For the purpose of this title, certain terms or words used herein shall be interpreted as follows:
A. 
Words used in the present tense include the future tense;
B. 
The singular number includes the plural;
C. 
The word “person” includes a partnership and corporation as well as the individual;
D. 
The word “lot” also includes the words “plot,” “parcel,” or “tract”;
E. 
The term “shall” is always mandatory;
F. 
The words “used” or “occupied” as applied to any land or building includes the words “intended,” “arranged” or “designed” to be occupied.
(S.G.C. 22.08.010; Ord. 02-1683 § 4, 2002)
When a word or term is not specifically stated, the city and borough administrator or his designee shall have the authority to interpret the meaning or description most comparable, subject to appeal to the planning commission, then to the assembly.
(S.G.C. 22.08.020; Ord. 02-1683 § 4, 2002)
“Accessory dwelling unit (ADU)”
is a second dwelling unit that is located on the same parcel as the primary single-family dwelling unit. An ADU must provide a complete, independent residential living space and shall include provisions for living, sleeping, eating, cooking and sanitation. Accessory dwelling units are further regulated under Chapter 22.20 SGC and other sections of this title.
(S.G.C. 22.08.025; Ord. 13-14A § 4, 2013)
“Alteration”
means any change, addition or modification in a construction, location, occupancy or use classification. In buildings for businesses, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration.
(S.G.C. 22.08.040; Ord. 02-1683 § 4, 2002)
“Antenna”
means a wire or system of wires, rods, poles, or similar devices, or satellite dishes used for the transmission or reception of electromagnetic waves, external to or attached to the exterior of any building.
(S.G.C. 22.08.042; Ord. 02-1683 § 4, 2002)
“Apartment”
means any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual or family unit living and doing their own cooking independently of any other individual or family unit in the same building.
(S.G.C. 22.08.047; Ord. 02-1683 § 4, 2002)
“Arterial street”
means a street designed and intended to carry traffic from residential and collector street systems to state highways and other arterial streets. Arterials are designated in the comprehensive plan or in supporting documents of the plan.
(S.G.C. 22.08.060; Ord. 02-1683 § 4, 2002)
“Automobile service station”
means a retail place of business engaged primarily in the sale of motor fuels, lubricants and other petroleum products, but also in supplying accessories and services generally required in the normal operation and maintenance of motor vehicles. The servicing of motor vehicles shall be generally limited to lubrication, installation or replacement of accessory items and the performance of minor automobile maintenance and repair. Sales and leasing of motor vehicles on a limited basis, not becoming the principal use, shall be considered an accessory use.
(S.G.C. 22.08.070; Ord. 02-1683 § 4, 2002)
“Bed and breakfast”
means a lodging use, where rooms within a single dwelling unit or owner-occupied side of a two-family unit are provided to transient guests by a resident operator for a fee by prearrangement on a daily or short-term basis. A breakfast meal and/or light snacks may be served to those guests renting rooms. Only limited cooking facilities, if any, may be provided in the guest rooms. Extensive stays are not encouraged by the owners and are not considered appropriate. Bed and breakfasts require a building official and fire official certification that the residence complies with life and fire safety aspects.
(S.G.C. 22.08.090; Ord. 02-1683 § 4, 2002; Ord. 15-39 § 4, 2015)
“Boardinghouse”
means a building, residential in character, other than a hotel or motel, with not more than five guest rooms and no more than two persons per room where lodging, with or without meals, is provided for compensation for three or more persons, but not exceeding 15 persons, on other than a day-to-day basis, and which is not open to transient guests.
(S.G.C. 22.08.100; Ord. 02-1683 § 4, 2002)
“Small scale brewery”
means an operation involving the processing of grain into beer where all activities with the exception of unloading raw materials and loading finished product for off-site transport are conducted within an enclosed building, where overall production is less than 10,000 barrels per year (310,000 gallons per year), where the operation requires no more than standard utilities, and where retail sales may be conducted on premises.
(S.G.C. 22.08.105; Ord. 02-1683 § 4, 2002)
“Building”
means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
(S.G.C. 22.08.110; Ord. 02-1683 § 4, 2002)
“Accessory building”
means a detachable building, the use of which is appropriate, subordinate and customarily incidental to that of the main building or to the use of the land and which is located on the same lot as the main building or use.
