(A) For the purpose of Title 8 UCO, certain terms, words, or phrases used herein shall be interpreted as follows:
(1) “ACCESSORY BUILDING” or “ACCESSORY USE” means a use, or structure, which is customarily incidental and subordinate to the principal use of the land, building, or structures and is located on the same lot or parcel of land. If an accessory building is attached to the main building by a common wall or roof, such building shall be considered a part of the main building and no longer an accessory building.
(2) “ACOUSTIC NOISE” means an audible disturbance in the audio frequency range.
(3) “ADMINISTRATIVE DECISION” means any decision, order, requirement, permit, or determination made by an administrative official in the administration or enforcement of Title 8 UCO. Administrative decisions are subject to the appeal process as outlined in § 8.08.130, Platting and Subdivision and § 8.12.220(B), Zoning.
(4) “ADULT ARCADE” means any place to which any member of the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically-controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displaced are distinguished or characterized by an emphasis upon the depicting or describing of “Specified Sexual Activities” or “Specified Anatomical Areas.”
(5) “ADULT BOOKSTORE,” “ADULT NOVELTY STORE,” or “ADULT VIDEO STORE.”
(a) “ADULT BOOKSTORE,” “ADULT NOVELTY STORE,” or “ADULT VIDEO STORE” means a commercial establishment or club to which any member of the public is invited or admitted and which, as one of its primary uses, offers for sale or rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of “Specified Sexual Activities” or “Specified Anatomical Areas”; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with “Specified Sexual Activities.”
(b) A commercial establishment may have other business uses that do not involve the offering for sale or rental of material depicting or describing “Specified Sexual Activities” or “Specified Anatomical Areas” and still be categorized as “ADULT BOOKSTORE,” “ADULT NOVELTY STORE,” or “ADULT VIDEO STORE.” Such other business uses will not serve to exempt such commercial establishments from being categorized as an “ADULT BOOKSTORE,” “ADULT NOVELTY STORE,” or “ADULT VIDEO STORE,” so long as a primary business use is the offering for sale or rental for consideration the specified materials which are distinguished or characterized by an emphasis upon the depiction or description of “Specified Sexual Activities” or “Specified Anatomical Areas.” For purposes of this definition any use to which at least 20% of the usable floor space of a commercial establishment is devoted shall constitute a primary use.
(6) “ADULT CABARET” means a nightclub, bar, club, restaurant, or similar commercial establishment to which any member of the public is invited or admitted and which regularly features:
(a) Persons who appear in a State of Nudity or Semi-Nude; or
(b) Live performances which are distinguished or characterized by an emphasis upon the exposure of “Specified Anatomical Areas” or by “Specified Sexual Activities”; or
(c) Films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of “Specified Sexual Activities” or “Specified Anatomical Areas.”
(7) “ADULT MOTEL” means a hotel, motel or similar commercial establishment or club to which any member of the public is invited or admitted and which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction of description of “Specified Sexual Activities” or “Specified Anatomical Areas”; and has any of the following characteristics:
(a) A sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
(8) “ADULT MOTION PICTURE THEATER” means a commercial establishment or club to which any member of the public is invited or admitted and where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis upon the depiction or description of “Specified Sexual Activities” or “Specified Anatomical Areas.”
(9) “ADULT-ORIENTED BUSINESS” or “ADULT USE” means an Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Cabaret, Adult Motel, Adult Motion Picture Theater, Adult Theater, Escort Agency, Nude Model Studio, or Sexual Encounter Center occurring in a public place as defined in § 13.14.010(D) of this Code of Ordinances.
(10) “ADULT THEATER” means a theater, concert hall, auditorium, or similar commercial establishment or club to which any member of the public is invited or admitted and which regularly features persons who appear in a State of Nudity or Semi-Nude, or live performances which are distinguished or characterized by an emphasis upon the exposure of “Specified Anatomical Areas” or by “Specified Sexual Activities.”
(11) “AFFECTED PARTY” or “AGGRIEVED PARTY” means for purposes of Chapter 8.08, an applicant representing the landowner for a platting action before the city, or a landowner within the area proposed to be platted, altered, or replatted in an application before the city. For purposes of Chapter 8.12, “aggrieved” or “affected party” means an applicant representing the landowner for a variance, conditional use permit, or zone amendment before the city, or any landowner within 300 feet of the property to be affected by an action before the city. See “Landowner.”
(12) “ACRE” means 43,560 square feet.
(13) “AGRICULTURE” means the tilling of soil, raising of crops, horticulture, livestock farming, dairying, and/or animal husbandry, including all uses customarily incidental thereto.
(14) “AIRPORT” means any landing area, runway, or other facility designated, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage, and tie-down areas, hangars, and other necessary buildings and open space.
(15) “ALTERATION” means:
(a) Any change of supporting members of a building, such as bearing walls, columns, beams, girders, floor or ceiling joists, roof rafters, foundation piles, retaining walls, or similar components;
(b) An enlargement or addition by extending the sides or increasing the height or depth of a building or structure;
(c) The moving of a building or structure from one location or position to another; or
(d) Change of use.
