Chapter 17.19 GLACIER VIEW SPECIAL LAND USE DISTRICT</h2>

This special land use district is adopted to protect public health safety and welfare and to implement the recommendations of the Glacier View Comprehensive Plan.

(Ord. 95-102(SUB), § 2, 1995)

17.19.020 ESTABLISHMENT OF DISTRICT; MAP ADOPTED.

(A) There is established the Glacier View Special Land Use District, which shall be as shown on the “Official Glacier View Special Land Use District Map” adopted herewith and further described as:

Township 16 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 16 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 16 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 16 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 16 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 17 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 17 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 17 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 17 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 17 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 18 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 18 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 18 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 18 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 18 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 19 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 19 North, Range 9 East, Seward Meridian, Alaska

Entire 35 sections

Township 19 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 19 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 19 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 20 North, Range 7 East, Seward Meridian, Alaska

Section 24 and 25 All

Township 20 North, Range 7 East, Seward Meridian, Alaska

Section 13 and 14 Lying Easterly of the thread (center of the braided channels) of Purinton Creek

Sections 22 and 23 Lying Easterly of the thread (center of the braided channels) of Purinton Creek

Section 26 Lying Easterly of the thread (center of the braided channels of Purinton Creek

Township 20 North, Range 7 East, Seward Meridian, Alaska

Section 35 and 36 Lying Northeasterly of the thread (center of the braided channels of the Matanuska River

Township 20 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 20 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 20 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 20 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 20 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 21 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 21 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 21 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 21 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 21 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 22 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 22 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 22 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 22 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 22 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 23 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 23 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 23 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 23 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 23 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 24 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 24 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 24 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 24 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 24 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 25 North, Range 8 East, Seward Meridian, Alaska

Entire 36 sections

Township 25 North, Range 9 East, Seward Meridian, Alaska

Entire 36 sections

Township 25 North, Range 10 East, Seward Meridian, Alaska

Entire 36 sections

Township 25 North, Range 11 East, Seward Meridian, Alaska

Entire 36 sections

Township 25 North, Range 12 East, Seward Meridian, Alaska

Entire 36 sections

Township 1 North, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 1 North, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

Township 2 North, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 2 North, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

Township 3 North, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 3 North, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

Township 4 North, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 4 North, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

Township 5 North, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 5 North, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

Township 1 South, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 1 South, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

Township 2 South, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 2 South, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

Township 3 South, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 3 South, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

Township 4 South, Range 10 West, Copper River Meridian, Alaska

Entire 36 sections

Township 4 South, Range 11 West, Copper River Meridian, Alaska

Entire 36 sections

(Ord. 95-102(SUB), § 2, 1995)

17.19.025 DISTRICTS ESTABLISHED.

(A) Individual land use districts are established to separate and maintain the unique differences and address the desires of residents in each area identified within the Glacier View boundaries.

(B) For purposes of this SPUD, Glacier View is divided into the following land use districts as indicated on the official district map:

(1) Sheep Mountain Subdistrict; and

(2) Glacier View remainder (as described in MSB 17.19.020).

(C) The boundary for the Sheep Mountain Subdistrict shall be as shown on the “Official Glacier View Special Land Use District Map” and further described as:

Township 19 North, Range 10 East

Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, and 16.

Township 19 North, Range 11 East

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18.

Township 20 North, Range 10 East

Sections 1, 2, a portion of 3 lying easterly of Caribou Creek, a portion of 9 lying easterly of Caribou Creek, a portion of 10 lying easterly of Caribou Creek, 11, 12, 13, 14, 15, 16, a portion of 17 lying easterly of Caribou Creek, a portion of 18 lying easterly of Caribou Creek, a portion of 19 lying easterly of Caribou Creek, a portion of 20 lying easterly of Caribou Creek, 21, 22, 23, 24, 25, 26, 27, a portion of 28 lying easterly of Caribou Creek, a portion of 29 lying easterly of Caribou Creek, a portion of 33 lying south of the Matanuska River, 34, 35, and 36.

Township 20 North, Range 11 East

Entire 36 sections.

Township 21 North, Range 10 East

A portion of 25 lying south of Squaw Creek, a portion of 26 lying south of Squaw Creek, a portion of 27 lying south of Squaw Creek, a portion of 34 lying easterly of Caribou Creek, 35, and 36.

Township 21 North, Range 11 East

A portion of 20 lying south of Squaw Creek, a portion of 21 lying south of Squaw Creek, a portion of 23 lying south of Squaw Creek, 26, a portion of 27 lying south of Squaw Creek, 28, 29, a portion of 30 lying south of Squaw Creek, 31, 32, 33, 34, and 35.

