Chapter 17.80 SPECIFIC USE STANDARDS

A. Purpose. Some uses allowed by this title have special requirements or standards associated with them, as shown in the zoning district descriptions in Section 17.16.040. The specific use standards described in this chapter are generally organized by major types of uses including residential, commercial, industrial, and other major types of uses.

B. Applicability. Specific use standards apply to uses listed in the use tables in Section 17.16.040 that are marked as having such standards. These standards are applicable to situations that include the establishment of a new use and the expansion of an existing use. (Ord. 24-01 § 1)

17.80.020 Review process and application.

A. Generally. The city shall review the specific use standards herein concurrently with the associated building permit, conditional use permit, and/or zoning clearance application.

B. Submittal Requirements. In addition to other submittal requirements, applicants shall provide materials to demonstrate compliance with the applicable specific use standards. (Ord. 24-01 § 1)

Article II. Residential and Housing Uses

17.80.030 Accessory dwelling units.

A. Purpose. Accessory dwelling units (ADUs) are intended to function as an independent housing unit that is subordinate to a primary use on the same lot. Accessory dwelling units are intended to provide guest housing, caretaker residence, or general housing for the Valdez community.

B. Applicability. The standards herein are applicable to all new ADUs and expansions to existing ADUs.

C. Specific Use Standards. The following standards apply to all accessory dwelling units in addition to the zoning district requirements:

1. General Standards. All ADUs shall be subject to the following general standards:

a. The ADU shall be subordinate to a primary use or residence established on the same lot.

b. The ADU must be smaller in size (floor area) than the primary use.

c. The ADU may be attached to or detached from the primary use or accessory structure established on the same lot.

d. The ADU may be connected to the same utility meters/lines as the primary use/building on the lot.

e. ADUs shall meet the Valdez building code standards and are subject to building permit requirements.

f. Manufactured and mobile homes may be used as ADUs.

g. Recreational vehicles shall not be used as ADUs.

h. ADUs may be associated with a detached dwelling, duplex, or townhouse but shall not be established as part of a larger multi-unit dwelling.

2. Residential Zones. The following standards apply to all ADUs in the RR, R1, R2, or NMU zoning districts:

a. For residential lots of at least eight thousand square feet, one attached ADU and one detached ADU may be established/expanded on each lot where a primary use/residence exists. Additional ADUs are allowed at a rate of one unit per additional ten thousand square feet of lot area up to a maximum of five ADUs.

b. For nonresidential lots, a maximum of one ADU, either attached or detached, may be established as a caretaker residence. (Ord. 24-01 § 1)

17.80.040 Dwelling—Mobile home.

A. Applicability. The standards herein are applicable to the placement of mobile homes not present within the boundaries of the city of Valdez on the date of February 6, 2024.

B. Specific Use Standards.

1. No mobile home, as defined in this title, and constructed and fabricated prior to June 15, 1976, may be brought into the city of Valdez after February 6, 2024.

2. Mobile homes present within the boundaries of the city of Valdez on February 6, 2024, may be relocated within the city of Valdez, pursuant to Title 15 and other provisions of this title. (Ord. 24-01 § 1)

17.80.050 Dwelling—Multi-unit (more than four units per building).

A. Applicability. The standards herein are applicable to attached dwelling units (more than four units per building).

B. Specific Use Standards.

1. Parking Lots. New surface parking lots shall be oriented to the side or rear of the multi-unit dwelling building they are intended to serve.

2. Facade Design. Twenty percent of street-facing building facades shall include windows or door openings. (Ord. 24-01 § 1)

17.80.060 Shelters.

A. Applicability. The standards herein are applicable to the establishment of shelters larger than those located in individual residential dwellings. These standards do not apply in situations where the city, state, or federal governments provide temporary housing in response to an emergency or catastrophic event.

B. Specific Use Standards.

1. Housing Types. Shelters may be provided as manufactured homes, detached/attached dwellings, multi-family, or similar types.

2. Unit Types/Living Environments. The living environments within shelter may be provided as sleeping halls, individual units, or dormitories.

3. Sanitation and Bathing Facilities. Shelters shall include restrooms, bathing/showering rooms, and similar sanitary facilities consistent with the Valdez building code. Those facilities may be provided in individual units or in a shared arrangement.