(S.G.C. 22.08.120; Ord. 02-1683 § 4, 2002)
“Building height”
means the vertical distance from the average elevation of the finished grade to the highest point of the coping of a flat roof, to the highest point of a mansard roof, or to the highest point of the highest gable of a pitched or hip roof.
(S.G.C. 22.08.140; Ord. 02-1683 § 4, 2002)
“Bulk retail”
is a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs (i.e. “big box” retail). Bulk retail is differentiated from general retail by any of the following characteristics: items for sale include large, categorized products (e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.) and may also include a variety of carry-out goods (e.g., groceries, household, and personal care products).
(S.G.C. 22.08.162; Ord. 20-09 § 4, 2020)
“Church”
means a building or structure generally open to the public and used as a place of gathering for the purpose of religious worship or related activities. The definition of a church shall be dependent upon IRS interpretation and that of the State Assessor’s Office. A standard single-family residence not remodeled for public meetings shall not be considered a church.
(S.G.C. 22.08.167; Ord. 02-1683 § 4, 2002)
“Cluster housing development”
means two or more independent single-family dwellings developed as a group or “cluster” requiring a conditional use permit and site plan approval, the plan of which may not conform to the minimum yard and lot requirements of the district in which the project is located. Cluster developments may not exceed the density allowed in the district in which they are located and are specifically intended to provide a method to allow development on unusual terrain where standard development would be prohibitively expensive.
Figure 22.05.310. Cluster Housing Development
(S.G.C. 22.08.170; Ord. 02-1683 § 4, 2002)
“Commercial”
means activities involving sales or rental of any article, substance or commodity and the provision of all commercial services including financial institutions and personal services.
(S.G.C. 22.08.190; Ord. 02-1683 § 4, 2002)
“Commercial home horticulture”
means the onsite production, principally for use or consumption by the property owner or tenant, of plants or their products, including but not limited to gardening and fruit production. Commercial home horticulture does not include the sale of such products produced off site, but does include the sale of such products produced and sold on site to others. It also does not include such products as livestock, poultry, other animals, or the production of animal related products. Accessory buildings, such as garden stands, other than those specifically allowed in zoning districts, may be permitted through the planning commission home horticulture permit process in SGC § 22.25.025.
(S.G.C. 22.08.195; Ord. 09-51 § 4(C), 2009; Ord. 14-38A § 5, 2014)
“Comprehensive plan”
means an official adopted document including text, charts, graphics or maps or any combination designed to portray general and long range proposals for the arrangement of land uses and development of an economic base and human resource and which is intended to guide development policy towards achieving orderly and coordinated development within the entire community.
(S.G.C. 22.08.200; Ord. 02-1683 § 4, 2002)
“Conditional use”
means a provision which allows for flexibility within the zoning title by permitting certain specified uses in zoning districts where said uses could be considered appropriate, but only after additional conditions and safeguards are applied to insure their compatibility with permitted principal uses. Such conditions might include such things as parking, signs, fences or other sight and sound buffers, protection of natural resources of value to the community or similar public concerns.
(S.G.C. 22.08.210; Ord. 02-1683 § 4, 2002)
“Condominium”
means a type of real property ownership in which projects composed of two or more dwelling units or commercial or industrial establishments which are individually owned, with common areas of the project, if any, and common land area being owned according to fixed percentages by the owners of the separate dwelling units or commercial or industrial establishments in a cooperative manner. This type of development requires the preparation of a plat under the State Horizontal Property Regimes Act and the formulation of a legal homeowners’ association to guide the financial and maintenance arrangements for the units in total. Approval of condominiums shall be allowed only under the conditional use and site plan approval procedure.
(S.G.C. 22.08.220; Ord. 02-1683 § 4, 2002)
“Coverage”
means the percentage of total lot area allowed to be covered by buildings or structures exceeding 30 inches in height. Customary yard accessories, ornaments and furniture are not included in this definition of coverage.
