Wasilla Municipal Code Page 1 of 5

16.04.070 Definitions.

When used in this title, the following words and phrases shall have the meanings set forth in this section:

"Accessory use or structure” means a use or structure customarily subordinate or incidental to a primary use, and located on the same lot with the principal use or building and includes garages, required parking areas, small parks or playgrounds, livingquarters necessary for caretakers, guards or employee overnight accommodations.

"Adjacent or adjoining lot" means those lots which share a lot line with another lot, and which would share a common lot line if lot lines were extended through any public right-of-way.

"Agriculture"is a use involving the commercial growing of vegetation or the raising, controlled breeding, management, or keeping of beehives, farm animals, or poultry. Animals may be bred and raised for utility (e.g., meat, milk, eggs, fur), sport, pleasure, or research.

"Beehive” means a manmade housing structure for the keeping of bee colonies and production of honey.

"Due deference" means that deference which is appropriate in the context of the reviewing party's expertise and area of responsibility, and all the evidence available to support any factual assertions.

"Exoticanimal” means any animal not otherwise identified in the definitions provided in this section that is native to a foreign country or of foreign origin or character, or was introduced from abroad and is not native to the state of Alaska. This term specifically includes animals such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, alligators, and water buffalo, and species of foreign domestic cattle, such as ankole, gayal, and yak,and any animals regulated by the State of Alaska Department of Fish and Game. Exotic animals that are typically kept as indoor pets are exempt from this definition.

”Farm animal” means any domestic species of cattle, sheep, swine, goat, horse, mule, donkey, llama, and alpaca which is normally and has historically been kept and raised on farms in the United States and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency.This term also includes animals such as rabbits, mink, and chinchilla when they are used solely for purposes of meat or fur.

"Fence" means an artificiallyconstructed barrier of any material or combination of materials erected to enclose or screen an area, except in provisions of this title concerning landscaping, where ”fence” means a sight—obscuringbarrier constructed of wood, metal, fiberglass or masonry, or a combination Wasilla Municipal Code Page 2 of 5

thereof. Fences used for the keeping of farm animals must be constructed and maintained in a manner that will effectively contain the animals and protect adjacent lots from intrusion,

"Poultry” means chickens, doves, ducks, geese, grouse, ptarmigan, pigeons, quail, swans, guinea fowl, peacocks, and turkeys.

”Wild animal” means any animal which is now or historicallyhas been found in the wild, or in the wild state, within the boundaries of the United States, its territories, or possessions. This term includes, but is not limited to, animals such as: moose, caribou, elk, mink, Dall sheep, deer, bear, coyote, squirrel, fox, and wolf. Also included are any animals regulated by the State of Alaska Department of Fishand Game.

16.16.060 Specific approval criteria.

The following uses are subject to the preceding general criteria and these additional approval standards:

E. Farm Animals, Poultry, and Beehives. Farm animals, poultry, and beehives are allowed as indicated in the district use chart in WMC 16.20.020(A) as an accessory use subject to the standards below. The uses identified in this section are not subject to the provisions in WMC Title Z.The keeping of these uses consistent with the terms of this title does not in and of itself constitute a nuisance or a disturbance.

1. Farm Animals. The keeping of farm animals is subject to the following standards:

a. In the Rural Residential zoning district Farm animals are prohibited on lots with a total lot area of less than 40,000 square feet. In all other residentially zoned districts, farm animals are prohibited on lots with a total lot area of less than 65 340 square feet (one and one«half acres);

b. A suitable fence must be provided to safely contain the farm anima|(s);

c. Stables or buildings used as shelter or storage of food for farm animals must be a minimum of 25 feet from any exterior lot line;

d. Allfenced areas, pens, enclosures, stables, shelters, or other similar buildings or uses for a farm animal must be a minimum of 75 feet from the high water mark of any water course or body of water, excluding manmade ponds on private property;

e. Allfacilities shall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells and substances to the greatest Wasilla Municipal Code Page 3 of 5

extent feasible. The facilities may not create a nuisance nor disturb neighboring residents due to excessive noise, odor, damage, or threats to public health. No storage of manure or other waste materials shall be permitted within 50 feet of any exterior lot line;

f. On lots with a minimum lot area of 40,000 square feet or more in the RR,R1, or R2 zoning districts, the followingfarm animals are allowed. Additional farm animals in the quantities indicated below may be allowed for each additional 20,000 square feet of lot area:

i. One farm animal (with an adult weight of 250 pounds or greater); or

ii. Ten or fewer rabbits or similarlysized farm animals; or

iii. Three or fewer animals with an adult weight less than 250 pounds;

g. In the industrial zoning district, farm animals are only allowed as an accessory use to a primary industrial use; and

h. If the applicant does not own the property, written proof of the owner's consent must be submitted with the application.

2. Poultry The keeping of poultry is allowed as an accessory use to a residential dwelling and must meet the following standards:

a. Excessivelynoisy poultry including, but not limited to, roosters, turkeys, guinea fowl, peacocks, or geese are prohibited unless the total lot area is a minimum of 80,000 square feet and the animals and supporting structures and pens are a minimum of 100 feet from an adjoining lot;

b. Allpoultry must be contained by a suitable structure, fenced enclosure, pen, and/or fenced area that safely contains the poultry at all times. Allstructures, enclosures, and pens must meet the following dimensional standards:

i. Maximum height of structures, coops, enclosures, or runs is 15 feet in height;

ii. Allfacilitiesshall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells and substances to the greatest extent feasible. The facilitywill not create a nuisance or disturb Wasilla Municipal Code Page 4 of 5

neighboring residents due to excessive noise, odor, damage, or threats to public health; and

iii. Chicken coops or other shelters may not be located in a front yard or side yard that abuts a street in the R1, R2, and RM zoning districts;