4. Cooking/Dining Facilities. Shelters shall include cooking and dining facilities to serve the daily needs of the residents. This may include kitchens in individual dwelling units and/or as common dining halls with a shared kitchen.

5. Resident Services. Shelters may include resident service activities such as mental health counseling, child care, job training, victims’ resources, and similar activities. Those activities shall be subject to applicable state and city of Valdez licensing standards.

6. Parking Lots. When proposed, new surface parking lots shall be oriented to the side or rear of the shelter building they are intended to serve.

7. Building Design. Twenty percent of street-facing building facades shall include windows or door openings. In residential zones, shelter buildings shall be limited to three stories. (Ord. 24-01 § 1)

17.80.070 Worker housing.

A. Applicability. The standards herein are applicable to the establishment of new worker housing for temporary employees in districts where it is a conditional use.

B. Specific Use Standards.

1. Building Types. Worker housing units may be in the form of detached homes, manufactured homes, or attached multi-unit dwellings.

2. Recreational Vehicle Parks and Campgrounds. Recreational vehicle parks and campgrounds may be used for summer seasonal worker housing subject to the approval requirements for recreational vehicle parks and campgrounds. (Ord. 24-01 § 1)

17.80.080 Home occupations.

A. Purpose. The purpose of this section is to establish what constitutes a home occupation and the conditions under which they are permitted. Generally, a home occupation may include any type of office, service, or commercial use that is of a scale that meets the standards herein. Commercial activities that are larger in scale than described herein are required to be located in an appropriate zoning district.

B. Applicability. The standards herein apply to all home occupations allowed in dwelling units pursuant to the standards in this section.

C. Specific Use Standards.

1. Review. Home occupations shall be established through the issuance of a city of Valdez business registration, pursuant to Title 5.

2. Location. Home occupations may take place within a dwelling or associated accessory structure.

3. Employees. Employees associated with the home occupation business may include those individuals residing on the property plus one additional individual that does not reside on the property.

4. Incidental Scale. The home occupation business must be clearly subordinate to the primary residential use of the property. The property shall be the primary residence of the business owner. There shall be no visible evidence of the conduct of such home occupation other than one sign as specified in Section 17.96.070(A). No change to the outside of the building or premises shall be made for the purpose of accommodating or enhancing the home occupation that would change the residential character of the building or premises.

5. Compatibility. The home occupation shall not cause any noise, odors, effluent, smoke, dust, vibrations, electrical interference, bright or flashing light, or other objectionable conditions that would interfere with the quiet enjoyment of the residential neighborhood in which it is located.

6. Parking and Deliveries. A home occupation shall not require regular or frequent deliveries of goods or materials of such bulk or quantity, nor the parking of customer or client’s vehicles, in numbers or frequency, over and above the normal traffic associated with the dwelling as a residence.

7. Allowed Uses and Standards. Home occupations may include, but are not limited to, the uses listed in this section. Any home occupation may be permitted if in conformance with all provisions of this title.

a. Home-based instructors/tutors. Instruction services such as, but not limited to, tutoring, music classes, crafts classes, meditation guidance, and small-scale yoga classes, may be allowed between the hours of eight a.m. and nine p.m. for up to three students per class.

b. Offices.

c. Personal services, salon, barber, nails, tattoo, dog grooming, massage, acupuncture, chiropractic, etc.

d. Contractors, subject to the following requirements:

i. Outdoor Storage of Materials. In the R1 and R2 districts, no outdoor storage of materials is permitted unless associated with a permitted construction project. In the RR district, all materials must be stored either within a structure or completely screened from view from neighboring properties.

ii. Commercial Vehicles. In the R1 and R2 districts, the number of commercially licensed vehicles shall be limited to two. In the RR district, the number of commercially licensed vehicles shall be limited to four.

iii. Outdoor Storage of Heavy Equipment Associated With the Contractor Operation. No heavy equipment shall be stored in the public right-of-way in any district. The number of heavy equipment machines shall be limited as follows: one in the R1 and R2 districts, two in the RR district.

iv. All waste shall be disposed of off site at either a city baler/landfill facility or the city construction and demolition pit.