(Ord. 07-056, § 2 (part), 2007)

17.19.030 DEFINITIONS.

(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• “Cottage industry” means home occupation.

• “Electrical substation” means an installation on the ground, the purpose of which is to transform electrical energy from higher to lower voltage for distribution.

• “Home-based resource-related activities” means activities such as farms, small scale manufacturing, and logging.

• “Major electrical transmission line” means the wire and supporting structures designed and intended to transmit rather than distribute electrical energy at voltages greater than 35 kilovolts from one point to another. Electrical energy carried by transmission lines would be transformed to lower voltage for distribution to users.

• “Planning director” means the planning director of the Matanuska-Susitna Borough.

• “Planning commission” means the Matanuska-Susitna Borough Planning Commission.

• “Unit” means a hotel or motel room, or detached cabin intended to provide temporary overnight accommodations.

• “Used” or “occupied” include the words “intended,” “designed,” or “arranged” to be used or occupied.

(B) The general rules of grammatical construction, interpretation of terms, and words and phrases in MSB 1.15 apply.

(Ord. 07-056, § 3, 2007; Ord. 95-102(SUB), § 2, 1995)

17.19.040 CONFORMANCE REQUIRED.

No building, structure, land, or water area located within this special land use district shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected except in conformity with the regulations specified in this chapter.

(Ord. 95-102(SUB), § 2, 1995)

17.19.045 SHEEP MOUNTAIN SUBDISTRICT; INTENT.

(A) It is the intent of this subsection to address the increased recreational use in the past several years and the potential for development that may be incompatible with the values of residents. To accomplish this, community members within the Sheep Mountain Subdistrict are interested in an increased level of land use regulation within the sub-district boundaries. Uses allowed in this subdistrict should generally meet the goals in the Sheep Mountain Subdistrict chapter of the Glacier View Comprehensive Plan, and may require conditions intended to protect the aesthetic values of the area, maintain the rural character, ensure protection of sheep habitat, promote nature-based tourism and protect public health, safety, and welfare.

(B) Permitted Uses. The following uses are permitted in the Sheep Mountain Subdistrict:

(1) residential:

(a) single-family dwellings;

(b) two-family dwellings;

(2) retail, office, service or other commercial uses with a foot print of 6,000 square feet or less;

(3) hotels, motels, or other overnight accommodations of 50 units or fewer;

(4) recreational vehicle parks, campgrounds, and parking lots with spaces for a total of 50 or fewer tent camping, RV or parking spaces;

(5) local serving public facilities buildings, or similar buildings for community civic uses, including churches;

(6) home-based, cottage industry activities; and

(7) home-based, resource-related activities such as farms, small scale manufacturing and logging, as long as the use does not negatively impact neighboring houses or businesses, as determined by the director.

(C) Conditional Uses. The following uses may be permitted by the commission with appropriate conditions, including increased setbacks, buffering, road access, parking, noise mitigation or other requirements intended to ensure the development is consistent with the intent of the district:

(1) multifamily dwellings;

(2) retail, office, service or other commercial uses with a foot print of greater than 6,000 square feet;

(3) hotels, motels, or other overnight accommodations of more than 50 units;

(4) recreational vehicle parks, campgrounds, and parking lots with accommodations for more than 50 tent camping, RV or parking spaces;

(5) major electrical transmission lines and associated electrical substations in accordance with the standards in MSB 17.19.120 and 17.19.130 (and similar public utility development);

(6) highway maintenance yards;

(7) tall structures exceeding 35 feet, and other conditional uses as outlined in MSB 17.60. A conditional use permit for a tall structure exceeding 35 feet in height may be granted if the commission determines it does not negatively impact the view shed from the highway, in addition to meeting the appropriate standards in MSB 17.60;

(8) commercial junk yards and refuse areas in accordance with MSB 17.60;

(9) sanitary landfills;

(10) commercial timber harvesting or processing over ten acres in size;

(11) commercial mining operations (excluding earth materials extraction);

(12) all other boroughwide conditionally permitted uses in accordance with MSB Title 17, not listed as permitted or prohibited (i.e., alcoholic beverages, earth materials extraction, adult entertainment, mobile home parks, etc.); or

(13) Other uses that are generally compatible with the land use district, and that are similar in intensity to the above conditional uses in terms of their traffic, noise, or other off-site impacts, as determined by the director (i.e., air tourism development).