(S.G.C. 22.08.240; Ord. 02-1683 § 4, 2002)
“Cul-de-sac”
means a short street intersecting with another street at one end and terminated by a vehicular turnaround at the other end.
Figure 22.05.400. Cul-de-sac
(S.G.C. 22.08.245; Ord. 02-1683 § 4, 2002)
“Day care,” “home provider,” or “children’s services”
means the caring of children, ages newborn through 12, in other than the children’s own home environment. It shall be lawful to care for up to four children, not your own, in a private home and be considered a valid home occupation. For five or more children, state licensing and a conditional use permit as a day care center shall be required.
(S.G.C. 22.08.250; Ord. 02-1683 § 4, 2002)
“Dedication”
means the deliberate appropriation of land or rights in land by its owner for any general and public use, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city.
(S.G.C. 22.08.253; Ord. 02-1683 § 4, 2002)
“Dock”
means a fixed or floating structure, including moorings, for the purpose of berthing floating vessels.
(S.G.C. 22.08.255; Ord. 02-1683 § 4, 2002; Ord. 03-1750 § 4, 2003)
“Commercial dock”
means a fixed or floating structure, including moorings, for the purpose of berthing floating vessels that: includes commercial and recreational vessels, does not have a limitation on the size or number of lease slips, may include covered lease slips and boathouses, may include secure float plane facilities, and may have seafood sales on the structure. A commercial dock along the Sitka road system shall have one parking space per slip. Commercial docks in Sitka Sound and in outlying areas do not have a parking space requirement.
(S.G.C. 22.08.256; Ord. 07-08 § 4, 2007)
“Community personal use dock”
means a dock jointly owned and used by property owners in the immediate area for the berthing of floating vessels owned by the property owners in the area, lessees of uplands, family members of property owners in the area, or others utilizing the dock without compensation. Commercial fishing vessels owned by the upland property owner are allowed. Community personal use docks shall not include, or accommodate, covered or uncovered lease slips, commercial seafood processing, sale of seafood, float houses, liveaboards, or float planes unless specifically allowed elsewhere in this title, or any other commercial activity including the loading and off-loading of charter clients. Community personal use docks are for noncommercial purposes. Waterborne aircraft, used for commercial purposes, may be allowed on island properties and in outlying areas through the conditional use process in accordance with Table 22.16.015-2.
(S.G.C. 22.08.257; Ord. 07-08 § 4, 2007)
“Personal use dock”
means a fixed or floating structure, including moorings, for the purpose of berthing floating vessels owned by the upland property owner, lessees of uplands, family members of upland property owners, or others utilizing the dock without compensation. Commercial fishing vessels owned by the upland property owner are allowed. Personal use docks shall not include, or accommodate, covered or uncovered lease slips, seafood processing, sale of seafood, float houses, liveaboards, or float planes unless specifically allowed elsewhere in this title, or any other commercial activity including the loading and off-loading of charter clients. The maximum perimeter of the dock and float shall not exceed 300 linear feet. Gangways and ramps are not included in this limitation.
(S.G.C. 22.08.258; Ord. 07-08 § 4, 2007)
“Dormitory”
means a residential building, other than a hotel or motel, with six or more guest rooms, where lodging with or without meals is provided for compensation on other than a day-to-day basis for students, employees or the like and which is not open to transient guests.
(S.G.C. 22.08.260; Ord. 02-1683 § 4, 2002)
“Dwelling unit”
means a structure or portion thereof containing a kitchen, living area, toilet and sleeping accommodations and designed as a unit to be occupied by no more than one family.
(S.G.C. 22.08.310; Ord. 02-1683 § 4, 2002)
“Easement”
means an interest in land owned by another that entitles the easement holder to a specified limited use or enjoyment of said area of land.
(S.G.C. 22.08.330; Ord. 02-1683 § 4, 2002)
“Family”
means any number of individuals related by blood or marriage; any number of individuals coming under the definition of “handicapped persons” in the Fair Housing Act, with such persons present as reasonable accommodation will require for such handicapped persons to occupy a dwelling; or an unrelated group of not more than five persons, living together as a single housekeeping unit in a dwelling unit.