e. Woodworking and Furniture Repair/Fabrication. Small scale woodworking and furniture repair/fabrication may be allowed as a home occupation. These activities shall be conducted within an enclosed structure. Associated debris and materials shall be stored in a structure or within a fenced area on the property.

f. Small Engine and Appliance Repair. Small engine and appliance repair may be allowed as a home occupation. These activities shall be conducted within an enclosed structure. Associated debris and materials shall be stored in a structure. This shall not include marine craft, automobile, or aviation service and repair.

g. Arts and Crafts. The creation of arts and crafts, including but not limited to painting, sculpture, drawing, ceramics, printmaking, needle and yarn works may be allowed as a home occupation.

8. Prohibited Uses. Examples of occupations (businesses) that shall not be permitted as home occupations include, but are not limited to: vehicle/boat sales, vehicle/boat repair, general retail, eating establishments, drinking establishments, heavy industrial activities, activities including explosives and hazardous materials, kennels, medical services, self-storage (third party storage) and similar uses that detract from the neighborhood’s residential uses. (Ord. 24-01 § 1)

17.80.090 Short-term rentals.

A. Purpose. The purpose of this section is to establish rules, regulations, and limitations on housing arrangements which are typically an alternative to traditional lodging/accommodation establishments such as hotels and motels. Short-term rentals provide lodging or housing for terms less than thirty days.

B. Applicability. The standards herein apply to all short-term rentals as allowed as accessory uses in residential and commercial zones pursuant to Table 17.16.040-1. The provisions of this section shall be applicable to all short-term rentals that provide accommodations for terms less than thirty days. Motels, hotels, lodges, and inns, rental cabins, and long-term residential rentals (thirty days or more) are not subject to the provisions of this section.

C. Specific Use Standards.

1. Review. Short-term rentals shall be established through a short-term rental application and permit, provided by the community development department. The city may establish or modify a limit on the number of short-term rental permits it allows within the municipal limits, as established by resolution of city council.

2. Issuance. Permits will be issued and require renewal on an annual basis. During annual permit renewal period, the applicant must demonstrate that the short-term rental has been active (in both advertising and use) during the prior permit period.

3. Types of Rental Situations. Short-term rentals may be permitted as one of the following:

a. Dwelling Units. In these situations, a temporary tenant/guest may rent and occupy an entire dwelling unit which may include a house or apartment. These units typically possess a kitchen, bathroom, and any number of sleeping rooms. Dwelling units have the capacity to support multiple temporary tenants.

b. Rooms Within Dwelling Units. In these situations, individual sleeping rooms within a dwelling unit are rented/leased to temporary tenants/guests and the larger dwelling unit may be shared with the permanent resident. Rooms have limited tenant/guest capacity due to their size.

4. Business Registration. Permitted short-term rentals shall maintain an active business registration pursuant to Title 5.

5. Owner/Caretaker Registration. The owner shall register the name and contact information of the responsible caretakers/property manager with the city of Valdez so that public safety officials can effectively respond to neighborhood complaints or safety-related events. The owner shall also post the caretaker/property manager contact information within each rental.

6. Inspection Required. Prior to issuance of a short-term rental permit, the unit will be subject to an inspection to determine that the rental unit is safe for human occupancy and in compliance with the Valdez building code. Each rental unit shall have a working smoke detector, carbon monoxide monitor, and fire extinguisher. Approved units may be subject to inspection during subsequent renewals.

7. Transferability. Short-term rental permits are for specific properties and are not transferable to any other properties. Short-term rental permits are transferable to a new owner, if the property on which the short-term rental is located changes ownership. (Ord. 24-01 § 1)

Article III. Nonresidential Uses

17.80.100 Adult entertainment uses.

A. Applicability. The standards herein apply to adult entertainment uses allowed pursuant to Table 17.16.040-1.

B. An adult entertainment use shall not be allowed within one thousand feet of another existing adult entertainment use.

C. An adult entertainment use shall not be located within five hundred feet of any property with an existing residential dwelling and any property within the RR, R1, R2, or NMU zoning districts, or property in a PUD that includes or is projected to include residential uses.