(16) “AMBIENT NOISE” means the level of acoustic noise at a given location measured in decibels above a reference pressure level using a sound level meter.
(17) “AMENDMENT” means a change in the wording, context, or substance of this title or zone boundaries upon the City of Unalaska Official Zoning, Streets, and Highway Map.
(18) “APARTMENT” means a dwelling unit in a multiple-family dwelling building, occupied or suitable for occupancy as a residence for one family on a permanent basis.
(19) “AUDIO FREQUENCY” means the band of frequencies (approximately 20 Hz to 20kHz) that, when transmitted as acoustic waves, can be heard by the normal human ear.
(20) “BARNYARD” means a fenced area adjoining a barn used primarily for the keeping of animals.
(21) “BED AND BREAKFAST” also known as a “LODGING HOUSE” or “BOARDING HOUSE” means a single-family dwelling which is host/owner or operator-of-the-enterprise occupied and offers overnight accommodations of no more than three guest bedrooms or a maximum of six guests, for which compensation is paid on a daily or weekly basis for no more than thirty consecutive days.
(22) “BLOCK” means a parcel of land that is entirely bounded by right-of-ways (excepting alleys), physical barriers, exterior boundaries of a subdivision, or a combination thereof, and having an assigned number, letter, or other name by which it may be identified.
(23) “BOARD” means the Platting Board of the City of Unalaska.
(24) “BOARDING HOUSE.” See “BED AND BREAKFAST.
(25) “BUFFER ZONE” means an area or parcel of land which insures protection of the natural ground contour and cover bordering rivers, lakes, ponds, and streams from forces outside of nature. No clearing, cutting, excavation, cultivation, construction, or other disturbances of this zone are allowed. A buffer zone may meet all or portions of a set-back requirement.
(26) “BUILDING” means any structure having a single or common roof supported by columns or walls. An “existing building” is any building erected in conformance with a legal permit issued therefore.
(27) “BUILDING AREA” means a total area taken on a horizontal plane at the greatest extent of the outside dimensions of all principal and accessory buildings. This includes roofed areas, eaves, overhangs, porches, decks, and other similar projections.
(28) “BUILDING HEIGHT” means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines for mansard roofs, to the mean heights between eaves, and the ridge for gable, hip, and gambrel roofs.
(29) “BUILDING LINE” means a line established at the minimum distance a building may be located from any property line as determined by the standards of this ordinance.
(30) “BUILDING PERMIT” means the documented evidence of authority granted by the city to erect, construct, alter, enlarge, repair, move, improve, remove, convert, or demolish a building or structure, or to change its use as set forth in the Uniform Building Code (UBC) or One and Two Family Dwelling Code (See Title 17 UCO).
(31) “BUNKHOUSE” means a dwelling unit consisting of individual rooms for one or more individuals working for a single employer. The rooms shall not be for rent or lease to persons other than employees of the employer; guests may utilize the facilities of the bunkhouse only on a limited basis.
(32) “CEMETERY” means any land used or intended to be used for the burial of the dead and may include crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
(33) “CHILD” means, for the purposes of day-care centers, a person of not more than 12 years of age.
(34) “CHURCH” means a building or structure which by design and construction is primarily intended for the conducting of organized religious services and accessory uses associated therewith.
(35) “CITY” means the City of Unalaska.
(36) “CITY COUNCIL” means the City Council of the City of Unalaska.
(37) “CITY ENGINEER” means a registered professional engineer currently authorized to practice engineering in the State of Alaska and who is retained by the city on a temporary or permanent basis.
(38) “CLINIC” means a medical office for the examination or treatment of outpatients.
(39) “COMMERCIAL” means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.
(40) “COMMERCIAL WIND ENERGY SYSTEM” means a wind energy conversion systems consisting of a wind turbine, a tower, and associated control and conversion electronics with a rated capacity of more than five kilowatts or exceeding 40 feet in height.
(41) “COMMISSION” means the Planning Commission of the City of Unalaska.
(42) “COMMUNITY WATER AND SEWER SYSTEM” means the water and sewer systems of the city. Such systems shall meet all applicable city and state standards.
(43) “COMPREHENSIVE PLAN” means a document mandated by AS 29 which is designed to portray general, long-range proposals for the arrangement of land uses in the City of Unalaska, and which has been adopted by the city as a guide to setting policy for achieving orderly and coordinated community development.
(44) “CONDITIONAL USE” means a land use that will only be permitted in a zoning district after the Planning Commission has reviewed and approved said use. In permitting the specified use, the Planning Commission may require additional controls and safeguards be applied to the use to ensure its compatibility with surrounding land use and the protection of the public interest. Application for a “conditional use permit” shall be by form and in the manner required by the Department of Planning. See § 8.12.200 “Conditional Use Application.”
(45) “CONDOMINIUM” means ownership in common with others of a parcel of land and certain parts of a building, together with individual ownership in fee of a particular portion in such building. Each individual owns fee title to his/her portion.