C. No storage of manure shall be permitted within 50 feet of the exterior lot line;

d. If the applicant does not own the property, written proof of the owner's consent must be submitted with the application;

e. All structures, runs, and enclosures must be a minimum of 25 feet from residential dwellings on neighboring lots. For lots with more than one dwelling on the same lot, the structures, runs, and enclosures must also be a minimum of 25 feet from all other dwellings on the lot except the poultry owner's dwelling;

f. On lots with a total area less than 40,000 square feet, the following additional standards apply:

i. Maximum of six poultry any age) on lots up to 20,000 square feet and a maximum of 12 poultry on lots greater than 20,000 square feet and less than 40,000 square feet. P% ;

ii. Free—rangingwithin fenced yards is only allowed under direct supervision by the poultry owner and with consent of all tenants and/or property owners who have legal access to the premises at the time of permit application;

g. On lots with a total area of 40,000 square feet or greater, the following additional standards apply:

i. Maximum of 15 poultry on lots between 40,000 square feet but less than 50,000 square feet; an additional three poultry are allowed for each additional full 10,000 square feet of lot area. No proration of the number of poultry is allowed for lots with less than a full 10,000 square feet of lot area. Poultry under the age of six months do not count towards thealleweet numbers the maximum number of poultw identified above for lots greater than 80 000 square feet in area. For lots less 80,000 square feet, the maximum number of poultry under the age of six months is 24. Wasilla Municipal Code Page 5 of 5

h. In the industrial zoning district, poultry is only allowed as an accessory use to a primary industrial use.

3. Beehives.The following standards apply:

a. Beehives are allowed in all zoning districts as an accessory use;

b. Four beehives are allowed per 10,000 square feet of lot area. No proration of the number of beehives is allowed for lots with less than a full 10,000 square feet of lot area;

c. Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end, colonies shall:

i. Be situated at least 25 feet from any lot line not in common ownership; or

ii. Oriented with entrances facing away from adjacent property; or

iii. Placed at least eight feet above ground level; or

iv, Placed behind a fence at least six feet in height and extending at least 10 feet beyond each hive in both directions;

d. The maximum height for a beehive at ground level is eight feet measured from the base of the beehive, inclusive of any temporary or permanent stand or foundation. Beehives are permitted on rooftops or elevated decks; provided, that the beehive does not exceed five feet in height above the surface of the rooftop or deck and the rooftop or deck is a minimum of eight feet above ground level;

e. If the applicant does not own the property, written proof of the owner's consent must be submitted with the application; and

f. Allbeekeeping shall comply with applicable laws and regulations.

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ARTICLEII. — ZONINGDISTRICTS

49.25.20O - RR, rural reserve district.

The RR, rural reserve zoning district, is intended for lands primarily in public ownership managed for the conservation and development of natural resources and for future community growth. In addition, recreation cabins, lodges and small seasonal recreational facilities may be allowed.

(Serial No. 87-49, § 2, 1987)

49.Z5.21O - Residential districts.

The following districts are established to provide a healthy, safe and pleasant environment for residential living protected from incompatible and disruptive activities: (a) The D—1,residential district, is intended to accommodate primarily single-family and duplex residential development in areas outside the urban service boundary at a density of one dwelling unit per acre. Certain D-1 zoned lands, however, may exist within the urban service boundary in transition areas if public sewer or water are absent but planned for. The D-1 classification willbe changed to a higher density upon provision of services. The D-3, residential district, is intended to accommodate primarily single-family and duplex residential development at a density of three dwelling units per acre. D-3 zoned lands are primarily located outside the urban service boundary where public utilities are not provided. The density reflects the existing pattern of development of properties in the district. There is a limited amount of D-3 zoned lands located within the urban service boundary. These are lands for which a lower density is deemed appropriate or, in the case of transition zones, where the zoning will be changed to a higher density when sewer and water are provided. The D-5, residential district, is intended to accommodate primarily single-family and duplex residential development at a density of five dwelling units per acre. D—5zoned lands are located in the urban service boundary and are served or can be served by public water and sewer. (d) The D-10 SF, residential district, is intended to accommodate primarily single-family residential development at a density of ten dwelling units per acre. This is the highest—density single-family residential district. (e) The D-10 and D-15, residential districts, are intended to accommodate primarily multifamily residential development at ten and 15 units per acre respectively. These are relatively low- density multifamily districts. (f) The D—18,residential district, is intended to accommodate primarily multifamily development at a density of 18 dwelling units per acre. This is a high density multifamily zoning district intended to accommodate midrise—typedevelopment.

(Serial No. 87-49, § 2, 1987; Serial No. 2007-39, § 7, 6-25-2007)

49.25.220 - Mixed use districts.

The mixed use and mixed use 2 districts are established to accommodate a mix of appropriate commercial and residential uses. (3) The MU, mixed use district, reflects the existing downtown development pattern and is intended to maintain the stability of the downtown area. Multifamily residential uses are allowed and encouraged. Juneau

(b) The MU2, mixed use 2 district, is intended to place a greater emphasis on residential development than is the case in the MU district. A range of residential development types is allowed. Multifamily residential uses are allowed at a density of up to 80 units per acre.

(Serial No. 87-49, § 2, 1987; Serial No. 98-09, § 3, 1998; Serial No. 2012-24, § 2, 5-14-2012, eff. 6- 14-2012)

Administrative Code of Regulations cross reference— Mix use development, Part IV, § 04 CBJA C 035.010.