D. An adult entertainment use shall not be located within five hundred feet from the building to an existing school, religious institution, group day care facility or nursery school.

E. All distance requirements shall be measured along a straight line from the nearest property lines of each use.

F. No adult entertainment establishment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment which is prohibited by any ordinance of the city of Valdez, the laws of the state of Alaska or the United States of America. Nothing in this section shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally or the exhibition, sale or distribution of obscene material to minors.

G. No adult entertainment use shall be conducted in any manner that is visible to minors outside the property.

H. All adult uses shall prominently display a sign located within two feet of the door-opening device at the entrance of the adult entertainment use establishment or section of the establishment devoted to adult books or materials which states: “This business sells or displays material containing adult themes. Persons under eighteen years of age shall not enter.” Said sign shall have letters at least one inch and no more than two inches high.

I. No person under the age of eighteen shall be permitted access to material displayed or offered for sale or rent by an adult entertainment establishment. (Ord. 24-01 § 1)

17.80.110 Animal husbandry, boarding, kennels, animal shelters.

A. Animal husbandry, boarding, kennels, and animal shelter uses must comply with Title 6.

B. Animal husbandry uses are restricted to zoning districts where agricultural uses are permitted, except for the keeping of poultry and fowl pursuant to Title 6.

C. Raising of Livestock. The raising of livestock, when allowed as a permitted use, shall comply with the following:

1. On lots one acre and larger: the number of large livestock does not exceed two and the number of small livestock does not exceed three;

2. On lots smaller than one acre, either the number of small livestock does not exceed three or the number of large livestock does not exceed two;

3. An approved surface water drainage plan is submitted;

4. An approved manure disposal plan is submitted;

5. The manure storage pile and corral are located at least one hundred feet from any private well;

6. The manure storage pile shall not be closer than twenty-five feet from any property line;

7. The corral will be set back a minimum of five feet from the property line. (Ord. 24-01 § 1)

17.80.120 Aviation-related uses.

A. Applicability. The standards herein apply to aviation-related uses within the A Airport district pursuant to Section 17.16.040. These uses are aviation-related or of a character that does not conflict with the safe operation of the airport.

1. Aircraft maintenance and repair operations;

2. Aircraft parking;

3. Aircraft rental agencies, lots and hangars;

4. Aircraft sales;

5. Airport;

6. Aviation facility;

7. Aviation electronics and radio sales and repair;

8. Aviation products and petroleum sales.

B. Prohibited Uses. The following uses are prohibited on or adjacent to airport property:

1. Any use or structure that obstructs the airport’s navigable airspace, navigational aids or facilities as set forth in Part 77 of the Federal Aviation Regulations, as amended.

2. Any installation of an object which would create electrical interference with radio communication between the airport and aircraft, or make it difficult for pilots to distinguish between airport lights and other lights, result in a glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft. (Ord. 24-01 § 1)

17.80.130 Helipads.

A. Helipads must demonstrate conformance with current FAA requirements for heliport and helipad design including touchdown and lift areas, final approach and takeoff areas, safety areas, and design for the weight and size of the helicopter.

B. The helipad must not create noise or winds that negatively impact pedestrians.

C. Parcels with helipads shall not exceed permitted noise limits in Title 8.

D. Helicopter landing hours may be restricted as a condition of a conditional use permit depending on the location of the helipad in relation to other uses.

E. The number of landings may be restricted as a condition of a conditional use permit depending on the location of the helipad in relation to other uses.

F. Additional public notice is required to be provided to properties within five hundred feet of the proposed helipad and requested flight paths. (Ord. 24-01 § 1)

17.80.140 Recreational vehicle parks or campgrounds.

A. Purpose. The purpose of this section is to establish the site development and operations standards for campgrounds and recreational vehicle (RV) parks. These uses are intended to serve as a temporary housing or lodging for visitors.

B. Applicability. The standards herein apply to the establishment of new or expansions of existing campgrounds and RV parks.

C. Specific Use Standards.

1. Camping and RV Sites. Specific sites shall be designated for camping and RV parking pursuant to this subsection.

2. RV Site Width. The minimum width per RV site shall be ten feet plus the width of the RV.

3. Structures. One cabin is allowed on each camping site. Said structures shall be limited to five hundred square feet of habitable area.