(46) “CONFLICT OF INTEREST” means a substantial financial interest a member has in an official action.
(47) “CONTAINER VAN” also referred to as a connex, means a metal receptacle on or off a movable chassis used for the transshipment or storage of goods.
(48) “CREW CAMP” means those temporary structures used to house and feed a variety of workers or for storage of materials or office space in connection with (a) the construction, alteration or demolition of a structure or vessel, (b) the exploration or support of any mine or oilfield operation, or (c) any other work that requires a temporary work force to reside in the city.
(49) “CORNER LOT.” See “LOT.”
(50) “CORRAL” means a pen or enclosure other than a building used for the confinement of animals for purposes other than feeding.
(51) “DAY-CARE” means a child care facility including a child care center, child care group home, and child care home, as defined by the state, where child care is regularly provided for children under the age of 12 for periods of time that are less than 24 hours in duration unless nighttime care is authorized. In addition to local requirements, such a facility will be licensed by the state and governed by AS 47.35.900 and 7 ACC 50.990 or any subsequent amendments thereto.
(52) “DECIBEL (dB)” means a unit measure of sound level.
(53) “DEDICATION” means the intentional appropriation of land by the owner to public use.
(54) “DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON” means the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of Specified Sexual Activities or Specified Anatomical Areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.
(55) “DUPLEX.” See “DWELLING, TWO-FAMILY.”
(56) “DWELLING” means a building or portion thereof designated exclusively for residential purposes, including one-family, two-family and multiple-family dwelling units. It does not include a hotel, motel, or boarding house.
(a) “GROUP DWELLING” means one or more buildings containing dwelling units.
(b) “MULTIPLE-FAMILY DWELLING” means a building used or designed as a residence for three or more families living independently of each other.
(c) “SINGLE-FAMILY DWELLING” means a detached building designed exclusively for occupancy by one family.
(d) “TWO-FAMILY” (also known as a duplex) means a detached building designed as two structurally-joined dwelling units and occupied exclusively by one family per dwelling unit living independently of each other.
(57) “DWELLING UNIT” means one or more rooms designed for or occupied by one family for living or sleeping purposes and for use solely by one family.
(58) “EASEMENT” means an interest in land owned by another which entitles the easement holder to a specific limited use (e.g., utilities).
(59) “EMPLOYEE” means a person who performs any service on the premises of an Adult-Oriented Business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. “EMPLOYEE” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for delivery of goods to the premises.
(60) “ENGINEER.” See “PROFESSIONAL ENGINEER.”
(61) “ESCORT” means a person who, for consideration, agrees or offers to act as companion, or date for another person, and/or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(62) “ESCORT AGENCY” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(63) “ESTABLISHMENT OF AN ADULT-ORIENTED BUSINESS” means and includes any of the following:
(a) The opening or commencement of any Adult-Oriented Business as a new business;
(b) The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business;
(c) The addition of any Adult-Oriented Business to any other existing Adult-Oriented Business; or
(d) The relocation of any Adult-Oriented Business.
(64) “FAMILY” means an individual or two or more persons related by blood, marriage, legal adoption, or guardianship, living together in a dwelling unit; or a group of not more than five persons who need not be related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit.
(65) “FLOOR AREA” means that area bounded by the surrounding walls of a building, or portion thereof, multiplied by the number of stories. The floor area of a building or portion thereof, not provided with surrounding exterior walls, shall be the useable area under the horizontal projection of the roof of the floor above. In particular, the floor area of a building or buildings includes:
(a) Basement space (more than 50% below grade);
(b) Floor space for mechanical equipment, with structural headroom of 7-1/2 feet or more;
(c) Stairwells at each floor;
(d) Penthouses;
(e) Interior balconies and mezzanines; and
(f) Exterior balconies, porches, and decks.
(66) “GARAGE.” See “PRIVATE GARAGE” or “PUBLIC GARAGE.”
(67) “GREENBELT” means an area designated to provide limited public use along creeks, streams, lakes, or other waterways. The construction of walking paths, bicycle paths, recreational facilities, and public utilities for public use is permitted in a greenbelt. A “greenbelt” shall not be considered as “publicly dedicated access” to a parcel or lot during the creation of a plat or subdivision.
(68) “GREENHOUSE” means an establishment where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are grown both in open and enclosed buildings.
(69) “GROUP HOME” means a licensed residential facility for the education, guidance, care, treatment, and/or rehabilitation of handicapped persons.
(70) “HALFWAY HOUSE” means a home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to residents, enabling them to live independently.
(71) “HAZARDOUS MATERIAL” means any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such substances or materials. This includes those materials or substances which have been so designated by the State Department of Environmental Conservation and/or the Environmental Protection Agency.
(72) “HOME OCCUPATION” means an occupation which is conducted in a dwelling unit or in a building accessory to a dwelling unit in any residential zone. For special regulations governing permitted home occupations, see the special requirements contained in § 8.12.170(L), “General Provisions.”