(S.G.C. 22.08.360; Ord. 02-1683 § 4, 2002)
“Fence height”
means the vertical distance between the ground, either natural or filled, directly under the fence and the highest point of the fence. No fence shall exceed eight feet in height without a variance. Fences in the public and industrial zones may be no higher than 20 feet.
(S.G.C. 22.08.370; Ord. 02-1683 § 4, 2002)
“Floor area”
means the total horizontal area of each floor of a building within the surrounding outer walls exclusive of vent shafts and courts.
(S.G.C. 22.08.380; Ord. 02-1683 § 4, 2002)
“Garage”
means a building or portion thereof in which only motor vehicles used by the tenants of the building are stored or kept and in which gasoline, distillate or other volatile flammable liquids, or other household goods may be stored.
(S.G.C. 22.08.390; Ord. 02-1683 § 4, 2002)
“Mechanical repair garage”
means any garage, available to the public, operated for gain, and used for the storage, major mechanical repair including but not limited to engine, transmission or differential repair or replacement, greasing, washing, servicing or adjusting or equipping vehicles.
(S.G.C. 22.08.410; Ord. 02-1683 § 4, 2002)
“Garage sales”
means the sale or barter, by the owner or occupant of a residential structure, of miscellaneous personal property excess to the person’s needs. Garages sales can occur in any structure on the property.
(S.G.C. 22.08.420; Ord. 02-1683 § 4, 2002)
“Grade (ground level)”
means the average level of the finished ground at the center of all exterior walls of a building. In case walls are parallel to and within five feet of a public sidewalk, the ground shall be measured at the sidewalk.
(S.G.C. 22.08.430; Ord. 02-1683 § 4, 2002)
“Guest room”
means any room in a dormitory, boardinghouse or lodginghouse, or bed and breakfasts, or short-term rentals used for and maintained to provide sleeping accommodations for not more than two persons. Each 100 square feet or fraction thereof of floor area used for sleeping room purposes shall be considered a separate guest room and must be approved by the building official and fire chief.
(S.G.C. 22.08.440; Ord. 02-1683 § 4, 2002)
“Hazardous waste treatment”
means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume, as regulated by the state or its successor.
(S.G.C. 22.08.444; Ord. 02-1683 § 4, 2002)
“Home occupation”
means occupations conducted within a dwelling unit by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof nor involve persons other than the residents of the building. For specific details, see SGC § 22.20.060.
(S.G.C. 22.08.450; Ord. 02-1683 § 4, 2002; Ord. 12-31A § 4(G), 2012)
“Horticulture”
means the on-site production of plants or their products, including but not limited to gardening and fruit production. Horticulture does not include construction of accessory buildings other than those specifically allowed in the zoning districts. It also does not include such products as livestock, poultry, other animals, or the production of animal related products.
(S.G.C. 22.08.453; Ord. 09-51 § 4(E), 2009)
“Hostel”
means a place where travelers may stay for a limited duration at low cost in a facility operated by a nonprofit entity that is appropriately recognized by a state or national hostel organization that may include dormitory-like sleeping accommodations.
(S.G.C. 22.08.455; Ord. 05-47 § 4(A), 2005)
“Hotel”
means any building or group of buildings in which there are six or more guest rooms used, designed or intended for use for the purpose of offering to the general public lodging or food and lodging.
(S.G.C. 22.08.460; Ord. 02-1683 § 4, 2002)
“Household”
means a housekeeping unit consisting of any number of related persons; eight or fewer nonrelated, nontransient persons; or eight or fewer related and nonrelated nontransient persons, unless a grant of special or reasonable accommodation allows an additional number of persons.
(S.G.C. 22.08.461; Ord. 02-1683 § 4, 2002)
A. 
“Industrial”
means a use engaged in the manufacture of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products.
B. 
“Industrial” shall not include occupations conducted only by residents of the property without outside employees, such as pottery, weaving, woodworking and the like.
C. 
This definition of “industrial” shall not authorize uses of property which are prohibited by other ordinances in the same zone.