49.25230 — Commercial districts.

The following districts are established to accommodate commercial activities: (a) The LC, light commercial district, is intended to accommodate commercial development that is less intensive than that permitted in the general commercial district. Light commercial districts are primarily located adjacent to existing residential areas. Although many of the uses allowed in this district are also allowed in the GC, general commercial district, they are listed as conditional uses in this district and therefore require commission review to determine compatibility with surrounding land uses. A lower level of intensity of development is also achieved by stringent height and setback restrictions. Residential development is allowed in mixed- and single-use developments in the light commercial district. (b) The GC, general commercial district, is intended to accommodate most commercial uses. Commercial activities are permitted outright in the zone except for those few uses that are listed as conditional uses to ensure compatibility. Residential development is allowed in mixed- and single—use developments in the general commercial district.

(Serial No. 87-49, § 2, 1987; Serial No. 2012-24, 5 2 5-14-2012, eff. 6-14-2012)

Cross reference— Business regulations, CB} Code tit. 20.

49.25.240 — I, industrial district.

The I, industrial district, is intended to accommodate industrial activity which includes manufacturing, processing, repairing and assembling goods. Because of noise, odors, waste and other impacts inherent in industrial activity, performance standards are applied.

(Serial NO. 87-49, § 2, 1987; Serial No. 2012-24, Q2, 5-14-2012, eff. 6-14-2012)

Cross reference— Business regulations, CBJ Code tit. 20.

49.25250 — Waterfront districts.

The following districts are established to accommodate those uses that are dependent or directly related to the water, a waterfront location, or both. These districts regulate development of the waterfront to take advantage of the unique attributes and limitations of its lands: (a) The WC, waterfront commercial district, is intended to provide both land and water space for uses which are directly related to or dependent upon a marine environment. Such activities include private boating, commercial freight and passenger traffic, commercial fishing, floatplane operations, and retail services directly linked to a maritime clientele. Other uses may be Juneau

permitted if water—dependent or water—oriented. Residential development is allowed in mixed- and sing|e—use developments in the waterfront commercial district. (b) The WI, waterfront industrial district, is intended for industrial and port uses which need or substantially benefit from a shoreline location. In addition, many of the uses that are allowed in the WC, waterfront commercial district, are also allowed in the WI, waterfront industrial district. Residential uses are limited to caretaker residences in the waterfront industrial district.

(Serial No. 87-49, § 2, 1987; Serial No. 90-52, § 2, 1990; Serial No. 2012-24 8 2 5-14-2012, eff. 6- 14-2012)

Cross reference— Water and harbors, CBJ Code tit. 85. Anchorage

21.04.0lO - General provisions.

This chapter establishes the zoning districts and contains basic information pertaining to zoning districts, including statements of purpose and district-specific regulations. The following chapters 21.05 and 21.06 set forth the uses allowed within the districts and the dimensional standards applying to development in the districts, respectively. A. Districts established; zoning map. 1. Purpose. The municipality is divided into zoning districts in order to achieve the purposes of this title established in Chapter 21.01, which include implementation of the comprehensive plan, and its land use plan map. 2. Zoning districts established. The following zoning districts are established:

TABLE21.0 1: ZONING DlSTR|CTS ESTABLISHED

District Type Abbreviation District Name

R-1A Single—Fami|yResidential (larger lot) r ,.__,.,._,._F ,,.m,.,._e_.._...__z ' R—2A Two—FamilyResidential (larger lot)

‘ T‘ 1 ""““"l"""' _ R-ZD ( Two—FamilyResidential , E l . I . R—2M Mixed Residential l i l

’ l“TTTT"'”“"T””"T"‘"‘”'“T““”TTT“T"”“T"'"T""’""”TT'T'"TT R-3 Mixed Residential 3 ’( l Residential Districts Mm‘-R‘-’3dAw Residentialmlf/(lixed—Use

‘ A R-4 Multifamily Residential Q l___ J __ R—4A Multifamily Residential Mixed-Use li R-5 Low—DensityResidential

Low-Density Residential (1 acre').~

. -. "W. .... aw. l R-7 Single—Fami|yResidential (20K) I i E L...... -..,e.i,.,._.,_,wM...... __,,z_z._.,$-_i R-8 l Low-Density Residential (4 acres) Anchorage

3 R-9 Low-Density Residential (2 acres) ‘ I R—1O Low—DensityResidential, Alpine/Slope !

_. . l K B—1A Local and Neighborhood Business I , .... ._...._.l 5 B-1B Community___"__.lBusiness I Fw"“”’j’ . B-3 | General Business ,I

. . DT-1 Downtown Core . Commercial Districts I DT—2 Downtown Mixed—Use L i I DT-3 Downtown Mixed—UseResidential

R0 Residential Office I . L.._s.~«..s...s,.m...... _.__»..e».....s~....”~..m~ MC Marine Commercial l l I-1 Light Industrial J l E 5 Industrial Districts I-2 Heavy Industrial E E I . MI Marine Industrial l

% A Airport

- . l I AF Antenna Farm

J w»~—~—~ DR Development Reserve

I Other Districts PCD Planned Community Development

. ---——~——--—-————~—~ PLI Public Lands and Institutions

I ”““""“‘”“"“"“j"""""“"" PR Parks and Recreation

. —--;—~——~—-——~—~—~«—-—-~«-~———~« TA Turnagain Arm Anchorage

1 TR Transition WS _T%”wW Watershed ~_1,_el,_m,.W,______.m__z--.a l ______m_ MW T LLLLLL Overlay Zoning Districts CCO 2 Commercial Center Overlay