(73) “HOSPITAL” means any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons. This includes sanitariums, rest homes, homes for the aged, and institutions for the care and treatment of mental illness or disorders.
(74) “HOTEL” means any building or group of buildings in which there are guest rooms used, designed, or intended to be used, let or hired out for the purposes of offering to the general public lodging and/or meals, entertainment, and various personal services on a day-to-day basis.
(75) “IMPROVEMENTS” mean any construction incident to furnishing facilities for a subdivision, including, but not limited to: grading, street surfacing, curbs and gutters, drive approaches, sidewalks, water mains and lines, sanitary sewers, storm sewers, other utilities, culverts, bridges, and other appropriate items.
(76) “INDUSTRY” means the manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, or any other treatment thereof, in such a manner as to change the forms, character, or appearance thereof. It includes, but is not limited to the following: commercial bakeries, bottling plants, building or contractors' yards, cleaning and dyeing establishments, dog pounds, junkyards, laundries, lumber yards, truck storage yards, warehouses, wholesale storage, and other similar types of enterprise.
(77) “JUNK” means any material or equipment which is inoperative and has lost its primary economic value due to misuse, lack of repair, or obvious neglect, or any combination thereof.
(78) “JUNKYARD” means the use of any lot, portion of a lot, or tract of land for the storage, keeping, sale, abandonment of junk, including scrap metal or other scrap material. It also includes that use which is for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or parts thereof.
(79) “KENNEL” means any lot, premises, structure, or building where more than four dogs, four cats, or a total of five or more dogs and/or cats of at least six months of age are kept.
(80) “LANDOWNER” means the owner(s) of the land as recorded in the office of the Aleutian Island Recording District and shown on the City of Unalaska Real Property Tax Roll.
(81) “LEASE LINE” means a boundary or perimeter established through a leasing contract for interests in certain real estate. For purposes of zoning information, setbacks, yards, and other dimensional information, lease lines shall be interpreted as if they were actual property lines or boundaries.
(82) “LEASE LOT” or “LEASE PARCEL” means a parcel or tract of land described and designated by lease lines, or otherwise described in a lease document, and which at the time of applying for a building permit or another use permit is designated as the tract or parcel of land to be used, developed, or built upon as a unit of land. For purposes of zoning information, setbacks, yards, and other dimensional information, lease lots shall be interpreted as if they were actual lots or parcels.
(83) “LOADING SPACE, OFF-STREET” means a space, at least 10 feet by 30 feet in size, logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking area. See § 8.12.170(K), “General Provisions.”
(84) “LODGING HOUSE.” See “BED AND BREAKFAST.”
(85) “LOT” means a measured portion of a parcel or tract of land which is described and fixed on a plat of record, and which at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed, or built upon as a unit of land having frontage on or access to a public street or an approved easement. A lot may be one of the following:
(a) “CORNER LOT” means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees;
(b) “DOUBLE-FRONTAGE LOT” means a lot other than a corner lot with frontage on more than one street, other than an alley, and may be referred to as a “through lot.”
(c) “INTERIOR LOT” means a lot other than a corner or double-frontage lot.
(86) “LOT AREA” means the total area of a lot contained within the lot boundary lines.
(87) “LOT COVERAGE” means that percentage of the lot area covered by the building area.
(88) “LOT DEPTH” means the average horizontal distance between the front and rear lines of a lot.
(89) “LOT FRONTAGE” means all lots abutting a dedicated right-of-way or accessway measured along the right-of-way or access between sidelines of a lot. In no case shall the line along an alley be considered as lot frontage. Once lot frontage is established for a lot or parcel, it shall be considered to have always the same such frontage, except when such lot is involved in a subdivision or platting action, the frontage may change. See “Yard.”
(90) “LOT LINE” means the fixed boundary(ies) of a lot described by survey and which is located on a plat filed for record. See “Yard.” Lot lines consist of the following:
(a) “FRONT LOT LINE” means the boundary(ies) of a lot measured along the edge of the right-of-way of a dedicated street or private easement for access. In the case of a corner lot, the lot line adjacent to the most-traveled way shall be considered the front lot line and the other intersecting lot lines shall be considered side lot lines. In the event there is any question as to which right-of-way is the principal or most traveled, the Director of Planning shall designate the front lot line for any specific lot and such designation shall be considered a “Planning Determination” subject to § 8.12.220(A)(2), “Administration and Enforcement.” See also “Planning Determination.”
(b) “REAR LOT LINE” means the boundary of a lot which is most parallel to the front lot line and does not intersect the front lot line. If a rear lot line is less than ten feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet long, lying wholly within the lot and farthest from the front lot line.
(c) “SIDE LOT LINE” means the boundary of a lot which is neither a front nor a rear lot line.
(91) “LOT OF RECORD” or “LOT FOR RECORD” means a lot which is part of a subdivision recorded in the Aleutian Island Recording District office.
(92) “LOT WIDTH” means the average distance between the side property lines of a lot.
(93) “MAIN BUILDING” means the principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing a principal use upon a lot.
