(a) Compliance of structures or premises required. No structure or premises shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this title. Failure to obtain a required permit or a violation of any condition of a permit required by this title is unlawful and a minor offense punishable by a fine as provided in § 1.10.085 of this code, or if no fine is there established, a fine not to exceed $500.
(b) Annexations. Regulations applicable to an area prior to annexation to the city shall continue to apply and shall be enforced by the city until a zone change for the area has been adopted by the City Council. The city may, in an ordinance annexing property to the city or ratifying annexation action of the Local Boundary Commission, direct the Planning Commission to conduct such proceedings as may be necessary to conform the zoning and land use of the property to the requirements of the city's zoning code and Comprehensive Plan.
(c) Authorization of similar uses. The Planning Commission may rule that a use, not specifically named in the allowed uses of a zone, shall be included among the allowed uses if the use is of the same general type and is similar to the allowed uses. However, this section does not authorize the inclusion of a use specifically listed in another zone.
(d) Accessory uses. Accessory uses shall comply with all requirements for the principal use except where specifically modified by this title and shall comply with the following limitations:
(1) Fences and hedges, uncovered patios, and similar landscaping features may be located within yards but shall not conflict with vision clearance requirements;
(2) A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales;
(3) Freestanding building for garage, tool storage or marine equipment repair for private use;
(4) A dock for private use for launching or mooring vessels with all required state or federal permits.
(5) No separate permit shall be issued for the construction of any type of accessory building prior to that of the main dwelling.
(6) In residential zones, detached accessory buildings shall not exceed one story in height, shall not occupy more than 50% of the area of a buildable rear yard and shall not be closer than ten feet to each other or to the main building. Accessory buildings shall comply with the appropriate zoning setbacks for front and side yards, as required for the main building and shall maintain a five foot setback from the rear lot line, except that a detached accessory building can be built to the side or rear lot building provided a written mutual agreement of the abutting property owners on the property lines affected be filed with City Clerk.
(7) Metal shipping containers. In all residential and in all commercial zones, the use of metal shipping containers for storage, garage, or other uses shall be limited in the following ways:
a. all metal shipping containers must be made to conform with the architectural style of the zone within three years from the enactment of Ordinance 89-3 if they are already in use;
b. all metal shipping containers being placed in residential and commercial zones after the enactment of Ordinance 89-3 must obtain a temporary use permit. A temporary use permit can be renewed for a second six month period. At the end of the temporary use permit period, the storage container must be made to conform with the architectural style of the residential or commercial area. For example, if the houses predominately have exterior siding of T-111 plywood, the shipping container must be completed using the same or comparable material for all four sides.
c. Failure to comply with this section will result in a fine of $3 per day per violation, to comply by May 1, 1992, failure to comply within 30 days will result in legal action.
(e) Building projections. Cornices, eaves, canopies, decks, sunshades, gutters, chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than two feet into a required yard or into required open space as established by coverage standards.
(f) Reduction of minimum requirements. No lot area, yard or other open space or required off-street parking or loading area existing on or after July 1, 1981, shall be reduced in area, dimension or size below the minimum required by this title, nor shall any lot area, yard or other open space or off-street parking or loading area which is required by this title for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for any other use except as provided in §§ 13.06.200(a) and 13.06.170.
(g) Public nuisances prohibited. No building, structure, or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, smoke, cinders, fumes, noise, glare, heat or vibration or any hazard to the general health, safety and welfare as defined by city ordinances, state statutes or by the decisions of any court of competent jurisdiction.
(h) Enclosure or screening required.
(1) Except as otherwise permitted under the conditional use provisions of this title, all business, service, repair, processing, storage, or merchandise display shall be conducted wholly within an enclosed building;
(2) When permitted under the conditional use provisions of this title, all business, service, repair, processing, storage or merchandise display not conducted within an enclosed building may be required to be screened from the view of all adjacent properties by a fence obscuring the sight of normal adjacent pedestrian and vehicular traffic and/or by landscaping of such a height and density as may be prescribed by the Planning Commission.
(i) Lot size exceptions. If on July 1, 1981, a lot, or the aggregate of contiguous lots held in a single ownership, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by a use permitted outright in the zone subject to the other requirements of the zone and providing, if there is an area deficiency, residential use shall be limited to a single family residence.
(j) Yard requirement exceptions.
(1) Vision clearance areas. In all zones, vision clearance areas shall be maintained at all intersections of public streets. The vision clearance area shall be not less than 20 feet on a side as is interpreted in § 13.06.240 (a)(53) of this title. On all designated major streets (in division (2) of this section) the vision clearance area shall not be less than 25 feet on a side. Except for occasional tree trunks and poles, these areas shall be maintained without sight obstruction of any kind for a vertical distance of between three and eight feet aboveground.
(2) To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width, to protect the streets,. and to have,the location of structures compatible with the need for the eventual widening of streets, a yard shall be provided abutting streets and portions of streets hereinafter named which shall be the number of feet set forth below in the right- hand column, measured at right angles to the centerline of the street and, unless otherwise described, measured from the fee title or dedicated right-of-way of the public way:
Centerline Setback
Major Roads Required (in Feet)
Sand Point Road 30
State Highway Road (to airport) 30
Boat Harbor Service Road 30
Centerline Setback
Collector Roads Required (in feet)
Pavlof Avenue 25
Simeonof Street 25
Red Cove Road 25
Minor Roads
All other existing roads within the city 20
(k) Increased or altered street uses.