M 3 l Girdwood Districts Girdwood districts are set forth in chapter 21.09, Girdwood. '

Chugiak-Eagle River ; Chugiak-Eagle River districts are set forth in chapter 21.10, Chugiak—Eagle I Districts } River. -- __$#__...-%%%%£W.__%wi« _4

3. Zoning map. The zoning districts are shown on the official zoning map (see Section 21.01.050). Procedures for amending the zoning map are in Section 2103.160, Rezonings (Zoning Map Amendments). B. Relationship to overlay districts. All lands within the municipality shall be designated as one of the base zoning districts set forth in Sections 2104.020 through 21.04.060. In addition, some lands may be designated as one or more of the overlay districts set forth in Section 21 04070. Where the property is designated as an overlay district as well as a base zoning district, the regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying base district. In the event of an express conflict between the two sets of standards, the standards for the overlay district shall control.

(AO 2012-124(S), 2-26-13; AO 2013-117,12-3-13;AO No. 2017-176 , §2, 1-9-18)

L ___._. _. _ z1 _, Anchorage Municipal Code — 21.05070 - Accessory uses and structures

12. Large domestic animalfacility (four or more animals). 3. Definition.The keeping, harboring, riding,.boarding,stabling, training, exercising, breeding, or related use of four or more large domestic animals regardless ofanimal ownership, and the associated structure(s) such as a paddock, stable, or barn. Operation of a large domestic animal facility is not a home occupation. b. Use—specificstandards. i. Lotsize. The minimum lot size for a large domestic animal facility of four animals is 40,000 square feet. An additional 10,000 square feet is required for each animal over four. Application for an administrative variance from the minimum lot size may be made to the department pursuant to subsection 21.03.2410J. ii. Adjacent/ots. Adjacent lots may be used in square footage calculations for site size only. if the adjacent lots are not under single ownership, the lot owners shall submit a recorded joint usage agreement for review and approval by the director. In such cases, setback requirements shall not apply to the interior lot lines between the applicable lots, and a primary use need not be located on the adjacent lot. iii. Setbacks. Notwithstanding the setbacks of the underlying zoning district, covered structures associated with a large domestic animal facility, such as a stable or barn, shall be set back at least 25 feet from any abutting lot line, not including interior lot lines between lots in common ownership. Uncovered enclosures shall meet one of the following setback options: (A) Seventy—fivefeet from residences existing on February 28, 2006, not including any residence in common ownership with the large domestic animal facility; or (B) Ten feet from any abutting lot line, not including interior lot lines of lots in common ownership, if the separation area is vegetated with L2 buffer landscaping. iv. Structures. The square footage of any single large domestic animal facility structure shall not exceed ten percent of the lot size, up to a maximum of 8,000 square feet. v. Fences. Barbed wire shall not be used for fencing ofany large domestic animal facility. vi. Commercial activity. Commercial activity associated with large domestic animal facilities, such as boarding or riding lessons, is permitted. vii. Other Requirements. Large domestic animal facilities shall: (A) Meet the requirements of AMC Chapter 15.20 regarding animal waste, AMC subsection 1S.55.060 B. concerning separation requirements from water supply wells, and Section 21.07.020concerning stream protection setbacks; (B) Obtain an animal control facility license; (C) Obtain certification of compliance with a State of Alaska, Anchorage soil and water conservation district conservation plan, or obtain a letter from the district showing demonstrated intent to come into compliance with a conservation plan within one year; and (D) Comply with licensing and other laws concerning the keeping ofanimals as set forth in AMC Titles 15,17, and 21. C. Large domestic animal facilitiesthat do not meet these standards. Large domestic animal facilities that exceed the use—specificstandards listed above for site area, structure size, or number ofanimals, may be allowed by conditional use, pursuant to Section 2103.080. Anchorage Municipal Code — 21.05.070 — Accessory uses and structures

14. Outdoor keeping ofanimals. 3. De?nition.Restraining or restricting the movement of animals outside of a principal structure, by any means not involving the continued presence and/orparticipation of a human being. b. U5e—spec/ficstandards. i. One to three large domestic animals may be kept outdoors on lots of 20,000 square feet or greater, but any structures or enclosures for keeping such animals shall meet the setback standards of subsection 21.05.07OD.12.b.iii. ii. The following standards apply to the outdoor keeping of all animals except for dogs, domestic cats, and large domestic animals: (Al Animals kept outdoors in accordance with this section shall be contained by a structure, fenced enclosure, or pen at all times. (B) Animals under this section shall not be kept outdoors in manufactured home communities, except for when the following standards are met: (1) Any structure, fenced enclosure, or pen for the outdoor keeping of animals shall be at least 20 feet from any residence, not including the residence of the owner of the animal(s). (2) No nonconforming rights for the outdoor keeping of animals in a manufactured home community shall be established. If at any time the separation distance ofsubsection ii.(B)(l) is no longer achieved, the animal(s) shall no longer be kept outside. (C) On lots of 40,000 square feet or greater, the following shall apply: (1) No more than one animal per 1,000 square feet of lot area may be kept outdoors. (2) Structures for the outdoor keeping of animals shall not encroach into the setbacks of the zoning district and shall be at least ten feet from any lot line. (3) A facility license may be required pursuant to Title 17. (D) On lots smaller than 40,000 square feet, the following shall apply: (1) Excessively noisy animals such as roosters, turkeys, guinea fowl, peacocks, or geese are prohibited. (2) Up to five animals may be kept on lots of 6,000 square feet or less, with an additional one animal per additional 1,000 square feet of lot area. A facility license may be required pursuant to Title 17. (3) Structures for the outdoor keeping of animals shall not encroach into the setbacks of the zoning district and shall be at least ten feet from any lot line. (4) It shall be unlawful for any owner or custodian of an animal under this section to permit it to make chronic animal noise, as defined in AMC Section 17.05.010. Anchorage Municipal Code — 2l.O5.070 — Accessory uses and structures

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17.10365 — Animals.