(94) "MARIJUANA BUSINESS" means any and all business, acts, or commerce subject to registration or licensure pursuant to Alaska Statute Chapter 17.38. A marijuana business may be any of the following:
(a) "RETAIL MARIJUANA STORES" means any and all business, acts, or commerce subject to regulations pursuant to Article 3 of Chapter 306 of Title 3 of Alaska Administrative Code.
(b) "MARIJUANA CULTIVATION FACILITIES" means any and all business, acts, or commerce subject to regulations pursuant to Article 4 of Chapter 306 of Title 3 of Alaska Administrative Code.
(c) "MARIJUANA PRODUCT MANUFACTURING FACILITIES" means any and all business, acts, or commerce subject to regulations pursuant to Article 5 of Chapter 306 of Title 3 of Alaska Administrative Code.
(d) "MARIJUANA TESTING FACILITIES" means any and all business, acts, or commerce subject to regulations pursuant to Article 6 of Chapter 306 of Alaska Administrative Code.
(95) “MEANDER LINE” means a term used to denote a metes and bounds traverse along the Mean High Water Line (Mean High Tide Line) of a permanent body of water.
(96) “MEMBER OF THE PUBLIC” means any customer, patron, club member, or person, other than an employee, who is invited or admitted to any Adult-Oriented Business.
(97) “METES AND BOUNDS” means a system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker, the corner of intersecting streets, or another permanent feature.
(98) “MOBILE HOME” means a dwelling designed for habitation, constructed and fabricated at a factory and capable of being transported to a location of use on its own chassis and wheels. Any such structure shall be deemed to be a mobile home whether or not the wheels have been removed, whether or not it is resting upon a temporary or permanent foundation, and whether or not it has been partially or completely rehabilitated or reconstructed upon a chassis.
(99) “MOBILE HOME PARK” means more than four mobile or manufactured homes located on one lot or parcel.
(100) “MONUMENT” means any relatively permanent object used to identify the location of a property corner or other survey point. See “PRIMARY MONUMENT.”
(101) “MOTEL” means any building or group of buildings in which there are guest rooms used, designed, or intended to be used, let or hired out for the purposes of offering to the general public lodging and/or meals, entertainment and various personal services on a day-to-day basis.
(102) “NATIVE ALLOTMENT” means a parcel of land that has been conveyed to individual Alaskan Natives under the Native Allotment Act of 1906, 34 Stat. 197, as amended.
(103) “NONCONFORMING USE OR STRUCTURE” means a use or structure which lawfully occupied a building or land at the time this title and any amendments hereto become effective and which does not conform with the use, dimensional criteria, or other regulations of the zoning district in which it is now located. See § 8.12.180, “Nonconformities.”
(104) “NUDE MODEL STUDIO” means any place where a person who appears Semi-Nude, in a State of Nudity, or who displays “Specified Anatomical Areas” and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “NUDE MODEL STUDIO” shall not include a proprietary school licensed by the State of Alaska or a college, junior college, or university supported entirely, or in part, by public taxation; or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. “NUDE MODEL STUDIO” shall not include a structure:
(a) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or Semi-Nude person is available for viewing;
(b) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(c) Where no more than one nude or Semi-Nude model is on the premises at any one time.
(105) “NUDITY” means the showing of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
(106) “OVERLAY DISTRICT” means a certain geographic area already designated within one or more Zoning Districts within which additional and unique regulations on land use development apply.
(107) “PARKING LOT, PUBLIC” means an open area, other than a street, used for the parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
(108) “PARKING SPACE” means an off-street parking area for a motor vehicle not less than nine feet by twenty feet in area having access to a public street or alley, or a private driveway. See § 8.12.180(M), “General Provisions,” for parking and parking lot requirements.
(109) “PERSON” means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust receiver, syndicate, branch of government, or any other group or combination acting as a unit.
(110) “PIT/QUARRY REHABILITATION” means to provide slopes which will be covered with a layer of soil and revegetated where practical. It applies to the rehabilitation of all kinds of sand, gravel, and rock excavations to obtain fill or construction materials and from which no further removal of materials is intended, as well as to resource extraction. Rehabilitation is intended to minimize the hazardous and unsightly nature of abandoned pits, and if practical, to return the area to some productive use. See “RESOURCE EXTRACTION.”
(111) “PLANNED UNIT DEVELOPMENT (PUD)” means a form of development, on a property of at least two acres, characterized by a unified site design for a number of houses, clustering buildings, and providing common open space, density increases, and a mix of building types and land uses, the plan for which may not conform to regulations established in Title 8 UCO. Any aspects of the development, which do not conform to Title 8 UCO and would typically require a platting variance, conditional use permit, or zoning variance, shall be considered an allowable nonconformity upon approval of the development as specified in § 8.12.215.
(112) “PLANNING COMMISSION” means the Planning Commission of the City of Unalaska.