(S.G.C. 22.08.462; Ord. 02-1683 § 4, 2002)
“Junkyard”
means any lot or portion thereof used for the storage, salvage, keeping or abandonment of junk or waste material including worn out, wrecked, scrapped, partially or fully dismantled, discarded, tangible materials, combination of materials or items such as machinery, metal, rags, rubber, paper, plastics, chemicals and building materials which cannot, without further reconditioning, be used for their original purpose.
(S.G.C. 22.08.470; Ord. 02-1683 § 4, 2002)
“Kennel”
means a structure or lot on which four or more small domestic animals at least four months of age are kept.
(S.G.C. 22.08.475; Ord. 02-1683 § 4, 2002)
“Loading berth”
means an off-street space used for the temporary parking of commercial vehicles while unloading merchandise, materials or supplies at a building or structure and located upon the same lot as the building.
(S.G.C. 22.08.480; Ord. 02-1683 § 4, 2002)
“Lodge”
means a premises that provides lodging (room and board) accommodations during all seasons for use by visitors engaging in recreational activities and includes a variety of related services. Lodges on islands may include satellite small cabins along with the main structure.
(S.G.C. 22.08.485; Ord. 02-1683 § 4, 2002)
“Lot”
means a parcel of land shown as an individual unit on the most recent plat of record and intended to be used for one principal building and/or use.
Figure 22.05.850. Lot Types
(S.G.C. 22.08.490; Ord. 02-1683 § 4, 2002)
“Lot area”
means the total horizontal area within the boundary lines of a lot, excluding any street right-of-way or access easement.
(S.G.C. 22.08.495; Ord. 02-1683 § 4, 2002)
“Depth of lot”
means a mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot line.
Figure 22.05.880. Lot Depth
(S.G.C. 22.08.510; Ord. 02-1683 § 4, 2002)
“Front lot line”
means the lot line adjacent to any public street. In the case of a corner lot, the front line shall be considered to be along both street lot lines.
Figure 22.05.910, 22.05.920, 22.05.930. Lot Lines
(S.G.C. 22.08.535; Ord. 02-1683 § 4, 2002)
“Lot of record”
means an area or parcel of land as shown on an officially recorded plat or subdivision, or an area or parcel of land to which a deed or contract is officially recorded as a unit of property, or which is described by metes and bounds or as a fraction of a section.
(S.G.C. 22.08.563; Ord. 02-1683 § 4, 2002)
“Zero lot line”
is a structure containing two adjacent single-family housing units that share a common side or rear lot line and shall be provided one-hour fire rated assemblies on each side of the adjoining property line. The uses allowed in zero lot line, residential are limited to residential uses, home occupations as regulated by other sections of this title and day cares accommodating up to four children of paying non-family member clients. Also see “Residential zero lot line.”
(S.G.C. 22.08.580; Ord. 02-1683 § 4, 2002; Ord. 12-31A § 4(C), 2012)
“Manufactured home”
means a structure constructed on or after June 15, 1976, according to the United States Department of Housing and Urban Development (“HUD”) standards, transportable in one or more sections which, in the traveling mode is eight feet (2,438 millimeters) or more in width or 40 feet (12,192 millimeters) or more in length or, when erected on site, is 320 square feet (30 square meters) or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating and electrical systems. “Manufactured home” shall also include any structure which meets all the requirements of this definition listed above, except the size requirements, and has a manufacturer certificate required by HUD that complies with HUD standards for manufactured homes.
(S.G.C. 22.08.585; Ord. 10-12 § 4(A), 2010; Ord. 15-14 § 4, 2015)
“Marijuana”
means all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. “Marijuana” does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
“Marijuana cultivation facility”
means an entity registered to cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
“Marijuana cultivation facility, limited”
means a marijuana cultivation facility with fewer than 500 square feet under cultivation.
“Marijuana establishment”
means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store, or an on-site marijuana consumption facility.
“Marijuana product manufacturing facility”
means an entity registered to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
“Marijuana product manufacturing facility, extract only”
means an entity registered to purchase marijuana; manufacture, prepare, and package marijuana concentrate; and sell marijuana concentrate to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
“Marijuana products”
means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
“Marijuana retail facility”
means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers.
“Marijuana testing facility”
means an entity registered to analyze and certify the safety and potency of marijuana.
