Chapter 17.75

(4) “Conditions, covenants, and restrictions” means legally established and recorded terms contained within a contract or deed allowing or restricting the use of land and types of buildings.

(5) “Dog team” means five or more dogs over the age of six months housed or kept for the competitive, recreational, or private sled use.

(6) “Dwelling unit” means a structure or portion of a structure providing independent and complete cooking, living, and sleeping facilities for one family.

(7) “Home occupation” means an activity carried out in a dwelling unit or detached appurtenance provided that:

(a) no more than one other person in addition to members of the family, who reside on the premises may engage in the occupation;

(b) the use of the dwelling unit and detached appurtenance for the home occupation is clearly incidental and subordinate to its use for residential purposes;

(c) there is no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building;

(d) traffic is not generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood;

(e) equipment or process is not used in the home occupation which creates noise, vibration, glare, fumes, odors, or commercial electrical interference, in violation of applicable government rules and regulations. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; and

(f) outdoor storage of materials or equipment is not required.

(8) “Kennel” means any premises or facility used for breeding, buying, selling, keeping, or boarding five or more dogs over the age of six months, whether for profit or not.

(9) “Lot” means a designated parcel, plot, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.

(10) “Mobile home” means a detached single-family dwelling designed for long-term human habitation and having complete living facilities; capable of being transported to a 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 a nonpermanent foundation. Travel trailers are not to be construed as mobile homes.

(11) “Nonconformity, pre-existing, legal” means a use, lot, structure, building, or activity which was lawful prior to the adoption, revision, or amendment of this title, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of this title.

(12) “Pit privy” means any outhouse or outdoor toilet.

(13) “Residential area” means any unified subdivision development or combination of subdivision developments, or more than three defined lots or parcels, which constitute a contiguous area with common features.

(14) “Subdivision” means:

(a) a term used to identify one or more lots, tracts, parcels, easements, or rights-of-way as a unified, distinct, or separate group usually created by a common plan or platting action; or

(b) the act of creating, modifying, combining, or eliminating boundaries of lots, tracts, parcels, easements, or rights-of-way in accordance with applicable laws.

(15) “Travel trailer” means a wheeled portable structure without permanent foundation, which can be towed, hauled, or driven; identified by a model number, serial number, or vehicle registration number; and primarily designed as temporary living accommodations for recreational, camping and travel use.

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

(Ord. 97-113(AM), § 2 (part), 1997)

17.75.020 INTENT.

(A) This land use district chapter is intended to protect the public health, safety, and welfare and to provide a method to protect and enhance the single-family residential use of land and improvements within designated districts in accordance with adopted borough comprehensive plans. This chapter is further intended to:

(1) allow property owners and other interested parties to request single-family residential land use regulations in specific areas;

(2) provide for orderly development;

(3) prevent overcrowding and excessive traffic; and

(4) protect the value, character, and integrity of residential neighborhoods where appropriate.

(Ord. 97-113(AM), § 2 (part), 1997)

17.75.030 ESTABLISHMENT OF DISTRICTS; MAP ADOPTED.

(A) A petitioner seeking approval of a subdivision before the platting board may simultaneously apply for planning commission approval to designate the subdivision as a single-family district. The planning commission shall make a recommendation on this action to the assembly. The planning commission shall consider, and act on, a platting action related petition for district designation under the same procedures and standards required for commission review of an application by petition as listed in this section except that the petitioner(s) must own 100 percent of the land to be included within the proposed district.

(B) Pursuant to MSB 15.24.017, the assembly shall hold a public hearing and may designate additional areas or delete areas subject to this chapter after recommendation by the planning commission.

(1) by its own action;

(2) at the direction of the assembly;

(3) at the request of a community council;

(4) during the review of a proposed use district, community plan, or comprehensive plan element; or

(5) upon receipt of an application by petition requesting the action.

(6) An application by petition to establish a land use district must be in writing on a form provided by the planning and land use department. The application must include:

(a) a petition favoring the application signed by legal owners (as listed by borough tax assessment records) of more than 75 percent of all lots less than five acres in area, and 100 percent of all lots greater than five acres in area, located within the boundary proposed for inclusion;

(b) a map depicting the application area;

(d) a written explanation of how the proposed action meets the requirements of code; and

(e) the name, address, telephone number and other information identifying a representative of the group sponsoring the petition.