(a) Which specific, undesignated, but similar land uses may be permitted in a zoning district;
(b) Area and yard requirements for irregular lot shapes;
(c) Dimensional variances of 10% or less for zoning district applications;
(d) Unclear zoning district boundary lines;
(e) Whether required subdivision improvements have been constructed; and
(f) The meaning of any unclear provisions of this title in such a way as to carry out the purpose and intent of the Comprehensive Plan.
(114) “PLAT” means a map of a subdivision prepared by a professional land surveyor licensed in the state of Alaska. See “SUBDIVISION.” A plat may be any one of the following types:
(a) “ABBREVIATED PLAT” or “SHORT PLAT” means a plat that is generally simple in design which will subdivide a single lot into not more than four lots or combine not more than two lots into one, has required access, and does not require vacation or dedication activities. The Director of Planning is the Platting Authority for such plats. See § 8.08.040, “Abbreviated Plats and Waivers”;
(b) “FINAL PLAT” means a plat made in final form (See § 8.08.070(B)) for approval, filing, and recordation;
(c) “PRELIMINARY PLAT” means a map of a subdivision of land showing the required features noted in § 8.08.070(A), that is submitted to the Platting Authority for purposes of preliminary consideration and approval. Preliminary approval may be given to typical land subdivision, abbreviated, right-of-way acquisition, and tideland plats;
(d) “RIGHT-OF-WAY ACQUISITION PLAT” means a plat created for the purpose of acquiring right-of-way parcels. The Director of Planning is the Platting Authority for such plats. See § 8.08.050, “Right-of-way Acquisition Plats”; and/or
(e) “TIDELAND PLAT” means a plat created for the purpose of subdividing or platting tide or submerged lands, or tidelands in conjunction with adjacent uplands. See § 8.08.060, “Tideland Plats.”
(115) “PLATTING AUTHORITY” means the Platting Board or the Director of Planning, depending on the type of plat or subdivision being created. The Platting Authority has the authority to approve, disapprove, or approve with conditions, plat applications before the city.
(116) “PLATTING BOARD” means the Platting Board of the City of Unalaska.
(117) “PRIMARY MONUMENT” means a minimum two-inch- diameter metal pipe at least 30 inches long with a flanged bottom and minimum 2½-inch cap. The monument must have magnetic qualities.
(118) “PRINCIPAL USE” means the primary or predominant use to which the lot is or may be devoted and to which all other uses on the premises are accessory or incidental.
(119) “PRIVATE GARAGE” means a detached accessory building or a portion of a main building designed or used for the parking or storage of the vehicles of the occupants of the premises.
(120) “PROFESSIONAL ENGINEER” means an engineer currently registered in the state of Alaska in the appropriate discipline.
(121) “PROFESSIONAL LAND SURVEYOR” means a land surveyor currently registered in the State of Alaska.
(122) “PROFESSIONAL OFFICE” means a structure containing one or more offices in which there is no display stock or wares in trade, commodity sold, or any commercial use conducted other than the professional offices of a doctor, dentist, lawyer, architect, landscape architect, engineer, minister of religion, insurance agent, realtor, or other similar professional services. It does not include barbershops, beauty parlors, or general business offices. See “HOME OCCUPATION” and § 8.12.160(N), “General Provisions.”
(123) “PUBLIC AND QUASI-PUBLIC BUILDING” means public, semi-public and private elementary schools, high schools, civic buildings, community buildings, museums, art galleries, fire houses, post offices, police stations, libraries, utility buildings, hospitals, institutions for charitable purposes, and similar uses.
(124) “PUBLIC GARAGE” means any garage housing self- propelled vehicles, which is available to the public and operated for gain and which is used for the storage of motor vehicles.
(125) “PUBLIC UTILITY” means City of Unalaska public utilities including persons, firms, corporations, cities, or other public authorities which are certified as public utilities by the State of Alaska.
(126) “PURE TONE” means any sound that can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this chapter, a “PURE TONE” shall exist if the one-third octave band sound pressure level in the band where the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by the five dB for center, frequencies of 500 Hz and above and by eight dB for center frequencies between 169 and in 400Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
(127) “QUARRY/PIT STRIPPING” means a lot or part thereof used for the purpose of extracting stone, sand, gravel, or topsoil for sale. See “RESOURCE EXTRACTION.”
(128) “RECORD OF SURVEY” means a map prepared by a professional land surveyor that re-establishes survey controls, boundaries, locations of improvements, or the alignment of right-of- ways for recording in the Aleutian Islands Recording District.
(129) “RECREATIONAL VEHICLE” means a vehicle or mobile unit primarily designed as temporary living quarters for travel, camping, recreational, or vacation usage, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicles, or RVs, include travel trailers, trailer coaches, pickup truck campers, fifth-wheels, bus conversions and motor homes.
(130) “REGULARLY FEATURES” means, with respect to an Adult Theater or Adult Cabaret, a regular and substantial course of conduct, such that the films or performances shown constitute a substantial portion of the films or performances offered as part of the regular business of the Adult Theater or Adult Cabaret.