“On-site marijuana consumption facility”
means a marijuana retail facility that is authorized to sell marijuana and marijuana products for on-site consumption at the time of purchase and only in an area designated as the consumption area. On-site marijuana consumption facilities may not allow any person to consume, or bring into the designated consumption area, marijuana or marijuana products that were not purchased at the marijuana retail facility. The designated consumption area may be indoors or outdoors.
(S.G.C. 22.08.587; Ord. 16-11 § 4, 2016; Ord. 25-12 § 4, 2025)
“Mobile home”
means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight feet (2,438 millimeters) or more in width or 40 feet (12,192 millimeters) or more in length or, when erected on site, is 320 square feet (30 square meters) or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, and electrical systems.
(S.G.C. 22.08.590; Ord. 10-12 § 4(B), 2010; Ord. 15-14 § 4, 2015)
“Mobile/manufactured home subdivision”
means two or more mobile or manufactured homes or tiny houses or tiny houses on chassis on separate lots developed under the subdivision regulations and the conditional use procedures of this title, where mobile homes, manufactured homes, or tiny houses, or tiny houses on chassis, are permanently installed for residential use on individually owned parcels of property.
(S.G.C. 22.08.610; Ord. 02-1683 § 4, 2002; Ord. 20-02S(A) § 4, 2020)
“Motel”
means a building or group of buildings designed primarily for sleeping accommodations, with or without individual kitchen facilities, and specifically designed for transient or roadside traffic with either separate entrances or a common entrance directly to a convenient central parking facility.
(S.G.C. 22.08.620; Ord. 02-1683 § 4, 2002)
“Natural resource extraction”
means commercial or industrial operations involving the removal of timber, native vegetation, peat, mulch, topsoil, fill, sand and gravel, rock or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and other equipment such as crushers.
(S.G.C. 22.08.630; Ord. 02-1683 § 4, 2002)
“Nonconformity”
means any lot, structure, use of land, use of a structure or characteristics of such use which does not conform to the terms of this title but which was in lawful and active use on the effective date of the ordinance codified in this title.
(S.G.C. 22.08.640; Ord. 02-1683 § 4, 2002)
“Office”
means a building, or part thereof, designed, intended or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or, where not conducted on the site thereof, the administration of an industry, but shall not include a retail commercial use, any industrial use, or place of amusement or place of assembly.
(S.G.C. 22.08.645; Ord. 02-1683 § 4, 2002)
“Or related zones”
applies to the extension of a particular zoning district such as R-1 or R-2. R-1 or related zones includes R-1, R-1 MH, R-1 LD, and R-1 LDMH. R-2 or related zones includes R-2 and R-2 MHP. SF or related zones includes SF and SFLD. C-1 or related zones includes C-1 and C-2.
(S.G.C. 22.08.648; Ord. 02-1683 § 4, 2002)
“Public parking”
means a structure or open area other than a street, alley or other right-of-way used for the temporary parking of automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
(S.G.C. 22.08.660; Ord. 02-1683 § 4, 2002)
“Off-street parking space”
means a 10-foot by 20-foot space located off any street, alley or other right-of-way which is adequate for parking an automobile with room for opening doors and adequate maneuvering room on a parking lot with access to a public street or alley. Requirements for off-street parking are found in SGC § 22.20.100.
(S.G.C. 22.08.670; Ord. 02-1683 § 4, 2002)
“Personal service”
means businesses engaged in providing care of the corporeal person or his/her apparel such as accounting, tax preparation, hair care, massage therapists, tailoring, etc., not including health care.
(S.G.C. 22.08.685; Ord. 02-1683 § 4, 2002)
“Planned unit development”
means a group or combination of dwellings and uses developed as a functional unit under conditional use and site plan approval procedures, the plan of which may not conform to the regulations established in any one or more zoning districts with respect to lot size, mixture of uses, density, lot coverage, access or required open space.
(S.G.C. 22.08.690; Ord. 02-1683 § 4, 2002)
“Profession”
means an occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; e.g., doctor of medicine, lawyer, engineer, computer specialist, etc.