(7) Application for exclusion from the provisions of this chapter may be made by the filing of an application together with the appropriate filing fee as established by the assembly with the borough by any person if accompanied by a petition favoring the application signed by the legal owners of record of more than 75 percent of all lots less than five acres in area, and 100 percent of all lots greater than five acres in area, located within the existing residential land use district. In addition, the application must include:

(a) a map depicting the area of the existing district, and the area proposed for exclusion;

(b) a written explanation of how the proposed action meets the requirements of code; and

(c) the name, address, telephone number and other information identifying a representative of the group sponsoring the petition.

(D) Modifications and conditions of approval for the proposed action may be required if the planning commission or assembly finds them appropriate under the requirement of code.

(E) The planning commission shall hold a public hearing to consider any proposed action to include or exclude an area from a land use district.

(1) Public notice shall be provided in accordance with MSB 17.03.

(F) The planning commission shall make findings and recommend to the assembly approval, denial, modification, or conditions of approval for the proposed action.

(G) [Repealed by Ord. 08-001(AM), § 2, 2008]

(H) [Repealed by Ord. 08-001(AM), § 2, 2008]

(I) In addition to other applicable codes, review of the proposed action shall be based on the all of the following standards:

(1) The land included in a proposed district must be reasonably compact, contiguous, and compatible in character. Exclusion of individual interior lots shall be avoided unless such exclusion is consistent with the standards of this chapter. Subdivisions and other areas with mostly contiguous and reasonably compact dimensions, existing single-family residential development trends, similar lot sizes, shared traffic patterns, and residential neighborhood characteristics, will be favored. Generally, the combined area of subject lots owned by parties in favor of the proposed action should be larger than the combined area of subject lots owned by parties opposed to the proposed action. Modification of the proposed action and conditions of approval may be required as the planning commission or assembly finds necessary.

(2) The proposed action shall be consistent with the applicable comprehensive plan and coordinated with existing use regulations in the general area. Existing subdivision covenants, plat notes, deed restrictions, and other valid restrictions of the development or use of the subject land will also be considered; however, they do not mandate or restrict borough actions under this chapter.

(3) The proposed action shall promote long-term beneficial impact to the public health, safety, and welfare. The proposed action must be reasonable considering existing development trends, promote the development of an improved unified neighborhood, and be coordinated with the larger community and the borough, including economic development, environmental conservation, compatibility of land use, traffic impacts and quality of life. The action should encourage appropriate long-term land development and use trends and discourage unreasonable land use incompatibility for residents and users. Consideration shall include agricultural, recreational, residential, commercial, industrial, institutional, and public uses as applicable.

(4) The adequacy of existing public infrastructure including services and facilities such as utilities, roads, school services, public safety, code enforcement, etc., must be considered. Proposed actions may not be approved if roads, utilities, and other necessary public infrastructure services and facilities are inadequate and not feasible to provide. Cost impacts to develop, improve, operate, and maintain necessary public infrastructure must be considered. The proposed action must be designed and conditioned to reduce or minimize additional public costs.

(5) Generally, at least five contiguous lots, or the equivalent in area based upon average lot size in the vicinity, should be subject to the proposal, except in cases where contiguous lots are being proposed for inclusion in an existing adjacent district. The appropriate minimum number of lots and area is variable based upon the specific issues under consideration.

(6) The proposed action shall not be for the sole reason of improving the property value of an applicant’s property or for unfairly affecting competitive business issues.

(7) The use of the petition process to impose the desires of owners of several small lots over the objections of owners of much larger and dissimilar parcels located near the smaller lots will be discouraged.

(J) Amendment. After a district is established or amended, the ordinance shall not be amended for a period of three years.

(K) The boundaries of single-family residential districts will be depicted upon an official map to be maintained in the borough planning department.

(Ord. 08-001(AM), § 2, 2008: Ord. 97-113(AM), § 2 (part), 1997)

17.75.035 DESIGNATED SINGLE-FAMILY RESIDENTIAL (SFR) LAND USE DISTRICTS.

(A) The following areas are designated single-family residential land use districts subject to the provisions of this chapter:

(1) Canoe Lake Subdivision (MSB subdivision number 3009).