4. Restrooms and Sanitation. Each campground and/or RV park shall provide restroom facilities for the occupants. Said facilities shall remain accessible to occupants twenty-four hours a day.

5. Occupancy Limitations. Occupancy is limited to one hundred eighty consecutive days.

6. Retail Allowances. Each campground or RV park may contain small retail stores and mobile vendors, intended to serve occupants of the campground or RV park and that are accessory and incidental to RV park operations. (Ord. 24-01 § 1)

17.80.150 Child care facilities.

A. Applicability. The standards herein apply to the establishment of new child care facilities.

B. Specific Use Standards.

1. Child care facilities must meet all current state of Alaska day care facilities license requirements.

C. Child care facility conditional use permits may be conditionally approved prior to the applicant obtaining a state license. The child care center conditional use permit will be issued upon receipt of a state of Alaska child care center license and will be valid as long as the state of Alaska child care license remains valid. (Ord. 24-01 § 1)

17.80.160 Vehicle service stations.

A. Applicability. The following standards apply to the establishment of fuel and gas stations and vehicle service stations pursuant to Table 17.16.040-1.

B. Oils and Grease. All new and used petroleum products and other products, liquids or chemicals used in the operation must be stored indoors, except the bulk storage of fuel.

C. Inoperable Vehicles. No inoperable vehicle shall be kept on the site longer than forty-five days.

D. Vehicle Sales. The site shall not be used to sell vehicles unless permitted in that district or a conditional use permit authorizing such use/sales has been granted.

E. Fencing. Fencing shall be required along with additional landscaping to screen the view of the use from existing residential uses.

F. Noise. Noise resulting from vehicle repair must comply with Title 8. (Ord. 24-01 § 1)

17.80.170 Material resource extraction.

A. Applicability. The following standards apply to material resource extraction operations pursuant to Table 17.16.040-1.

B. Specific Use Standards.

1. Material resource extraction requires a conditional use permit. In addition to meeting the general standards for conditional uses, an applicant for a conditional use permit for material resource extraction shall submit the following:

a. Site plan including:

i. Drainage;

ii. Existing and proposed contours;

iii. Work depths;

iv. Overburden and debris disposition;

v. Erosion and sediment control plan;

vi. Revegetation or restoration plan;

vii. Water table information;

viii. Water quality information for work in waterways;

ix. Floodplain alteration information for all work in the special flood hazard area;

b. Final site restoration and revegetation plan;

c. Security plan to prevent trespass;

d. Description of natural resource extraction and processing operations, including:

i. Ingress and egress points;

ii. Hours of operation;

iii. Estimate of quantities to be extracted and timetable;

e. Other materials city staff may require.

2. Setbacks.

a. The minimum front setback for material resource extraction operations shall be fifty feet.

b. The minimum side setback for material resource extraction operations shall be twenty-five feet.

c. The minimum rear setback for material resource extraction operations shall be twenty-five feet.

3. The planning and zoning commission may approve a material resource extraction use only if the commission finds that the use meets the standards for conditional uses and the following:

a. The extraction operations will not pose a hazard to the public health and safety;

b. The extraction operations will not generate noise, dust, surface water runoff or traffic that will unduly affect the surrounding land use;

c. The permittee assures that after extraction operations cease, the site will be left in a safe, stable and aesthetically acceptable condition.

4. The planning and zoning commission shall attach such conditions to the approval as it finds necessary to conform the use to the standards set forth herein. (Ord. 24-01 § 1)

17.80.180 Mining operations.

Mining operations, as defined in 15 AAC 65.990, must be conducted in accord with state and federal law. (Ord. 24-01 § 1)

17.80.190 Wireless communication towers and antennas.

A. A conditional use permit is required for the construction of communication towers exceeding thirty-five feet in height within all zoning districts of the city. The planning and zoning commission may grant a conditional use permit for the substantial modification or construction of a telecommunication tower in any zoning district subject to the conditions in this section.

B. Purpose. The purpose of this section is to provide standards and procedures for wireless communications towers, antennas and associated equipment as allowed pursuant to Table 17.16.040-1.