(1) When the City Council, the Planning Commission, or the design review board has before it any application for a Band use decision, the decision making body shall, before granting any chance or permit, consider whether the application asks for a change or permit for the alteration or development of property in such a way as to create any likelihood of increased or altered use of any street adjacent to the property. For the purposes of this section, it shall be presumed that any new development of land upon which no structure had previously been built, any alteration of an existing structure adding 25% or more to the floor space of the structure and any change in the commercial use of land to a use the decision making body finds to generate more traffic presents such a likelihood.
(2) Upon making the finding of a likelihood of increased or altered street use, the decision making body shall consider whether the dedicated street width at the location is adequate at the time to accommodate both the existing traffic and such traffic as the street may be expected to be required to carry in the foreseeable future, and in making the determination the decision making body shall consider the planned street width as set forth in the Comprehensive Plan, and this code, and shall not regard as satisfactory any width less that planned width, except upon a showing of extraordinary circumstances making it clear that the planned street width is inappropriate.
(3) The decision making body shall then require that the owner of the land which is subject which is subject of the pending application do whichever of the following seems to the decision making body to best meet the need of the community.
a. dedicate as much land as to required to make up the necessary road width; or
b. improve the amount of road to standard, as the decision making body may deem necessary; or
c. improve to standard one-half the width of the road for as great a distance as the decision making body may deem necessary.
(4) Except in cases in which immediate whole-street improvement is required, the decision making body shall also require that the applicant enter into an agreement with the city by which the applicant shall agree that he will not remonstrate against a local improvement district street improvement project upon the affected street, and the city shall agree that the applicant shall be given credit against his portion of the costs of the street improvement project for the land dedicated and for the cost of improving any portion of the street actually improved to standard by the applicant.
(5) Permits for the construction of single-family dwellings shall be issued only after the city has examined the application for building permit to determine whether the proposed dwelling is to be built upon a street improved to the city standards. The permit shall be given the endorsement of the city, indicating that the street upon which the dwelling is to be built has been so improved. In the event the street upon which the dwelling is to be built has not been improved to city standards, then the endorsement of the city shall be given only upon the applicant's dedicating the land necessary to make up the planned width of the street as set forth in division (2) of this section and signing the agreement not to remonstrate, as described in division (3) of this section, or if the applicant chooses and the city's staff acquiesces, upon the applicant's making the appropriate whole-street or half-street improvement.
(l) Building height limit exceptions.
(1) The following types of structures or structural parts are not subject to the building height limitations of this title: chimneys, tanks, church spires, domes, monuments, fire and hose towers, observation towers, masts, aerials, cooling towers, transmission towers, smokestacks, flagpoles, radio and television towers, and other similar projections.
(2) Building heights in any zone may be increased as a conditional use to a maximum permitted height of 75 feet provided that the total floor area of the buildings does not exceed the area requirement of the zone (if any) and provided that in residential zones all yards shall have a minimum depth of not less than three quarters the height of the principal structure.
(m) Underground Placement of Utility Distribution Lines.
(1) Except as provided in division (1) and (2) of this section, all newly installed or relocated utility distribution lines shall be placed underground.
(2) A new utility distribution line may be placed overhead when necessary immediately to restore service interrupted by accident or damage by flood, fire, earthquake, or weather; provided that the utility distribution line shall be placed underground within 12 months thereafter.
(3) A utility distribution line or service connection may be placed on the surface of frozen ground, provided that it is placed underground within 12 months thereafter.
(n) Variances.
(1) The City Council may grant a variance from § 13.05.020(m) when the council finds any of the following:
a. Placing a utility distribution line underground would cause an excessive adverse environmental impact;
b. Placing a utility distribution line underground would threaten public health and safety, because the placement cannot be shown to comply with acceptable technical standards for safety; or
c. Placing a utility distribution line underground in an environmentally sound and safe manner would cost more than three times the cost of placing the line overhead, where the applicant demonstrates the relative cost to the satisfaction of the Council. Notwithstanding the cost of placing a utility distribution line underground, the City Council may deny a variance request of public policy considerations outweigh the cost of placing the line underground.
d. The City Council may grant a variance when the Council finds that the utility distribution line is being placed overhead temporarily for one of the following reasons:
1. To provide service when weather conditions do not allow excavation for underground placement;
2. A permanent location for underground placement is not available because of construction in progress; or
3. To provide service to a temporary use or structure.
A variance issued under this division shall expire within two years of its issuance.
(o) Definitions.
(1) UTILITY DISTRIBUTION LINE. All or any part of a conductor and supports owned or operated by utility and used:
a. To transmit no more than 69 kilovolts or energy; or
b. To transmit messages, impressions, pictures, or signals by means of electricity or electromagnetic waves;
A utility distribution line does not include auxiliary equipment such as above-ground transformers, switching devices, pad-mounted distribution facilities and CATV power supplies.
(2) UTILITY. For purposes of this chapter, means a public utility as defined in A.S. 42.05.720(4)(A) furnishing electric service or telecommunications service as defined in A.S. 42.05.720(4)(B).
(Ord. 81-12, passed 6-3-81; Am. Ord. 89-3, passed 1-5-89; Am. Ord. 89-4, passed 2-21-89; Am. Ord. 92-2, passed 3-9-92; Am. Ord. 2017-03, passed 6-5-17)