unit, the plan for which may not conform to the regulations established in any one or more zoning districts with respect to lot size, bulk, type of use, density, lot coverage, height or required open space. (Ord. 454 § 4, 1992)

17.08.350 Plat.

“Plat” means any map, plan or chart of a city, town, section or subdivision indicating the location and boundaries of individual properties. (Ord. 454 § 4, 1992)

17.08.355 Playground.

“Playground” means a publicly owned area for recreational use primarily by children. (Ord. 454 § 4, 1992)

17.08.360 Plot.

“Plot” means a parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or metes and bounds. (Ord. 454 § 4, 1992)

17.08.363 Power plant.

“Power plant” means a facility used for generating electricity; an industrial complex where power, especially electricity, is generated from another source of energy such as gas, coal, nuclear reactions, flowing water, wind, solar, or other natural resource. (Ord. 10-015 § 3, 2010)

17.08.365 Private street.

“Private street” means a private way which affords principal means of access to abutting individual lots and auxiliary buildings. (Ord. 454 § 4, 1992)

17.08.368 Preschool.

“Preschool” means providing day care with or without educational services for children not yet attending elementary school; includes nursery school and kindergarten. (Ord. 489 § 3, 1995)

17.08.370 Property line.

“Property line” means a demarcation limit of a lot dividing it from other lots or parcels of land. (Ord. 454 § 4, 1992)

17.08.375 Public street.

“Public street” means a public way which affords principal means of access to abutting properties and is dedicated to the public. (Ord. 454 § 4, 1992)

17.08.380 Residential care facility.

“Residential care facility” means a place which provides 24-hour care for one or more people who are not related by blood, marriage or legal adoption to the owner or operator and includes facilities called group homes and institutions. (Ord. 489 § 4, 1995; Ord. 454 § 4, 1992)

17.08.385 Right-of-way.

“Right-of-way” means the area which is dedicated to the public over which the right of passage exists. (Ord. 454 § 4, 1992)

17.08.390 Roominghouse.

“Roominghouse” means any dwelling in which, for compensation, three or more persons whether individually or as families are housed or lodged, with or without meals. A boardinghouse, lodginghouse, tourist home or a furnished-room house shall be deemed a roominghouse. (Ord. 454 § 4, 1992)

17.08.395 Salvage yard.

“Salvage yard” means any lot, or portion of a lot, which is used for the purpose of the outdoor storage, handling, dismantling, wrecking, keeping or sale of used, discarded, wrecked or abandoned airplanes, appliances, vehicles, boats, building and building materials, machinery, equipment, or parts thereof, including, but not limited to, scrap metals, wood, lumber, plastic, fiber or other tangible materials as defined in this title under “junk.” (Ord. 454 § 4, 1992)

17.08.397 School.

“School” means a public or private educational institution, not including preschool. (Ord. 489 § 3, 1995)

17.08.398 Senior citizen.

“Senior citizen” means an individual who is 60 years of age or older. (Ord. 05-042 § 5, 2006)

17.08.399 Senior citizen housing.

“Senior citizen housing” means housing in which each dwelling unit is occupied by individuals representing one or more of the following classifications:

A. One or more senior citizens;

B. The surviving spouse of a senior citizen who was, at the time of his or her death, living in the dwelling unit with the surviving spouse;

C. One or more individuals who reside in the same dwelling unit as a senior citizen, so long as such individuals are related to the senior citizen within two degrees of consanguinity and nieces and nephews;

D. One or more individuals who reside in the same dwelling unit as a senior citizen, so long as such individuals are essential to the care or well-being of the senior citizen.

Senior citizen housing also includes individuals who meet the eligibility requirements of a state or federal senior housing program that provides financing for projects so long as at least 80 percent of the units in the project are occupied exclusively by individuals who satisfy the requirements of subsection (A), (B), (C), or (D) of this section. (Ord. 05-042 § 6, 2006)

17.08.400 Service station.

“Service station” means a retail place of business engaged primarily in the sale of motor fuels, lubricants and other petroleum products, but also in supplying accessories and services generally required in the normal operation and maintenance of motor vehicles. The servicing of motor vehicles shall be generally limited to lubrication, nonmechanical washing, installation or replacement of accessory items, and the performance of minor automotive maintenance and repair. Body and fender work are prohibited except where specifically permitted by the regulations or by the terms of a special exception. (Ord. 454 § 4, 1992)

17.08.405 Setback.

“Setback” means the minimum horizontal distance between the front, rear and side lines of the lot, and the front, rear or side lines of the buildings. (Ord. 454 § 4, 1992)

17.08.410 Shall.

“Shall” indicates that which is required. (Ord. 454 § 4, 1992)