C. Permits. Wireless communication towers that exceed the maximum height of the zoning district must comply with the standards in this section and obtain a conditional use permit pursuant to Table 17.16.040-1.

1. The application for a conditional use permit for a telecommunication tower shall include the following information:

a. A written narrative explaining why the proposed site has been chosen, why the telecommunication tower is necessary, why the requested height was chosen, and a full explanation regarding the telecommunication tower’s ability to accommodate other providers;

b. Specifications for the telecommunication tower and all antennas to be located on it, including a description of design characteristics and materials;

c. A site plan drawn to scale showing property boundaries, telecommunication tower location, telecommunication tower height, guy wires and anchors, existing structures and land uses on the site and on adjacent property, access roads and easements to be used for the site;

d. A map showing the locations of the applicant’s existing telecommunication towers that serve customers in the city and of all telecommunication towers that the applicant proposes to construct to serve customers in the city;

e. A report prepared by a person registered as a structural engineer in Alaska showing the capacity by type and number of the telecommunication tower and antennas, and that the telecommunication tower and antennas are designed to withstand winds in accordance with the latest revision of ASI/EIA/TIA/222 standards (“Structural standards for steel communications antenna towers and communications antenna supporting structures”);

f. Identification of the person or persons who own the telecommunication tower and the equipment that is to be located on it;

g. Written authorization for the application from the owner of the site;

h. Evidence that the applicant has a valid FCC license for the use of the telecommunication tower;

i. A line-of-sight analysis showing the potential visual and aesthetic impacts of the telecommunication tower on adjacent residential districts through the use of photo simulations of the telecommunication tower, including all antennas, structures, and equipment, using the vantage points and number of photo simulations requested by the community development department;

j. A written agreement, on a form approved by the city attorney, to remove the telecommunication tower and restore the site to its original condition within one hundred eighty days after the telecommunication tower is substantially unused for a period of twelve consecutive months; and providing that if the telecommunication tower is not removed within this one-hundred-eighty-day period, the city may remove the telecommunication tower at the cost of the owner;

k. A cell phone coverage map showing the applicant’s proposed cell phone coverage within the city;

l. A certificate from an engineer licensed in Alaska that the telecommunication tower, and all antennas and other equipment located on it, are built and installed to approved specifications and will contain only equipment meeting Federal Communications Commission requirements; and

m. Any additional information required by the community development department during the application process.

2. The planning and zoning commission may approve an application under this section, with or without conditions, if the application meets the following criteria:

a. Location and Visual Impact. The proposed location of the telecommunication tower will minimize the visual impact on the surrounding area while allowing the telecommunication tower to function in accordance with minimum standards imposed by the applicable telecommunications regulations and the applicant’s technical design requirements. Telecommunication towers and attached antennas and equipment must be painted or coated in a color that blends with the surrounding environment. Muted colors, earth tones, and subdued hues, such as gray, shall be used. All associated structures such as equipment buildings, including the roofs, shall be painted with earth tone colors unless otherwise required under this code or other applicable law. Where necessary to make a telecommunication tower compatible with the historical, environmental or cultural character of its location, the planning and zoning commission may require that the telecommunication tower be disguised, hidden or screened, or integrated as an architectural feature of a structure, to reduce its visual impact.

b. Inability to Collocate. It is not feasible to locate the applicant’s telecommunication antenna and other equipment on any existing structure or tower under the control of the applicant.

c. Location in a Residential Zoning District. An applicant seeking to locate a telecommunication tower in a residential zoning district must show that the area cannot be adequately served by a telecommunication tower located in a nonresidential zoning district for valid technical reasons.

d. Design for Future Use. A new telecommunication tower shall be designed to allow collocation of telecommunication antennas equal in number to the applicant’s present and reasonably foreseeable future requirements.

e. Safety Code Met. The telecommunication tower meets all applicable laws and code requirements, including without limitation health, nuisance, noise, fire, building and safety code requirements.

f. Distance From Existing Telecommunication Towers. A telecommunication tower shall not be approved if it is located within one-half mile (two thousand six hundred forty feet) of an existing telecommunication tower, unless the applicant certifies that the existing telecommunication tower does not meet the applicant’s structural specifications and technical design requirements, or that a collocation agreement could not be obtained.

g. Zoning Requirements. With the exception of requirements for setback and height, which are established in this section, the telecommunication tower must comply with all applicable zoning laws and regulations.

h. Signs. No signs may be located on a telecommunication tower except for identification signage.

i. Lighting. No lighting may be located on a telecommunication tower except as reasonably required for safety purposes or as required by the Federal Communications Commission, Federal Aviation Administration or other government agency with jurisdiction.

j. Fencing. A fence with a minimum height of eight feet must be placed on the perimeter of the site of a telecommunication tower site to limit access by the public.

