Chapter 17.59
T TRANSITIONAL DISTRICT

Sections:

17.59.010    Application and intent.

17.59.020    Repealed.

17.59.030    Initial zoning upon annexation.

17.59.040    Permitted principal and accessory uses and structures.

17.59.050    Conditional uses.

17.59.060    Prohibited uses.

17.59.070    Repealed.

17.59.080    Limitations to change of land use and structures.

17.59.090    Setbacks and buffers for expansion or new structures.

17.59.100    Maximum height of structures.

17.59.110    Off-street parking and loading.

17.59.010 Application and intent.

A. The T – transitional district applies to those small areas of mixed residential, commercial, and/or industrial uses annexed to the city that do not generally conform to the other land use districts in this title.

B. The city recognizes that some or all of the land annexed into the city has not been previously subject to zoning districts and that there is a need to provide a reasonable transition toward land use regulation by the city. Over time, property in the T – transitional district should develop a pattern of land uses more appropriate to one of the more traditional zoning districts found in Chapters 17.20 to 17.58 PMC. (Ord. 13-009 § 3, 2014; Ord. 632 § 4, 2004)

17.59.020 Zone effective upon annexation.

Repealed by Ord. 13-009. (Ord. 632 § 4, 2004)

17.59.030 Initial zoning upon annexation.

A. Following annexation, the commission shall conduct public hearings regarding land use in the annexation area. After the hearings, the city, giving due consideration to the results of the public hearing process, shall designate an initial zoning district for newly annexed parcels.

B. Owner-initiated zoning map amendments may be made at any time in accordance with Chapter 17.80 PMC. (Ord. 13-009 § 5, 2014; Ord. 632 § 4, 2004)

17.59.040 Permitted principal and accessory uses and structures.

Principal uses and structures in the T – transitional district are:

A. Lawful uses are to continue in the transitional district, except those prohibited uses specified in PMC 17.59.060 and those permitted to continue only by conditional use.

B. Lawful accessory uses and structures are allowed to continue. (Ord. 13-009 § 6, 2014; Ord. 632 § 4, 2004)

17.59.050 Conditional uses.

Uses which may be permitted in the transitional district by obtaining a conditional permit are:

A. Any expansion or change of legal use for all conditional uses for which the Matanuska-Susitna Borough granted a conditional use permit under Chapter 17.60 or 17.61 MSBC;

B. Any expansion or change of legal use for all uses for which the Matanuska-Susitna Borough granted a permit under Chapter 17.48 MSBC (mobile home park), Chapter 17.70 MSBC (use involving alcohol beverage sales and dispensing), or Chapter 17.90 MSBC (adult business);

C. Cemeteries;

D. Storage of more than 10,000 gallons of petroleum products;

E. Chemical plant;

F. Manufacture or storage of explosives, gunpowder, or fireworks; and

G. Noxious, injurious or hazardous uses, as defined in PMC 17.59.060, are prohibited; provided, however, that the city may grant a conditional use for such uses when it finds that the public health, safety, welfare and convenience will be adequately protected by location, topography, buffer landscaping or a screening structure. This subsection does not apply to agricultural facilities or operations to the extent protected by AS 9.45.235.

H. A conditional use permitted under this section shall be subject to the terms and conditions of the conditional use permit and the use does not have the expansion rights set out elsewhere in this chapter. (Ord. 13-009 § 7, 2014; Ord. 632 § 4, 2004)

17.59.060 Prohibited uses.

The following uses are prohibited in the transitional district:

A. Conditional uses that were subject to the Matanuska-Susitna Borough Code immediately before the date of the annexation but were not in full compliance with the code at the time of annexation. Examples are mobile home parks (Chapter 17.48 MSBC), uses involving alcohol beverage sales and dispensing (Chapter 17.70 MSBC), adult businesses (Chapter 17.90 MSBC) and all uses subject to Chapters 17.61 MSBC;

B. Uses that constitute a nuisance as set out by Chapter 8.36 or 8.37 PMC; provided, however, this subsection does not apply to agricultural facilities or operations to the extent protected by AS 9.45.235;