(D) Prohibited Uses. Prohibited uses and structures within the Sheep Mountain Subdistrict Special Land Use District are:

(1) medical and industrial waste incinerators;

(2) alcohol and drug rehab and treatment centers;

(3) correctional facilities;

(4) hazardous material storage or waste disposal;

(5) commercial outdoor shooting ranges (does not include seasonal special events such as biathlons, etc.);

(6) race tracks used by motorized vehicles (does not include seasonal special events); and

(7) other industrial uses not conditionally permitted, that are similar to above prohibited uses in intensity in terms of their traffic, noise or other off-site impacts, as determined by the director.

(E) Lot Area. The minimum lot area for any use shall be 4.75 acres, except that:

(1) In the case where a water body (as defined in MSB 17.125), public easement or public roadway splits an existing parcel, the minimum lot size may be reduced, as long as the resulting parcels meet all other requirements under MSB Title 43 and the intent of the goals in the Sheep Mountain Subdistrict Plan.

(2) except that if a ten-acre aliquot part parent parcel when surveyed is less than ten acres, the parcel may be divided into two equal size parcels.

(F) Nonconforming Structures and Lots of Record. Nonconforming structures and lots of record shall be addressed as outlined in MSB 17.80.

(G) Development Standards.

(1) Setback/Screening Standards.

(a) Setback minimums shall be as outlined in MSB 17.55.

(b) To the extent reasonable, an undisturbed natural vegetative buffer should be retained within the setback, with the intent of maintaining the aesthetic values of the district.

(2) Sign Standards.

(a) Signs painted on or attached to buildings and not projecting more than three inches from the building shall not exceed 45 square feet.

(b) Signs projecting from buildings more than three inches, whether mounted perpendicular or hanging from the building, shall not exceed 12 square feet per side, nor the maximum building height allowed in this district.

(c) Free standing signs may not be internally illuminated and shall not exceed 65 square feet per side nor the maximum building height allowed in this district.

(d) Reader board style signs and signs which are flashing, rotating, animated, or internally illuminated are prohibited.

(Ord. 17-097, § 4, 2017; Ord. 15-033, § 2, 2015; Ord. 07-056, § 2 (part), 2007)

17.19.050 PERMITTED USES.

All uses are permitted unless identified as a conditional use or prohibited.

(Ord. 95-102(SUB), § 2, 1995)

17.19.060 CONDITIONAL USES.

(A) The following uses are permitted by obtaining a conditional use permit:

(1) major electrical transmission lines and associated electrical substations in accordance with the requirements of MSB 17.19;

(2) commercial junkyards and commercial refuse areas in accordance with the requirements of MSB 17.60;

(3) alcoholic beverage uses in accordance with the requirements of MSB 17.70.

(Ord. 95-102(SUB), § 2, 1995)

17.19.070 PROHIBITED USES.

There are no uses that are prohibited in the Glacier View Special Land Use District.

(Ord. 95-102(SUB), § 2, 1995)

ARTICLE II. CONDITIONAL USE PERMITS

17.19.080 PURPOSE.

(A) Those uses listed herein as conditional uses are declared to be potentially damaging to the property values and usefulness of adjacent properties, and/or potentially harmful to the public health, safety and welfare; and unless maintained under and in accordance with a lawfully issue permit, such uses are declared to be public nuisances. Maintenance of such a land use without a permit is prohibited.

(B) The conditional use permitting procedure is intended to allow the planning commission to consider the impact of the proposed use on surrounding property and the environment, and to attach conditions to the permit that will ensure that the conditional use will be compatible with nearby uses and in keeping with the character and integrity of the area.

(Ord. 95-102(SUB), § 2, 1995)

17.19.090 APPLICATION AND FEE.

(A) An application for a conditional use permit shall be filed by the owner of the property affected or his authorized agent.

(B) Application for a conditional use permit shall be in writing on a form(s) provided by the planning and land use department. The application shall include:

(1) map(s) or drawing(s) in sufficient detail to: identify the proposed route of the transmission line and properties affected by it; indicate the location of all support and other structures and installations associated with the transmission line; show any proposed road access points; topography and forest cover along the proposed route; clearing limits; and other information as may be required to indicate compliance with the standards for the conditional use listed in this and other pertinent sections of this chapter. A profile of a typical section of the project shall also be included illustrating the appearance, height and materials of the supporting structures and span of the transmission lines;

(2) a written report describing components of the project, numbers and sizes of lines, maximum voltages to be carried, projected radius and strength of electromagnetic fields created by the line at maximum voltage, heights, materials and finish of supporting structures; methods and schedule of construction, including means of assembling materials and bringing construction workers on site; provisions for maintenance and repair of the line; name, mailing address and telephone number of person with authority to represent the project; emergency procedures and contacts; evidence of authority to occupy or use the land and water upon which the project will be located; and any other information necessary or helpful to the planning commission in its review of the application; and

(3) a non-refundable fee as established by the assembly.