(131) “RELATIVE POSITIONAL PRECISION” means the length of the semi-major axis, expressed in feet or meters, of the error ellipse representing the uncertainty due to random errors in measurements in the location of the monument, or witness, marking any corner of the surveyed property relative to the monument, or witness, marking any other corner of the surveyed property at the 95 percent confidence level (two standard deviations). “RELATIVE POSITIONAL PRECISION” is estimated by the results of a correctly weighted least squares adjustment of the survey or as defined in the current adopted “Minimum Standard Detail Requirements for ALTA/ACSM (American Land Title Association/American Congress on Surveying and Mapping) Land Title Surveys.
(132) “REMAINDER PARCEL” means, for purposes of 43 USC 1636(d)(2)(B)(2)(B)(iii), land that is exempt from certain city ordinances. No parcel is to be considered a “remainder parcel” unless it is specifically identified on a plat or subdivision as a “remainder parcel” subject to the aforementioned federal law.
(133) “REPAIR FACILITY” means a place where automobile maintenance activities such as engine overhauls, service of body or fender work, mechanical repair, or painting of vehicles may be rendered.
(134) “REPLAT” means the alteration of a plat of record which shall be submitted in the required form to the platting authority for approval and recording. See Chapter 8.08.
(135) “RESOURCE EXTRACTION” means a use involving the removal for commercial purposes of native vegetation, topsoil, fill, sand, gravel, rock, petroleum, natural gas, coal, metal ore, or any other mineral, and other operations having similar characteristics. “Resource extraction” for these purposes excludes material left and used on-site.
(136) “REST HOME” means any building used or maintained to provide nursing, dietary and other personal services to convalescents, invalids, aged, or infirm persons, but excluding surgery or primary treatments such as those customarily provided in sanitariums and hospitals.
(137) “RESTRICTED DEED LOT” means a lot conveyed to an Alaskan Native subject to provisions of the Native Townsite Act of 1926, 44 Stat. 629.
(138) “RIGHT-OF-WAY, PUBLIC” means land dedicated to the public to be used or intended to be used for street, alley, walkway, or other public purposes.
(139) “SALVAGE YARD.” See “JUNKYARD.”
(140) “SCHOOL” means any public or private educational facility, including but not limited to child day care facilities, libraries, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools. The term “SCHOOL” does not include vocational or professional institutions of higher education, including but not limited to community or junior colleges, colleges and universities.
(141) “SEMI-NUDE” or in a “SEMI-NUDE CONDITION” means the showing of the female breast or a physical replica or surgically created reproduction thereof below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed in whole or in part.
(142) “SERVICE STATION” means any building, structure, premises, or other space used primarily for the retail sale and dispensing of motor fuels, oil, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories, and such other services which do not customarily or usually require the service of a qualified automotive mechanic. When the retail sale and dispensing of motor fuels, lubricants, and accessories is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
(143) “SETBACK” means the distance between a building or structure and a lot line or right-of-way, or the distances between buildings. See “YARD.”
(144) “SEXUAL ENCOUNTER CENTER” means a business or commercial enterprise that, as one of its principal purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a State of Nudity or Semi-Nude Condition.
(145) “SIGN” means any device, structure, fixture or placard using graphics, symbols and/or written copy designed primarily for the purposes of advertising or identifying any establishment, products, goods, services or political organization, person or viewpoint of any kind. “SIGN” includes graphics or advertising copy applied directly to the exterior surface of a building such as painted walls or murals.
(146) “SITE PLAN REVIEW” means the review of the site plan of any public or private project by the Department of Planning or the Planning Commission. Commercial site plans must be “stamped” by a professional civil engineer or architect.
(147) “SMALL WIND ENERGY SYSTEM” means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than five kilowatts and which is intended primarily to reduce on-site consumption of utility power.
(148) “SPECIFIED ANATOMICAL AREAS” means:
(a) The human male genitals or a physical replica or surgically created reproduction thereof in a discernibly turgid state, even if completely and opaquely covered; or
(b) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(149) “SPECIFIED SEXUAL ACTIVITIES” means any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or breasts or physical replicas or surgically created reproduction thereof;
(b) Sexual penetration or sexual contact as defined in AS 11.41.470(6), actual or simulated; or
(c) Excretory functions as part of or in connection with any of the activities set forth in (a) through (b) above.
(150) “STABLE, COMMERCIAL” means a stable where horses or other livestock are let, hired, used, boarded, or sold on a commercial basis for remuneration, including horseshoeing or training.
(151) “STABLE, PRIVATE” means a detached accessory building for the keeping of horses or other livestock and which is not kept for remuneration, hire, or sale.
(152) “STORAGE YARD” means any lot or portions thereof which are used for the sole purpose of outdoor storage of construction equipment, fishing equipment, construction materials or equipment, or other tangible materials that are of usable life and value in its original intended use.
(153) “STORY, HEIGHT OF” means the vertical distance of a top surface of a floor to the top surface of the floor next above it. The height of the top-most story is a distance from the top surface of the floor to the top surface of the ceiling joists.