In the Single, Sing|e—Family/Two-Family and Multi—FamilyResidential Districts and on properties in the Rural Residential District 1‘/2 acres or less in size, the keeping of farm or wild animals shall be prohibited. The keeping of dogs in a noncommercial kennel is a permitted accessory use in all zoning districts. No animals shall be kept in any district in such a manner as to create health, noise, odor or visual impacts upon neighboring properties. (See Animal Control, Chapter 6 of the Soldotna Municipal Code).

(0rd. 692 § 1, 1999) 8/6/2018 Soldotna, AK Code of Ordinances

17.10 230 4 Rural Residential District (RR).

A. Intent . The Rural Residential District (RR) is intended to provide for stable, quiet, and low density residential development and other uses which are both compatible with the maintenance ofa rural, open environment and convenient to the residents of such a district.

B. PermittedPringipe sesend Structure; .The following principal uses and structures are permitted in the RR District: 1) Dwellings: single-familyand two-family?

2) Farming/general agriculture on properties greater than 1 ‘/2acres in size;

3) Mobile homes not in parks, provided not more than 2 mobile homes shall be allowed on a single lot or parcel;

4| Parks and day~use playgrounds; and

5) Camping is limited to two tents or RV units for a maximum of 30 days within one calendar year. C. Conditional Uses and Structures . The following conditional uses and structures may be approved in the RR District, subject to the general standards and procedures fou rid in Segtign 17.1Q,400 Conditional Uses, any specific standards cited with the use, and any special conditions imposed by the Commission:

1) Animal care: boarding, commercial kennels, veterinary hospital/clinics and similar uses;

2) Boat mooring basins and launching sites; 3) Campgrounds, including recreational vehicle campgrounds:

4) Cemeteries, provided the site is screened from adjoining lots;

5) Churches and similar religious facilities;

6) Clubs, private lodges, fraternal organizations and other similar civic, charitable or social establishments;

7) Day care centers, provided the use complies W)tl'\ requirements of the State, and the play area is screened from any adjoining lot in any residential district:

8) Dwellings: multi-family, condominium, and townhouses subject to the provisions of17.1U.290'

9) Greenhouses (commercial), tree nurseries, and similar uses;

10) Guide services, including fishing, hunting, and tour, provided these activities shall be owner occupied and owner operated;

11) Institutions: health care, including nursing or convalescent homes and other similar establishments, provided the use complies with requirements of the State;

12) Lodging: bed and breakfast establishments, provided they shall be owner occupied and owner operated, rent no more than 3 guestrooms, have no more than 2 beds in each guestroom, and not be rented to any individual guest for more than 1 month; 13) Lodging: recreational, including hunting and/or fishing lodges; 14) Lodging: boardinghouses:

15) Mobile home parks, provided they meet the requirements set forth in Section 17.10370 Mobile Home Parks;

16) Personal services: art studios, barbers, beauticians, dressmakers, photographic studios, and tailors;

17) Transmission towers, including radio, television, and other communication towers, provided a setback equal to the height ofthe tower or structure is maintained on all sides of the structure and no approach or other airspace zones of the airport are penetrated; 18) Recreation facilities: golf courses, miniature golf, and sports ?elds; 19) Schools: elementary, secondary, college, and vocational/technical schools;

y see end Str ct res.Accessory uses and structures are permitted, including home occupations, which are clearly incidental to and customarily found in connection with the principal uses and structures and which comply with the special requirements found in Section 17.1 .305 Accessory Uses and Structures, and Section 17.10.315 Home Occupations. E, genera Stendgrds .The following general standards shall apply:

1) Minimum lot size: 40,000 square feet; 2) Minimum lot width: 125 feet;

3) Maximum lot coverage: 30 percent; 4) Maximum building height: 36 feet;

5) Minimum Yards: front yard- 20 feet, rear yard‘ 20 feet, side yard- 10 feet; 6) Off-street parking and loading shall be provided as required in Segtien Z Q331! Off-Street Parking and Loading; and 7) Landscaping shall be provided as required in Section 17.10.335 Landscaping.

(Ord.692§1,1999)

(Ord. Ne. 201§-036,111 -Z5-201$)

17.10.26!) » Limited Commercial District (LC).

A. Intent. The Limited Commercial District (LC) is intended to provide transition areas between commercial and residential districts by allowing low volume business, mixed residential.and other compatible uses which complement and do not materially detract from the uses allowed within adjacent districts. Permitted Principal Uses and Structures. The following principal uses and structures are permitted in the LC District, provided the gross floor area for some uses as noted below does not exceed one thousand three hundred square feet, subject to the general standards provided in subsection Eof this

1/6 8/6/2018 Soldotna, AK Code of Ordinances

section:

Community residences: community residences for the handicapped and emergency sheiters;

Day care centers; Dwellings: single-family, two-family, multi-family, condominium, and townhouses subject to the provisions of 7 19 229' Eating and drinking establishments (not to exceed one thousand three hundred sq. ft.): restaurants and coffee bars, Guide services, including fishing, hunting, and tour (not to exceed one thousand three hundred sq. ft.);

Industry, light (not to exceed one thousand three hundred sq. ft.): gunsmithing, printing and taxidermy; Lodging: bed and breakfast establishments and boarding houses: Offices: general, medical and public service: Parking, commercial lots; Parks and day-use playgrounds;

11. Personal services (not to exceed one thousand three hundred sq. ft): art studios, barbers, beauticians, dressmakers, diycleaner and self-service laundry, fitness centers, photographic studios, tailors and tanning salons;

12. Repair services (not to exceed one thousand three hundred sq. ft): electronics, home appliances, musical instruments, plumbing and heating and small engines: and

13. Retail sales (not to exceed one thousand three hundred sq. ft.). 14 Marijuana testing facility provided the following standards are met:

a. Signage is limited to a single wall sign only, and may not exceed 16 square feet in area and ten feet in height:

b. The use shall comply with requirements of the State, and Sections ‘l7.10.22§ and_&3? of Soldotna Municipal Code.