(2) Chugach View Estates Single-Family Residential Land Use District, which includes Lots 4 through 9, Block 1, and Lots 1 through 4, Block 2, Chugach View Estates (MSB subdivision No. 6077); Lot 5A, Block 2, Chugach View Estates Resub. (MSB subdivision no. 3501); Lot 2, Block 1, and Lots 6 through 11, Block 5, Wilderness East Subdivision (MSB subdivision No. 6412).

(3) Wilderness East Single-Family Residential Land Use District, which includes Block 5, Lots 1-5 and 12-19; Block 6, Lots 1-8; Block 7, Lots 1-11; Block 8, Lots 1-6, of Wilderness East Subdivision, Tract 6412, Palmer Recording District, Palmer, Alaska.

(Ord. 13-047, § 2, 2013; Ord. 01-051, § 3, 2001; Ord. 00-001(AM) § 2, 2000; Ord. 97-113(AM), § 2 (part), 1997)

17.75.040 CONFORMANCE REQUIRED.

(A) No building, structure, land, or water area located within a single-family residential land use district shall be used or occupied, and no such building, structure, or part thereof shall be erected, constructed, reconstructed, moved, repaired or structurally altered, except in conformity with the regulations specified in this chapter. Any use not listed under permitted uses, that is not a legal nonconforming use or is not otherwise provided for in this chapter, is prohibited.

(B) Single-family residential land use districts designated under this chapter are also subject to other borough ordinances which are effective within the district.

(C) When this chapter is in conflict with any other borough ordinance, the more restrictive or higher standard will apply, unless specifically stated otherwise.

(D) This chapter does not repeal or modify any valid plat note, condition, covenant, or restriction except as specifically provided for. When a subdivision plat note, condition, covenant, or restriction is less strict than the applicable borough ordinance, the borough ordinance shall supersede.

(E) Except as otherwise provided by code, the borough is not responsible for the enforcement of plat notes, conditions, covenants, or deed restrictions.

(Ord. 08-001(AM), § 3, 2008; Ord. 97-113(AM), § 2 (part), 1997)

17.75.050 LEGAL NONCONFORMING USES.

Legal nonconforming structures or uses shall be subject to the requirements specified in MSB 17.80. (Ord. 97-113(AM), § 2 (part), 1997)

17.75.060 PERMITTED USES.

(A) The following are permitted as principal uses in a single-family residential land use district:

(1) one single-family dwelling unit per lot;

(2) public and common uses such as community well sites, septic drainage fields serving several lots, access, parks, and playgrounds that are dedicated on the approved subdivision plat or reserved in recorded conditions, covenants and restrictions.

(B) Accessory uses and structures which are customary and desirable adjuncts to permitted uses are allowed within single-family residential land use districts where such uses and structures are clearly secondary and incidental to a single-family dwelling. Accessory uses and structures must serve a principal structure on the same lot, an adjacent lot, or a contiguous lot, under the same ownership. The following accessory uses and structures are permitted uses:

(1) noncommercial garages attached or detached, storage buildings, barns, fences, and other incidental structures and uses, the total square footage of which all accessory uses shall not exceed 150 percent of the principal dwelling;

(2) noncommercial outdoor storage of material and equipment, including noncommercial trucks, boats, campers, and travel trailers in a safe and orderly manner;

(3) agriculture, such as gardens, greenhouses and animal husbandry including raising produce or animals for sale, subject to the following conditions:

(a) The agricultural use of the dwelling unit, detached appurtenances and the land is clearly incidental and subordinate to its single-family residential use.

(b) The agricultural use is conducted and maintained in a safe, neat, orderly, clean and humane condition. Animals must be maintained within the property boundaries. Waste must be removed in a timely fashion to prevent odor and unsanitary conditions.

(c) Traffic is not generated in greater volumes than would normally be expected in a single-family residential neighborhood.

(d) Equipment and operations, including storage, does not create noise, dust, vibration, glare, fumes, odors, drainage, runoff, contamination, pollution, nuisance, or health hazard in violation of other governmental rules and regulations or that is objectionable to reasonable normal senses off the property.

