(A) Purpose and intent. The provisions set forth in this section modify or further restrict, where applicable, the provisions for all zoning districts set forth in this chapter.
(B) Front yards (See § 8.06.020(A), “Yard”). Where any specified front yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the front lot line than the distance indicated by the depth of the required front yard. Exceptions include:
(1) Steps, terraces, platforms, and porches having no roof covering and not being over 30 inches high may be built within a front yard a distance of not more than two feet and are specifically excluded from this definition; and
(2) Eaves, cornices, and similar ornamentations may project over a front yard not more than two feet.
(C) Side yards (See § 8.06.020(A), “Yard”). Where any specified side yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the side lot line than the distance indicated by the width of the required side yard. Exceptions include:
(1) Steps, terraces, platforms, and porches having no roof covering and not being over 30 inches high may be built within a side yard a distance of not more than two feet and are specifically excluded from this definition; and
(2) Eaves, cornices, and similar ornamentations may project over a side yard not more than two feet.
(D) Rear yards (See § 8.06.020(A), “Yard”). Where any specified rear yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the rear lot line than the distance indicated by the depth of the required rear yard. Exceptions include:
(1) Steps, terraces, platforms, and porches having no roof covering and not being over 30 inches high may be built within a rear yard a distance of not more than two feet and are specifically excluded from this definition; and
(2) Eaves, cornices, and similar ornamentations may project over a rear yard not more than two feet.
(E) Irregular lot shapes. Where irregular lot shapes prevent the direct determination of the area and yard requirements for a lot, the Director of Planning shall determine said area and yard requirements. Said determination shall be known as a “Planning Determination” and the Planning Commission will be advised of said determination at its next regular meeting (See § 8.12.220(A)(2)).
(F) Lease lots, lease parcels. Parcels or land defined by lease lines shall be subject to provisions of Title 8 UCO as if they were actual lots. Lease lots shall be interpreted as actual lots for purposes including, but not limited to, zoning land use restrictions, setbacks, yards, and other dimensional requirements.
(G) Height requirements.
(1) Height limitations shall not apply to projections such as chimneys, domes, spires, towers, antennae, aerials, flagpoles, and other similar objects not used for human occupancy. Separation distance requirements and applicable zoning district requirements for specific projections still apply to all objects exempted from height requirements under this section.
(2) For all lands contiguous to or adjoining the Unalaska/Dutch Harbor Airport, no structures or equipment may be located in such a manner that any portion of a structure or piece of equipment projects into the runway clear zone or approach surfaces (For detailed required standards in this matter contact the FAA).
(H) Fences. Fences and walls may be erected to a six-foot height maximum anywhere on the lot in any residential or open-space district and to a ten-foot height maximum anywhere on a lot in any other zoning district.
(I) Vision clearance. On a corner lot, there shall be no obstruction to vision above three feet within ten feet of any street intersection. This vision clearance requirement will also apply to off-street parking of vehicles.
(J) Accessory building, structure or use. A building, structure or use which is considered incidental to the operation or enjoyment of a lawful permitted use or conditional use, and is appropriate, and subordinate to any such building, structure or use, shall be considered accessory when located on the same lot. The overall height shall not exceed that allowed in the specific zone of location.
(K) Off-street parking requirements. At the time a new structure is erected or a structure is enlarged, or the use of the existing structure is changed, off-street parking spaces shall be provided as set forth in this section, unless greater requirements are otherwise provided in connection with an existing use prior to the adoption date of this chapter. Each parking space shall be at least 180 square feet in area and have a width of nine feet and a depth of not less than 20 feet. In determining the gross area required for an off-street parking lot requiring a specific number of parking places including driveways and aisles, 250 square feet per parking space shall be used. Each use shall provide the following minimum off-street parking spaces discussed below.
(1) Mixed occupancy. In the case of two or more uses on a lot, the total requirements for parking spaces shall be the sum of the requirements for the several uses computed separately.
(2) Location of parking. Off-street parking shall be located as follows:
(a) Parking spaces serving single and multi-family dwelling units shall be located on the same lot as the building served; and
(b) Parking spaces for other uses may be located off-site and shall not be more than 500 feet distant.
(3) Off-site parking requirements. An off-site lot must be owned or leased by the applicant. Written evidence of ownership or a long-term lease agreement must be presented to the Director of Planning. Upon expiration of the lease, the applicant shall be responsible for the continued provision of the required number of parking spaces.