C. Conditional Uses and Structures. The following conditional uses and structures may be approved in the LC District, subject to the general standards and

procedures found in ggctign 17.10.4OO Conditional Uses, any specific standards cited with the uses, and any special conditions imposed by the Commission:

1. Any permitted use in this district with a size limitation may be approved as a conditional use if its size exceeds one thousand three hundred square feet:

Animal care: boarding, commercial kennels, and veterinarian clinics/hospitals;

Boat mooring basins and launching sites; Churches and similar religious facilities;

Clubs, private lodges, fraternal organizations and other similar civic, charitable or social establishments: Community residences: correctional community residential centers; Funeral homes: Institutions, handicapped: institutions, health care: nursing or convalescent homes; 1 Lodging: recreation lodges, hotels, and motels:

11. Museums and art galleries; 12. Recreation facilities: miniature golf: 13. Schools‘ dance, elementary, secondary, colleges, vocational/technical:and 14. Theaters.

D. Accessory Uses and Structures. Accessory uses and structures are permitted which are clearly incidental to and customarily found in connection with the

principal uses and structures and which comply with the special rules found in §ection17.10.305 Accessory Uses and Structures. E. General Standards. The following general standards shall apply: 1 Minimum lot size: eight thousand four hundred square feet;

2 Minimum lot width: seventy feet;

3 Maximum lot coverage: thirty percent? 4. Maximum building height: thirty-six feet; 5 Minimum yards:

a. Front yard—twentyfeet; rear yard-twenty feet, if adjacent to a residential district (otherwise no rear yard is required),

b. Side yard-five feet, if not abutting a street or residential district,

c. Side yard-twenty feet, if abutting a street or residential district,

d. Side or rear yard-ten feet, ifwalls facing side or rear lot lines contain windows or other openings; 6. Off~street parking and loading shall be provided as required in Sect on 17 0.; 10 Off-street parking and loading‘,and

7 Landscaping shall be provided as required in Section 1710.335 Landscaping;

(Ord. 2007-22 §§ 3, 4, 2007,‘ 0rd 692§1,1999)

(Ord. No. 2010-033, § 2,10-27-2010,'0rd No. 2015-036, § 5,10-28-201S'Ord.No 2018-004, § 2, 2-14-201 )

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17.10265 - Commercial District (C).

A. Intent The Commercial District (C) is intended to provide an area which is convenient, visually pleasing, contributes to the economic welfare of the community, and allows a wide range of general business and other compatible uses.

Permitted Principal Uses and Structures The following principal uses and structures are permitted in the C District, subject to the general standards provided in subsection E of this section: 1. Animal care: veterinarian clinics/animal hospitals, a. lnside animal boarding:

Assemblyand concert halls,’ Automobile/boat/cycle/mobile home/RV/trailer: detailing, fueling and service, repair, rental, sale, and car wash; Churches and similar religious facilities:

Clubs, private lodges, fraternal organizations and other similar civic, charitable or social organizations; Community residences: community residences for the handicapped and emergency shelters,’ Day care centers:

Eating and drinking establishments: bars, nightclubs, restaurants, coffee bars; Financial services, including banks, credit unions, and savings and loans: Food and storage lockers: 11. Funeral homes;

12. Greenhouses (commercial), tree nurseries, and similar uses, provided no building is located closer than 100 feet to any property line abutting a residential district;

13. Guide sen/ices, including fishing, hunting, and tour,‘

14. Industry, light: cabinetry, gunsmithing, printing, taxidermy, machine shops, sheet metal work, and welding; 15, Lodging: Boarding houses, recreational lodges, hotels, and motels:

16. Museums and art galleries:

17. Offices: general, medical, and public service; 18 Parking, commercial lots: 19. Parks and day-use playgrounds;

20. Personal sen/ices: art studios, barbers, beauticians, dressmakers, dry cleaners, fitness centers, self-service laundries, tailors, and tanning salons;

21. Recreation facilities, indoor: arcades, billiards, bowling alleys, skating rinks, racquetball and handball courts, and recreation centers;

22. Recreation facilities, outdoor: miniature golf; 23. Repair services: electronics, home appliances, musical instruments, plumbing and heating, and small engines; 24. Retail sales: 25. Schools: dance, elementary, secondary, colleges, vocational/technical; 26. Theaters; and

27, Wholesale sales,

28. Marijuana establishments: marijuana testing facilities, retail marijuana stores and marijuana product manufacturing facilities provided the following standards are met:

a. For retail marijuana stores: Notwithstanding the other requirements ofSMC15.08 signage is limited to a single wall sign that may not exceed 32 square feet in area, and a single freestanding sign that may not exceed 32 square feet in area and ten feet in height. b. For marijuana testing facilities and marijuana product manufacturing facilities: Notwithstanding the other requirements ofSMC 15.08 signage is limited to a single wall sign not to exceed 16 square feet in area and ten feet in height. c. The use shall comply with requirements of the state and Section 171 2235 and Chapter 8.30 of Soldotna Municipal Code. C. The following conditional uses and structures may be approved in the C District, subject to the general standards and procedures found in gegtign 17 1 .499 Conditional Uses, any specific standards cited with the uses, and any special conditions imposed by the commission: 11 Animal care: outside animal boarding and commercial kennels;