C. Noxious, injurious or hazardous uses, which are defined as any use that may be noxious, injurious, or hazardous to surrounding property or persons by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or conditions; provided, however, this subsection does not apply to agricultural facilities or operations to the extent protected by AS 9.45.235. (Ord. 13-009 § 8, 2014; Ord. 632 § 4, 2004)

17.59.070 Continuation of lawful prohibited uses.

Repealed by Ord. 13-009. (Ord. 632 § 4, 2004)

17.59.080 Limitations to change of land use and structures.

A. The use of land upon the effective date of annexation into the city may not be changed to another use without rezoning under Chapter 17.80 PMC if the use existing at the time of annexation or the use to be changed to is a use described by or similar to a use described by Chapters 17.28 through 17.58 PMC. For example, if a parcel’s use upon annexation is a second-hand store (PMC 17.32.020(8)), the use of the land may not be changed to refrigeration maintenance and repair (PMC 17.36.020(12)) without rezoning under Chapter 17.80 PMC. Similarly, if a parcel’s use upon annexation is nursery and Christmas tree sales (PMC 17.32.020(18)), the use of the land may not be changed to motel or hotel use (PMC 17.32.020(2)) without approval under Chapter 17.80 PMC.

B. If the use of land upon the effective date of annexation is a use described by or similar to a use described by Chapter 17.24 or 17.26 PMC (R-2/R-3 low/medium density residential districts), the use of the land must remain residential; however, the number of dwelling units may be increased by 50 percent without rezoning under Chapter 17.80 PMC.

C. For all structures in the transitional district except single-family residential structures and accessory uses to such residential structures, the square footage of structures upon the effective date of annexation may not be increased by more than 50 percent without rezoning under Chapter 17.80 PMC.

D. For all uses in the transitional district, the area of land in use upon the effective date of annexation may not be increased by more than 50 percent without approval under Chapter 17.80 PMC. For example, if five acres of a 40-acre parcel is in use upon annexation, the amount in use may not be increased by more than 50 percent without approval under Chapter 17.80 PMC.

E. The limitations set out in this section are in addition to and not in lieu of limitations set out elsewhere in this title or at law. (Ord. 13-009 § 10, 2014; Ord. 632 § 4, 2004)

17.59.090 Setbacks and buffers for expansion or new structures.

The following establish the setback and buffer requirements for expansion or new structures on a parcel in this district. These requirements do not apply to structures existing as of the date of annexation, but only to expansion of, or new, structures. The setback and buffer requirements vary depending upon the nature of the expanding or new structure and the nature of the zoning or use of the abutting parcel.

A. As a minimum setback, any expansion or new structure must be set back at least 25 feet from any public right-of-way and 10 feet from any other property line.

B. Expansions and new structures used for permitted uses, or uses similar to permitted uses, listed in the general commercial, industrial, business park, airport commercial, or airport industrial zoning districts, excluding uses listed in the limited commercial district, shall be set back 25 feet from all property lines.

C. Expansions and new structures used for permitted uses, or uses similar to permitted uses, listed in the general commercial, industrial, business park, airport commercial or airport industrial zoning districts, excluding uses listed in the limited commercial district, that are within 35 feet of property zoned or used for residential purposes shall have buffer landscaping. The landscaping shall be along the property line facing the residential use for the length of the expanded or new structure, plus 30 feet on either side of the structure.

1. Buffer landscaping shall consist of shrubs, trees, or a combination which will attain a mature height of at least six feet, with an average height of eight feet, planted at intervals less than 10 feet on center. The landscaping bed shall be eight feet in width. Deciduous trees or bushes may no make up more than 50 percent of the mixture.

2. All landscaping requirements must be met within 12 months of occupancy, and continue to meet such standards thereafter. All dead shrubs and trees shall be replaced to maintain the landscaping. (Ord. 632 § 4, 2004)

17.59.100 Maximum height of structures.

Maximum height of structures is 35 feet. (Ord. 632 § 4, 2004)

17.59.110 Off-street parking and loading.

Off-street parking and loading shall comply with Chapter 17.64 PMC. (Ord. 632 § 4, 2004)