(4) Shared parking. The Director of Planning may authorize a reduction in the number of required off-street parking spaces through the shared or joint use of the same parking area by two or more uses or structures within any zoning district except residential districts. The applicants for shared parking shall present the Director of Planning with their written reasons for providing for the shared or joint use of off-street parking facilities. The common parking area shall be located within the distances specified in (2)(b) above.
(5) Handicapped accessible parking. All land uses that require off-street parking spaces under this title, except residential dwelling units, shall be required to provide additional off-street parking spaces for handicapped motorists. Such parking spaces shall be provided in accordance with the following requirements in addition to the other off-street parking requirements:
(Ordinance No. 96-08)
(a) One, if 25 or less off-street parking spaces are required for a use; or
(b) One for each 25 off-street parking spaces when over 25 off-street parking spaces are required of a use (e.g., 2 for 26 - 50, 3 for 51 - 75, 4 for 75 - 100, etc.)
All handicapped accessible parking shall have a minimum width of eight feet plus an appropriate aisle and be designated as reserved by a sign showing the international symbol of accessibility.
For additional handicapped parking requirements refer to the Americans With Disabilities Act, 42 USC 12101 et seq.
(6) Other off-street parking requirements. Other off-street parking requirements are to be provided as follows:
(a) All residential dwellings. Two spaces per dwelling unit;
1. Commercial vehicles shall be allowed to be parked in a residential district at the rate of one vehicle per occupant of the subject dwelling for which the parking is intended. Said occupant shall also be licensed for driving said commercial vehicle;
(b) Commercial accommodations (hotels, motels, etc.). One space per two guest rooms;
(c) Institutional uses (clinics, etc.). One space for each four beds, plus one space per doctor, plus one space for each three additional employees;
(d) Place of public assembly.
1. Church, auditorium, schools, and similar uses with fixed seats. One space per four seats or eight feet of bench length in the main auditorium. Assembly areas in addition to the main auditorium shall have parking spaces at one-quarter the rate of the main auditorium;
2. Clubs and community halls. One space per 100 square feet of floor space; and
3. Dance, assembly, and exhibition halls without fixed seats. One space per 100 square feet of gross floor area in the main assembly room.
(e) Retail business and service establishments. One space for each 200 square feet of gross floor space, except for the following:
1. Bank or office. One space for each 400 square feet of gross floor space;
2. Auto repair shop. Four parking spaces for each bay, provided that all vehicles in the custody of the operator of the business for the purpose of service, repair, or storage shall be stored on the premises; and
3. Eating and drinking establishments. One space for each four seats in the principal place of assembly.
(f) Commercial/industrial use accessory bunk houses. One parking space for every five rooms;
(g) Bed and breakfasts. Two spaces for the owner/operator plus one for each guest room;
(h) Manufacturing and processing industries including seafood industries. One parking space per 1,000 square feet of gross floor area;
(I) Freight terminals, warehouses, gear sheds and storage buildings. One parking space per 1,000 square feet of gross floor area; and
(j) All other uses. For all other uses not listed above, an evaluation of the uses compared with parking requirements above will be made. Similar uses will require comparable parking requirements. The Department of Planning will perform this evaluation and establish the standards as a Planning Determination (See § 8.12.220(A)(2)).
(7) Off-street loading spaces (See § 8.06.020(A), “Loading Space, Off-Street”). In addition to the parking requirements noted above, and depending on the proposed uses, off- street loading spaces may be desired. When designing off-street loading spaces, care shall be taken so that loading vehicles do not encroach upon public right-of-ways. Consideration shall be given in designing these spaces so that when a loading vehicle is positioning to use a loading space, a right-of-way shall not be blocked to travel or access and general traffic patterns shall not be disrupted.
(8) Lighting. Any lights used to illuminate any off-street parking area shall be directed and shielded so as to reflect away from the adjoining premises.
(L) Home occupation. “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. An industrial use as listed and permitted in the Marine-Related/Industrial, Marine- Dependent/Industrial or Public/Quasi-Public districts is not permitted as a home occupation. A home occupation shall meet the following conditions:
(1) Employees. Only the permanent residents of a dwelling unit and one non- resident of the building may be engaged in a home occupation on the premises;
(2) Use. The use of a dwelling unit for a home occupation shall be clearly incidental and subordinate to its residential use. This standard is met by and limited to one of the following:
(a) No more than the lesser of twenty-five percent or 500 square feet of the floor area of the dwelling is devoted to the home occupation; or
(b) No more than 200 square feet of an accessory building is devoted to the home occupation.