2 Boat mooring basins and launching sites; 3 Campgrounds, including recreational vehicle campgrounds:

4. Community residences: correctional community residential centers;

5 Dwellings: single-family, two-family, multi-family, condominiums, and bed and breakfast establishments that do not qualify as a permitted accessory use, provided the use meets the following minimum standards, and any additional conditions imposed by the Commission:

a. Maximum lot coverage: 30 percent;

b. Minimum yards: front yard - 20 feet, rear yard - 20 feet, side yard » 10 feet:

c. Off-street parking and loading shall be provided as required in section ] Z.1 331!"and

d. Landscaping shall be provided as required in Section17.10.335

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6 Dwellings: townhouses, subject to the provisions of 17.10290,

7. Industry, heavy; provided no building is located closer than one hundred feet to any property line abutting a residential district, there are no

noxious substances maintained on site in containers larger than household user size, and there are no explosives maintained on site. Such uses shall be subject to the establishment of restrictions, safeguards, and conditions which mitigate the operating characteristics of the use to the extent

that the use will be compatible with other permitted uses in the district and will have no adverse effects upon uses in the other zoning districts: 8, Institutions, handicapped; 9. Institutions, health care: nursing or convalescent homes;

10 Lumber yards, provided no building is located closer than one hundred feet to any property line abutting a residential district:

11. Storage yards, whether such yard is principal or accessory, for the storage of building materials, impounded vehicles, construction equipment, and

machinery, provided such yards are sight-obscured from any street with dense evergreens or decorative fence or wall not less than eight feet in height:

12. Transmission towers, including radio, television, and other communications, provided a setback equal to the height of the tower or structure is

maintained on all sides of the structure and no approach or other airspace zones ofan airport are penetrated: and

13 Warehousing, including storage, trucking, transfer; provided no building is located closer than one hundred feet to any property line abutting a

residential district and is sight—ohscured from any street with dense evergreens or decorative fence or wall not less than six feet in height: and those areas which have outside storage are sight-obscured from any street with dense evergreens or decorative fence or wall not less than eight feet in height.

D. Accessory Uses and Structures Accessory uses and structures are permitted which are clearly incidental to and customarily found in connection with the

principal uses and structures and which comply with the special rules found in Section17.10,305 Accessory Uses and Structures. Residential dwellings shall be permitted as accessory uses in the Commercial District provided the dwellings are located in the same structure as the principal use, occupy no greater than 50% of the gross floor area of the building, and are located at other than ground level.

E. General Standards. The following general standards shall apply: 1. Area, width, coverage, and yard setback requirements shall be governed by off-street parking, loading, landscaping, building, and fire code requirements,’ 2 Maximum building height: Forty-eight feet:

3 Minimum yard, ifabutting a residential district: twenty feet; unless a greater distance is specified in a conditional use permit;

44 Offastreet parking and loading shall be provided as required in §g_ctign 17 1Q331! Off-street parking and loading; and 5 Landscaping shall be provided as required in Section17.10.335 Landscaping. F. Ngn- gnfgrmingk i en i I ses in ommer i I Di

1. Intent. There are residential uses that were in existence and lawful priorto the adoption ofordinance No. 2010033, that would be prohibited or do

not meet the requirements of section 17.10.Z6§(B) or (D) as permitted principal use or permitted accessory use. It is the intent ofthis section to set forth the rules for continuation and expansion ofthese non-conforrnities. This section applies only to non»conforming residential uses and structures that are non-conforming by reason of the adoption of Ordinance No. 2010-033. The provisions of Section 17.10.325 shall apply to all

other non-conforming uses, structures or lots in the Commercial district, Qualification.

a. The requirements of Section 17.10.32§(B) and 17.10.§ZS(C)(2) govern whether a residential use qualifies as a non-conforming use in the Commercial district. Expansion, Enlargement or Extension.

a. The requirements of S_e_(_tign1 Z19 32§(C)(4) and (C)(7) do not govern expansion, enlargement or extension or repair and maintenance ofa residential non-conforming use in the commercial district.

b. Expansion, enlargement or extension ofa non-conforming use or structure that could be permitted as a conditional use may be allowed only upon approval of a conditional use permit for such change except as follows:

i) Enlargements of square footage ofa dwelling shall not require a conditional use permit and may be allowed upon approval ofa site plan

and any required zoning permit, provided the enlargement does not change the use, increase the number of dwelling units, nor extend the structure into the yard setbacks established under SMC17.10.265.

ii) On any non-conforming residential structure or on any building devoted in whole or in part to any nOV‘IaC0l’iT0fl'Yil|'Igresidential use, work

may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10%) of the current replacement value of the building.

(Ord. Z007-22 §§ 1,2, 2007, 0rd. 705 §§1,Z,1999:Ord.692§1,1999)

(Ord. No. 2010033, § 1, 10-27-2D1D,'j2rd. No 2 1§- 3§,$,l, 2—14—201§)

17.10270 - Parks and Recreational District (PR),

A. intent. The intent of the Recreational District (PR) is to provide areas, public and private, for recreational activities and community events to enhance the City's quality of life.