17.08.415 Should.

“Should” indicates that which is recommended but not required. (Ord. 454 § 4, 1992)

17.08.420 Site.

“Site” means a parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds. (Ord. 454 § 4, 1992)

17.08.421 Special limitation.

“Special limitation” means a provision adopted by ordinance which restricts the permitted principal uses and/or structures otherwise allowed in a zoning district or which requires compliance with site design standards not otherwise required by zoning district regulations. (Ord. 614 § 3, 2004)

17.08.422 Special needs care.

“Special needs care” means providing care, supervision and/or education for people requiring more than ordinary attention because of a physical and/or a mental handicap. (Ord. 489 § 3, 1995)

17.08.423 Special needs day care facility.

“Special needs day care facility” means a facility wherein special needs day care is provided for more than five people. (Ord. 489 § 3, 1995)

17.08.424 Special needs housing.

“Special needs housing” means a residential facility where tenants are physically or mentally disabled or are senior citizens. (Ord. 05-036 § 3, 2005)

17.08.425 Story.

“Story” means the portion of a building between any floor and the next floor above, except that the topmost story shall be that portion of a building between the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement, cellar or unused floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement, cellar, or unused floor space shall be considered a story. (Ord. 454 § 4, 1992)

17.08.430 Street.

“Street” means a way permanently open to general use which affords the principal means of access to abutting property, such as avenue, place, drive, boulevard, highway and any other similar public thoroughfare, except an alley as defined in PMC 17.08.015. (Ord. 454 § 4, 1992)

17.08.435 Street line.

“Street line” means the line of demarcation between a street and the lot or land abutting thereon. (Ord. 454 § 4, 1992)

17.08.440 Structure.

“Structure” means anything which is constructed or erected and located on or under the ground, or attached to something fixed to the ground. (Ord. 454 § 4, 1992)

17.08.442 Tall structure.

“Tall structure” means a structure which by its nature is tall and is not habitable or occupiable, such as an aerial, antenna, belfry, chimney, church spire, cupola, fire hose tower, flagpole, mast monument, tank, telecommunication tower and other similar structure or facility. (Ord. 630 § 3, 2004)

17.08.445 Trailer.

“Trailer” means any vehicle used or intended to be used as living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels and including trailers, trailer coaches and house cars. (Ord. 454 § 4, 1992)

17.08.450 Trailer camp, park or lot.

“Trailer camp,” “park” or “lot” means any area or premises where space for two or more trailers is rented, held out for rent or for which free occupancy or camping for such number is permitted to trailers or users for the purpose of securing their trade, herein referred to as a “trailer camp,” but not including automobile or trailer sales lots on which unoccupied house trailers are parked for inspection and sales. (Ord. 454 § 4, 1992)

17.08.455 Use.

“Use” means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained. (Ord. 454 § 4, 1992)

17.08.460 Use, principal.

“Principal use” means any main activity permitted by this title. (Ord. 454 § 4, 1992)

17.08.463 Utility substation.

“Utility substation” means a building or structure located above ground such as pump stations and equipment buildings used to transmit, distribute, or switch power, water, sewerage, natural gas, or communications signals. (Ord. 10-015 § 4, 2010)

17.08.465 Variance.

“Variance” means the relaxation of the strict application of the terms of this title. This definition shall not be construed to permit a use in any district which use is prohibited therein. (Ord. 454 § 4, 1992)

17.08.467 Winery.

“Winery” means a facility, duly licensed by the State of Alaska, where a maximum of 50,000 gallons of wine is manufactured and bottled or barreled in one calendar year, and is sold by the bottle or barrel for consumption off site. (Ord. 09-012 § 3, 2009)

17.08.470 Yard.

“Yard” means a required open space on the same lot with a principal use unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. (Ord. 454 § 4, 1992)

17.08.475 Yard, front.

“Front yard” means a yard extending the full width of the lot across the front of a lot adjoining a public street, and from the front lot line to the nearest exterior wall of the building, front of the bay window, or front of a covered porch or other projection, whichever is nearest to the front lot line. (Ord. 454 § 4, 1992)

17.08.480 Yard, rear.

“Rear yard” means a yard extending across the rear of the lot between the inner side yard lines. In the case of double frontage lots, there will be no rear yards but only front and side yards. (Ord. 454 § 4, 1992)

17.08.485 Yard, side.

“Side yard” means a yard extending from the rear lot line of the front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot line involved with the public street. In the case of double-frontage lots, side yards shall extend from the rear lines of front yards required. If no front yard is required, the front boundary of the side yard shall be the front property line. (Ord. 454 § 4, 1992)

17.08.490 Zoning administrator.

“Zoning administrator” means a city official appointed by the city manager to administer and enforce the zoning ordinance. (Ord. 454 § 4, 1992)