(S.G.C. 22.08.700; Ord. 02-1683 § 4, 2002)
“Quasi-institutional home”
means a residential facility located in a residence or living unit, the principal use being to serve as a place for no more than six persons in an R-1 zone and 20 persons in an R-2 or larger zone seeking rehabilitation, counseling, self-help and family environment. This definition shall not include dwellings intended for use as a family setting for handicapped persons as defined in the Fair Housing Act.
(S.G.C. 22.08.710; Ord. 02-1683 § 4, 2002)
“Recreational vehicle” or “travel trailer”
means a motor vehicle or portable vehicular structure capable of being towed on the highways by a motor vehicle, designed and intended for casual or short-term occupancy for travel, recreational and vacation uses, identified by a model number, serial number, and vehicle registration number, and equipped with limited pressure water storage, sewage holding tank and other such self-contained living facilities.
(S.G.C. 22.08.712; Ord. 02-1683 § 4, 2002)
“Zero lot line, residential”
is a structure containing two adjacent single-family housing units that share a common side or rear lot line and shall be provided one-hour fire rated assemblies on each side of the adjoining property line. The uses allowed in zero lot line, residential are limited to residential uses, home occupations as regulated by other sections of this title and day cares accommodating up to four children of paying non-family member clients. Also see “Lot line, zero.”
(S.G.C. 22.08.722; Ord. 12-31A § 4(D), 2012)
“Setback”
means the distance between the lot line and the building line. The building line shall include eaves, open porches and other such projections beyond the foundation.
(S.G.C. 22.08.730; Ord. 02-1683 § 4, 2002)
“Sign”
means any device, flag, light, figure, picture, letter, message, symbol, plaque or poster visible out-side the lot on which it is located and which is designed to inform or attract the attention of the public, excluding murals or architectural designs which do not advertise a business, product or service.
(S.G.C. 22.08.736; Ord. 02-1683 § 4, 2002)
“Sign area”
means the area of the smallest rectangle that can be drawn around all parts of the sign from the viewpoint exposing the largest surface area, excluding simple support structures. Sign supporting structures which are part of the sign display shall be included in the area of the rectangle.
Figure 22.05.1320. Sign Area
(S.G.C. 22.08.737; Ord. 02-1683 § 4, 2002)
“Permanent sign”
means a sign nailed, glued, screwed or similarly fastened to foundation systems capable of holding it in position under an imposed wind load of 25 pounds per square foot or the design requirements of Chapter 23 of the Building Code.
(S.G.C. 22.08.742; Ord. 02-1683 § 4, 2002)
“Temporary sign”
means a sign or advertising display intended to be displayed for a limited time not to exceed 30 days in one calendar year or for a fixed event and not permanently affixed to a structure or the ground.
(S.G.C. 22.08.743; Ord. 02-1683 § 4, 2002; Ord. 03-1746 § 4, 2003)
“Site plan”
means a scale drawing which shows the areas and locations of all buildings, streets, roads, improvements, easements, utilities, open spaces and other principal development features for a specific parcel of property.
(S.G.C. 22.08.744; Ord. 02-1683 § 4, 2002)
“Binding site plan”
means a site plan reviewed and approved pursuant to this title, containing the inscriptions or attachments setting forth the limitations and conditions of use for a specific parcel of property and meeting the requirements of the municipal engineer.
(S.G.C. 22.08.745; Ord. 02-1683 § 4, 2002)
“State highway”
means a street, road or other right-of-way owned and maintained by the state of Alaska or the municipality, usually considered the largest within the road system and intended to provide large scale transportation over long distance.
(S.G.C. 22.08.750; Ord. 02-1683 § 4, 2002)
“Sports club”
means a public facility used by all age groups for athletic and recreational type activities to promote overall wellness. Recreational use and activities are conducted almost wholly outdoors, including golf driving ranges (not associated with a golf course), miniature golf, firing ranges, water parks, amusement parks, yacht clubs, and similar uses.
(S.G.C. 22.08.751; Ord. 03-1750 § 4, 2003)
“Story”
means that portion of a building between any floor and the next floor above or below, except that the topmost story shall be that portion of a building between the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement floor, cellar floor or unused floor space is more than six feet above grade at any point, such a basement cellar or unused floor space shall be considered a story.