3. No decision regulating the placement, construction or modification of a telecommunication tower may be made on the basis of environmental or health effects of radio frequency emission if the antennas and other equipment on the telecommunication tower comply with Federal Communications Commission regulations. (Ord. 24-01 § 1)

17.80.200 Outdoor commercial recreation.

A. Applicability. The following standards apply to outdoor, privately owned and operated recreational businesses located within the public lands district.

B. Standards. Commercial recreational uses may be allowed on public lands; provided, that the use does not negatively impact public access to or availability of public recreational trails and facilities. The operator of said use must obtain permission from the entity that owns the public land. (Ord. 24-01 § 1)

Article IV. Accessory Structures and Uses

17.80.210 Applicability.

The provisions of this article shall apply to all accessory structures and uses established, added, modified or expanded on a lot, other than accessory dwelling units. (Ord. 24-01 § 1)

17.80.220 Standards.

All accessory structures and uses shall comply with the following standards:

A. Accessory Building Without a Primary Structure. No accessory building or structure shall be constructed on any lot prior to the time of construction of the primary building to which it is accessory. The city may allow, at the discretion of the community development director, an accessory structure prior to the construction of a primary structure if a building permit for the primary structure has been obtained and remains in good standing.

B. Size. The footprint of an accessory structure may exceed that of the primary structure.

1. Garages or workshops, attached or detached, are permitted to be larger than the primary residential structure on a lot.

2. Garages or workshops may have a dwelling unit, such as an apartment or residential loft, attached. In such cases, where the garage or workshop is located on a lot zoned RR, R1, R2, the dwelling unit is considered the primary use of the property.

C. Separation. Detached accessory structures are subject to the Valdez building code regarding fire separation.

D. Location.

1. Accessory structures must meet the minimum front setback requirement for the zoning district in which they are located.

2. Accessory structures, such as a workshop or storage shed, two hundred square feet or less, and not on a permanent foundation, may encroach into the rear and side yard setbacks only; provided, the structure is a minimum of five feet from both the rear and side lot lines.

3. On corner lots, the minimum front setback requirement in subsection (D)(1) of this section shall be met along each street frontage.

4. Height. No detached accessory structure shall exceed the height of the primary structure with which it is associated.

5. Attached Accessory Structures. When an accessory structure is attached to a primary structure, it shall conform to all regulations of this title applicable to primary structures.

E. Intermodal Shipping Containers (Connex Units). The use of a connex unit as an accessory structure is allowed in all zoning districts subject to the following:

1. Except in the industrial and commercial districts, connex units shall be screened on sides facing abutting public streets by structures, landscaping, and/or fences at least as high as the unit.

2. Connex units must conform with all applicable standards of the Valdez building codes.

3. In commercial districts, connex units shall be located to the rear of all primary structures or alternately, meet the screening requirements of Section 17.88.040.

4. In the RR, R1, R2, and NMU districts, connex units existing as of February 6, 2024, on any size lot may continue as long as the screening requirements of Section 17.88.040 are met by September 30, 2025.

5. Self-storage establishments in compliance with this title are exempt from this section.

6. Loading or unloading a connex unit or the use of a connex during a permitted construction project is exempt from this section, as long as the connex unit is removed promptly at the finish of the loading/unloading or construction activity.

7. In the RR, R1, R2, and NMU districts, connex units existing on February 6, 2024, that are located between the front plane of the primary structure and the front property line shall be removed or relocated by September 30, 2025.

8. The provisions of this section do not apply to connex units incorporated into approved structures. (Ord. 24-01 § 1)