(3) Appearance. There shall be no change in the outside of the building or premises, nor shall there be other visible evidence of the conduct of such home occupation other than one sign not exceeding one square foot in area, non-illuminated, and mounted flat against the principal building;
(4) Deliveries. Customer or delivery vehicles shall not be parked on the site for a period to exceed one hour;
(5) Storage. Any storage of wholesale or retail stock in trade in conjunction with the home occupation shall not exceed ten percent of the area devoted to the home occupation;
(6) Traffic. No traffic or deliveries shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood;
(7) Objectionable activities. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes or odors detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or in an accessory structure. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or which causes a fluctuation in line voltage off the premises;
(8) Off-street parking. If a non-resident of the building is engaged in the home occupation on the premises, an additional off-street parking space shall be required;
(9) Hours of operations. The home occupation shall not be conducted for public business or visitations between the hours of 10:00 p.m. and 7:00 a.m.; and
(10) Conditional use approval. All Home Occupations not meeting the above criteria will require a Conditional Use approval.
(M) Signs and advertising displays. Signs permitted under this section shall advertise only the business or activity engaged in on the immediate premises.
(1) Sight obstruction. No sign shall be erected at any location where, by reason of position, shape, or color of such sign it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device and shall meet the requirements of § 8.12.170(I), “Vision Clearance.”
(2) Illumination. Flashing signs and intermittent illuminations are permitted only in General Commercial, Marine-Dependent/Industrial, and Marine-Related/Industrial Districts.
(3) Location. Signs permitted in the General Commercial, Public/Quasi-Public, Marine-Dependent/Industrial, and Marine-Related/Industrial Districts:
(a) Must be located flat against a building; or
(b) Must not exceed 50 square feet in area and shall not project beyond the lot line.
(c) Must not show in photographs, drawings, paint or other form of representation or be distinguished or characterized by an emphasis upon nudity, semi-nudity, specified anatomical areas or specified sexual activities.
(N) Planning Commission review of public projects. The Planning Commission may request a site plan review of any city- or state-initiated project, pursuant to and under the authority of § 8.04.050.
(O) Adult-oriented business.
(1) Location. Must be separated from any residential district (Single-Family/Duplex, Moderate-Density, High-Density), school, church, public or private park and from a youth- oriented facility or business by a buffer distance of at least 300 feet.
(2) Compliance with Title 9 Business Regulations. Must comply with all requirements of Chapter 9.32 of this Code.
(3) Premises out of compliance. Except as provided in subsection (P)(4), an adult-oriented business not in compliance with this section must immediately cease all activities.
(4) Authorized representatives of the City of Unalaska Public Safety Department shall have the authority to enter any adult- oriented business at all reasonable times to inspect the premises for the purpose of determining compliance with the terms and conditions of applicable permits, codes, regulations and laws. At a minimum, reasonable times shall include the operating hours of the business.
(P) Small wind energy system.
(1) Location and construction.
(a) No part of the wind system structure, including guy wire anchors, may extend closer than ten feet to the side and rear property boundaries or 20 feet from the front yard boundary.
(b) The windmill tower shall be placed at a minimum distance of 1.1 times the height of the pole from all property boundaries.
(c) Wiring shall be underground.
(d) The tower shall be constructed of metal and/or structural concrete. The tower shall be certified by a licensed professional engineer for application and construction.
(2) Compliance with Title 17: Buildings and Construction. Shall comply with all requirements of Chapters 17.12, 17.20, and 17.36 of this Code.
(3) Height.
(a) Tower height shall be limited to 40 feet or the maximum height allowed for the zoning district, whichever is greater.
(b) Total height shall not exceed the maximum height allowed for the zoning district.
(4) Noise.
(a) Except for short term high wind speed events, if not emitting a pure tone, shall not exceed 70 decibels.
(b) Except for short term high wind speed events, if emitting a pure tone, shall not exceed 50 decibels.
(c) Noise level shall be measured at the complainant’s dwelling during normal operation of the wind energy system over a one hour period using a properly calibrated noise level meter operated by a qualified operator.
(5) Compliance with FAA regulations. Shall comply with all applicable FAA regulations, including any necessary approvals for installations close to airports.
(6) Compliance with Wildlife Preservation Laws. Shall comply with all applicable federal, state, and local wildlife preservation laws, including, but not limited to, the Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and Endangered Species Act.
(7) Utility Agreement. If delivering electricity to the City’s utility electrical grid, shall have a signed agreement between the owner and the City.
(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. 2014-18, passed 10-28-14; Am. Ord. 2019-14, passed 11-26-19)