(e) Outdoor storage of equipment or material is not required for the agricultural use.

(f) Outdoor signs advertising the agricultural use shall be limited to no more than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal dwelling structure. The total combined signage allowed for agricultural accessory use and home occupation on a lot shall not exceed two square feet;

(4) home occupations as defined in this chapter;

(5) two accessory dwelling units designed and used for guests, family members, or persons providing domestic or health services to the residents of the principal structure on the same lot. The total combined floor area of the accessory dwelling units may not exceed 50 percent of the principal dwelling unit floor area. The accessory dwelling unit may be located within the principal dwelling structure, within an accessory structure such as a garage with an apartment, or be a separate accessory structure; and

(6) private water supply wells and septic waste disposal systems, subject to approval by the Alaska Department of Environmental Conservation.

(Ord. 08-001(AM), § 4, 2008; Ord. 97-113(AM), § 2 (part), 1997)

17.75.070 CONDITIONAL USES. [Repealed by Ord. 08-001(AM), § 5, 2008]

17.75.080 PROHIBITED USES.

(A) Uses not specifically permitted are prohibited.

(1) [Repealed by Ord. 08-001(AM), § 6, 2008]

(2) [Repealed by Ord. 08-001(AM), § 6, 2008]

(3) [Repealed by Ord. 08-001(AM), § 6, 2008]

(Ord. 08-001(AM), § 6, 2008: Ord. 97-113(AM), § 2 (part), 1997)

ARTICLE II. CONDITIONAL USE PERMITS [Repealed by Ord. 08-001(AM), § 7, 2008]

17.75.090 PURPOSE. [Repealed by Ord. 08-001(AM), § 7, 2008]

17.75.100 APPLICATION AND FEE. [Repealed by Ord. 08-001(AM), § 7, 2008]

17.75.110 PUBLIC HEARING. [Repealed by Ord. 08-001(AM), § 7, 2008]

17.75.120 PLANNING COMMISSION ACTION. [Repealed by Ord. 08-001(AM), § 7, 2008]

17.75.130 GENERAL STANDARDS. [Repealed by Ord. 08-001(AM), § 7, 2008]

17.75.140 PLANNING DIRECTOR ACTION. [Repealed by Ord. 08-001(AM), § 7, 2008]

ARTICLE III. ADDITIONAL PROVISIONS

17.75.150 BUILDING SIZE.

(A) Principal buildings must have at least 500 square feet of living area on one single floor.

(B) Accessory building uses, whether attached or detached to the principal dwelling, must not have a larger footprint than 150 percent of the principal dwelling.

(Ord. 08-001(AM), § 8, 2008; Ord. 97-113(AM), § 2 (part), 1997)

17.75.160 SETBACKS.

Buildings, structures, and other development shall be subject to the setback requirements specified in MSB 17.55.

(Ord. 97-113(AM), § 2 (part), 1997)

17.75.170 WASTE DISPOSAL.

(A) All septic waste will be disposed of through a septic system approved by the Alaska Department of Environmental Conservation.

(B) The use of pit privies is prohibited.

(C) Portable toilets with holding tanks may be used during construction of the primary residence, not to exceed a period of 20 months, and subject to proper maintenance and disposal of waste.

(D) Trash and waste will be stored only on the same lot as the principal structure. Trash and waste will be stored neatly and kept in sanitary containers in such a manner to minimize odors, discourage scavengers, and prevent litter, pollution, and health hazards. Trash and putrescible waste may be kept on site for no more than 30 consecutive days before it is transported for proper disposal.

(Ord. 97-113(AM), § 2 (part), 1997)

17.75.180 APPEALS.

Appeals from a decision of the planning commission or from an enforcement order under this chapter shall be made under the provisions of MSB 15.39.

(Ord. 97-113(AM), § 2 (part), 1997)

17.75.190 VIOLATIONS, ENFORCEMENT, AND PENALTIES.

(A) Except as otherwise specified in this chapter, violations of this chapter are infractions.

(B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45.

(Ord. 97-113(AM), § 2 (part), 1997)