(S.G.C. 22.08.760; Ord. 02-1683 § 4, 2002)
“Street”
means a permanently designated right-of-way, open to general public use, which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway and any other similar public thoroughfare, except an alley as defined herein.
(S.G.C. 22.08.770; Ord. 02-1683 § 4, 2002)
“Structure”
means anything including membrane structures which is constructed or erected and which is located on or under the ground or attached to something fixed to the ground not including utility poles and related ground or padmounted equipment, residential fences less than eight feet high, retaining walls, rockeries, and other similar improvements of a minor character less than three feet high.
(S.G.C. 22.08.780; Ord. 02-1683 § 4, 2002; Ord. 03-1746 § 4, 2003)
“Tank farms”
means any and all lots that contain one or more tanks or enclosed storage facilities with an aggregate total capacity capable of holding 10,000 gallons of a liquid or more, and designed for the purpose of containing fluids other than water.
(S.G.C. 22.08.790; Ord. 02-1683 § 4, 2002)
“Tidelands”
means property along the road system submerged, periodically submerged, below mean high higher water on the seaward side of a developed street right-of-way. The tidelands are also outside of the road system and include any property currently or formerly below mean high higher water.
(S.G.C. 22.08.797; Ord. 02-1683 § 4, 2002)
“Tiny house on chassis”
means a dwelling that is 400 square feet or less in floor area excluding lofts and is on a chassis with or without wheels. Exception: Recreational vehicles, self-propelled vehicles, and fifth-wheel trailers are not considered tiny houses on chassis.
(S.G.C. 22.08.799; Ord. 20-02S(A) § 4, 2020)
“Townhouse”
means a building containing physically contiguous attached single-family dwelling units, each being separated from the adjoining units by an approved party wall or fire wall extending from the basement or cellar floor to the roof.
Figure 22.05.1540. Townhouse Development
(S.G.C. 22.08.800; Ord. 02-1683 § 4, 2002)
“Variance”
means the relaxation of the strict application of the terms of this title to a proposed development to be constructed in the future. This definition shall not be construed to permit any use in any district in which that use is prohibited by the district regulations.
(S.G.C. 22.08.850; Ord. 02-1683 § 4, 2002)
“Vessel”
means a watercraft that is self-propelled or propelled manually or by wind and is used as a means of transportation in navigation or commerce on water and includes small rowboats and sailboats.
(S.G.C. 22.08.851; Ord. 03-1750 § 4, 2003)
“Walkway”
means a hard surfaced portion of a street, right-of-way, trail, ramp or easement intended for private or public pedestrian use.
(S.G.C. 22.08.853; Ord. 02-1683 § 4, 2002)
“Watercourse”
means the course or route followed by waters draining from the land, formed by nature or human activity and consisting of a bed, banks, sides and associated wetlands and headwaters. A watercourse shall receive surface and subsurface drainage waters and shall flow with some regularity, but not necessarily continuously, naturally and normally, in draining from higher to lower lands. The watercourse shall terminate at the point of discharge into a larger receiving body such as a lake. Watercourses shall include sloughs, streams, creeks and associated wetlands.
(S.G.C. 22.08.855; Ord. 02-1683 § 4, 2002)
“Wetland”
means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands.
(S.G.C. 22.08.860; Ord. 02-1683 § 4, 2002)
“Front yard”
means a yard extending the full width of the lot across the front adjoining any public street and measured horizontally at right angles to the front lot line or future street right-of-way line. On corner lots where two streets intersect, said lot shall contain two front yard setbacks, one adjacent to each street.
(S.G.C. 22.08.870; Ord. 02-1683 § 4, 2002)
“Rear yard”
means a yard extending the full width of the lot across the rear of the lot and measured horizontally at right angles to the rear lot line.
(S.G.C. 22.08.880; Ord. 02-1683 § 4, 2002)
“Side yard”
means a yard extending from the front yard to the rear yard and measured horizontally at right angles to the side lot line.
Figure 22.05.1650, 22.05.1660, 22.05.1670. Yards and Setbacks
(S.G.C. 22.08.890; Ord. 02-1683 § 4, 2002)