(Ord. 95-102(SUB), § 2, 1995)

17.19.100 PUBLIC HEARING.

(A) The planning commission shall hold a public hearing to consider any conditional use permit application.

(1) notice of any public hearing required under this chapter shall be given in accordance with MSB 17.03; and

(2) the form of the notice shall be as described in MSB 17.03.

(Ord. 95-102(SUB), § 2, 1995)

17.19.110 PLANNING COMMISSION ACTION.

(A) The planning commission shall consider the recommendation of the Glacier View Community Council and hear any interested parties; and shall render a decision on the application for a conditional use permit within 30 calendar days of the date of the public hearing. The planning commission may grant a conditional use permit with such conditions and safeguards as are appropriate to meet the standards of this chapter, or deny a conditional use permit when not in harmony with the purposes and intent of this chapter.

(B) Before any conditional use permit is issued, the planning commission shall make written findings certifying compliance with the following general and special standards.

(Ord. 95-102(SUB), § 2, 1995)

17.19.120 GENERAL STANDARDS.

(A) The conditional use will be consistent with the goals of the Glacier View Comprehensive Plan.

(B) The use will be generally compatible with adjacent properties and other property in the district. (Ord. 95-102(SUB), § 2, 1995)

17.19.130 SPECIAL STANDARDS.

(A) The following special standards apply to major electrical transmission lines and electrical substations:

(1) adequate provisions have been made for the protection of the public in general and of local residents from ill-effects of the electromagnetic field generated by the line;

(2) access roads constructed for construction and/or maintenance of the transmission line have been minimized to reduce impacts on wildlife and residents;

(3) the route of the transmission line shall minimize visibility of the line from the Glenn Highway and shall incorporate the Boulder Creek/Chitna Route illustrated as the most northerly route on Map 4 of the Alaska Energy Authority’s Copper Valley Intertie Feasibility Study, dated June 1993;

(4) the visual impact of the transmission line and supporting structures has been minimized by virtue of color and finish of materials used;

(5) crossings of well-used trails, especially those that are part of the ChickaloonKnik-Nelchina Trail system, have been minimized;

(6) wetlands have been avoided as much as practicable in the placement of support structures; and

(7) other impacts on tourism and outdoor recreation have been minimized.

(Ord. 95-102(SUB), § 2, 1995)

17.19.140 PLANNING DIRECTOR ACTION.

The planning director shall issue conditional use permits incorporating any conditions or requirements stipulated by the planning commission, or notify the applicant of standards that have not been met if a permit is denied by the planning commission. (Ord. 95-102(SUB), § 2, 1995)

ARTICLE III. ADDITIONAL PROVISIONS

17.19.150 VARIANCES; APPLICATIONS AND PROCEDURES.

Applications and procedures for variances under this chapter shall be as prescribed in MSB 17.65. (Ord. 95-102(SUB), § 2, 1995)

17.19.160 FLOOD DAMAGE PREVENTION; APPLICATION AND PROCEDURES.

Applications and procedures for obtaining a development permit within any designated special flood hazard area, under this chapter shall be as prescribed in MSB 17.29.

(Ord. 95-102(SUB), § 2, 1995)

17.19.170 RESIDENTIAL PLANNED UNIT DEVELOPMENT; APPLICATION AND PROCEDURES.

Applications and procedures for approval of a residential planned unit development under this chapter shall be as prescribed in MSB 17.36.

(Ord. 95-102(SUB), § 2, 1995)

17.19.180 SETBACKS.

Setback requirements shall be as prescribed in MSB 17.55.

(Ord. 95-102(SUB), § 2, 1995)

17.19.190 APPEALS.

Appeals from decisions of the planning commission may be made under the provisions of MSB 15.39.

(Ord. 95-102(SUB), § 2, 1995)

17.19.200 AMENDMENTS.

The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed pursuant to the requirements of MSB 15.24. Any amendments shall be consistent with the Glacier View Comprehensive Plan.

(Ord. 95-102(SUB), § 2, 1995)

17.19.210 ACKNOWLEDGEMENT OF EXISTING LAND USE REGULATIONS.

Prior to development, land owners or their authorized agents are encouraged to obtain an acknowledgement of existing land use regulations in accordance with MSB 17.01.

(Ord. 95-102(SUB), § 2, 1995)

17.19.220 ENFORCEMENT AND PENALTIES.

Enforcement of the provisions of this chapter and associated penalties shall be consistent with the terms and conditions of MSB 17.56.

(Ord. 95-102(SUB), § 2, 1995)