(154) “STREET” means a right-of-way which provides for vehicular and pedestrian access to abutting properties. See § 8.08.090, “Subdivision Design Standards.” Streets may be classified as one of the following:
(a) “ALLEY” means a public right-of-way shown on a plat which provides secondary access to a lot, block, or parcel of land; or
(b) “ARTERIAL STREET” means a street designed to move traffic between major traffic generators in the city;
(c) “COLLECTOR STREET” means a street designed to move traffic from minor streets to arterial streets;
(d) “CUL-DE-SAC” means a street having only one outlet with provision for a turnaround at its termination with a minimum radius of 50 feet.
(e) “MINOR STREET” means a street designed to provide traffic access to individual abutting properties;
(155) “STREET WIDTH” means the shortest distance, at a specific point, between the lines delineating the right-of-way of a street.
(156) “STRUCTURAL ALTERATION” means any change of supporting members of a building, which includes, but is not limited to, bearing walls, columns, beams, girders, floor or ceiling joists, roof rafters, foundation piles, retaining walls, or similar components.
(157) “STRUCTURE” means any edifice, fence, tower, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on the ground or attachment to something having a location on the ground.
(158) “SUBDIVISION” means the division of a tract or parcel of land into two or more lots, sites, or other divisions, or the combining of two or more lots, tracts, or parcels into one lot, tract, or parcel for the purpose, whether immediate or future, of sale or development, including development of a lease lot or lease parcel, including any resubdivision and when appropriate to the context, the process of subdividing or the land actually subdivided. Division of a parcel of land into a lease lot or lease parcel shall constitute a subdivision of land when an application for a building permit to construct or site a building or structure upon the lease lot or lease parcel, associated with any main, primary or secondary utility line extension, is submitted to the Building Official.
(159) “SUBMERGED LANDS” means those lands covered by tidal waters between the line of mean low water and seaward to a distance of three geographical miles, or as may hereafter be properly claimed or acquired by the city.
(160) “SUPPLEMENTAL POWER” means on-site power generation used exclusively to reduce demand from an existing power grid.
(161) “SURVEYOR.” See “PROFESSIONAL LAND SURVEYOR.”
(162) “TEMPORARY” means those structures, which, based on their design elements, are not reasonably expected to be productive for more than five years, or are designed to be moved or dismantled. The Director of Planning shall have the discretion in determining whether a structure fits this definition and may consider the anticipated use of the structure and its surroundings.
(163) “TIDELANDS” means those lands which are periodically covered by tidal waters between the elevation of mean high and mean low tides.
(164) “TOWER” means a fixed structure that is designed and constructed primarily for the purpose of mounting a wind turbine or supporting one or more antennas for radio, telephone, and similar communications purposes, including self-supporting guyed towers, lattice towers, or monopole towers. The term includes alternative tower structures, cellular telephone towers, common-carrier towers, microwave towers, radio and television transmission towers, wind turbines and the like. The term includes the structure and any support thereto.
(165) “TOWER HEIGHT” means the height above grade of the fixed portion of the tower, including the wind turbine or other mechanical equipment, but excluding blades or any moving parts.
(166) “TRACT” means an area of land which has been defined but has not been designated by lot and block numbers.
(167) “USE” means the purpose for which land or building(s) are arranged, designed, or intended, or the purpose for which either land or building(s) may be occupied or maintained.
(168) “VACATION” means the termination of or termination of interest in an easement, right-of-way or public dedication of land.
(169) “VARIANCE” means a dimensional adjustment in the application of a specific regulation of this title.
(170) “VETERINARY HOSPITAL OR CLINIC” means an establishment regularly maintained and operated for the diagnosis and treatment of disease and injury of animals.
(171) “WRECKING YARD.” See “JUNKYARD.”
(172) “WIND TURBINE” means an engineered rotating machine which converts the kinetic energy in wind into mechanical energy that is converted into electricity.
(173) “YARD” means an open space on a lot other than a court, which is unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. See “LOT LINE.” Yards consist of the following:
(a) “FRONT YARD” means an open, unoccupied space extending across full width of the lot between the front lot line and the nearest part of any building on the lot. The front yard generally faces a right-of-way. See “LOT FRONTAGE”;
(b) “REAR YARD” means an open space extending across the full width of the lot between the most rear main building and the rear lot line; and
(c) “SIDE YARD” means a yard extending from the rear line of the required front yard to the rear lot line.
(174) “ZONING DISTRICT” means an area defined as to boundaries and location on the City of Unalaska Official Zoning, Streets and Highway Map and within which only certain types of land uses are permitted and within which other types of land uses are excluded, unless a conditional use is granted, as set forth in this title.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2002-04, passed 3-12-02; Am. Ord. 2005-09, passed 4-26-05; Am. Ord. 2008-23, passed 1-13-09; Am. Ord. 2012-07, passed 9-11-12; Am. Ord. 2014-19, passed 10-28-14; Am. Ord. 2014-20, passed 10-28-14; Am. Ord. 2014-21, passed 10-28-14; Am. Ord. 2016-19, passed 12-27-16)