B. Permitted Principal; Uses and Structures. The following principal uses and structures are permitted in the PR District: 1 Farming/general agriculture;

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2. Greenhouses (commercial) and tree nurseries; 3. Parks and day~use playgrounds; and

4. Camping is limited to two tents or RV units for a maximum of thirty days within one calendar year

C. ggnditional ses and §tr ictures . The following conditional uses and structures may be approved in the PR District, subject to the general standards and procedures found in Section 17 10.400 Conditional Uses, any specific standards cited with the uses, and any special conditions imposed by the Commission:

1) Assembly and concert halls:

2) Boat mooring basins and launching sites; 3) Campgrounds, including recreational vehicle campgrounds:

4) Clubs, private lodges, fraternal organizations and other similar civic, charitable or social establishments; 5) Day Care Centers; 6) Dwellings:single family:

7) Guide services, including hunting, fishing, and tour; 8) Lodging: recreational lodges and bed and breakfast establishments: 9) Museums and art galleries;

10) Recreation facilities, indoor: racquetball and handball courts, recreation centers, and sports arenas; -

11) Recreation facilities, outdoor: golf courses, miniature golf. sports fields, and sports arenas; and

12) Transmission towers, including radio, television, and other communications, provided a setback equal to the height of the tower or structure is maintained on all sides of the structure and no approach or other airspace zones ofan airport are penetrated.

D. Accessory sgs and §_tr ctures . Accessory uses and structures are permitted which are clearly incidental to and customarily found in connection with the principal uses and structures and which comply with the standards found in §ec;ion17.10.§05 Accessory Uses and Structures. E. General Standards. 1) Area and width shall be governed by off-street parking and loading, landscaping, building and ?re code requirements;

2) Maximum lot coverage of structures: 30 percent; 3) Maximum building height: 36 feet;

4) Minimum yards: front yard- 20 feet, rear yard- 20 feet, side yard- 15 feet, provided the minimum side yard abutting a collector or arterial road shall be 20 feet:

5) Off-street parking and loading shall be provided as required in Section 17.10330 Off-Street Parking and Loading; and

6) Landscaping shall be provided as required in Section 17.1 .3§§ Landscaping,

(0rd. 692 § 1, 1999)

17.10280 - Industrial District (IND).

A. Intent. The Industrial District (IND) is intended to provide areas for industrial and related uses whose external, physical effects are predominantly restricted to the area of the district.

B. Permitted Principal Uses and Structures. The following principal uses and structures are permitted in the IND District:

1) Alluses permitted in the Commercial District shall be permitted in the Industrial District, except for dwellings and community residences of all types;

2) Animal care: boarding, commercial kennels, and veterinary hospitals/clinics; 3) Farming/general agriculture;

4) Greenhouses (commercial), tree nurseries, and similar uses;

5) Industry, light: including any light industrial use, but excluding basic industrial processing which is associated with potential noxious, hazardous or injurious effects on neighboring properties: 6) Lumber yards:

7) Storage yards? 8) Warehousing; and

9) Airports and related services (with the exception of those uses listed in 17.10280 C which require a conditional use permit.) (Ord 705§_3, 1999)

C. Conditional Uses and Structures. The following conditional uses and structures may be approved in the IND District, subject to the general standards and

procedures found in Section 17.10410 Conditional Uses, any specific standards cited with the uses, and any special conditions imposed by the Commission:

1) Boat mooring basins and launching sites;

2) Campgrounds, including recreational vehicle campgrounds,‘ 3) Cemeteries: 4) Community residences: correctional community residential centers and emergencyshelters:

5) Dwellings: single family.

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6) industry, heavy, provided such uses shall be subject to the establishment of restrictions, safeguards, and conditions which mitigate the operating char

use to the extent that the use will be compatible with other permitted uses in the district and will have no adverse effects upon uses in the other zonin

7) Institutions, correctional;

8) Junkyards and automobile wrecking yards, provided that such yards are completely enclosed with a solid fence at least 8 feet in height and

maintained in good condition and appearance‘,

9) Mobile homes (riot in parks);

io) Mobile home parks, provided the development meets the requirements found in Section i7.i0.370 Mobile Home Parks; and iii Sports arenas:

12) Transmission towers, including radio, television, and other communications, provided a setback equal to the height of the tower or structure is maintained on all sides of the structure and no approach or other airspace zones ofan airport are penetrated. (0rd 705 QA 1999)

Accessory Uses and Structures. Accessory uses and structures are permitted which are clearly incidental to and customarily found in connection with the principal uses and structures and which comply with the special requirements found in §e§jIQI'1 17.10.3053Accessory Uses and Structures. E. General Standards. The following general standards shall apply:

1) The area, width.coverage and yard setback requirements for lots in the Industrial District shall be governed by the off-street parking, loading, landscaping, building and fire code requirements; Zl Maximum building height: 48 feet;

3) Oi‘f~streetparking and loading shall be provided as required in Section 17.10330, Off—StreetParking and Loading; and

4) Landscaping shall be provided as required in Section17.10.335 Landscaping.

(0rd. 692 § 1, 1999)

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By: Karl Kassel, Mayor Refer to the Planning Commission: April 12, 2018

FAIRBANKS NORTH STAR BOROUGH

ORDINANCE NO. 2018 -

AN ORDINANCE AMENDINGTITLE18 REGARDING AGRICULTURE AND LIVESTOCK INTHE RURAL ESTATES, RURAL RESIDENTIAL, SINGLE FAMILY RESIDENTIAL, TWO-FAMILYRESIDENTIAL, MULTIPLE-FAMILYRESIDENTIAL, MULTIPLE-FAMILYRESIDENTIAL/PROFESSIONAL OFFICE, LIGHT COMMERCIAL. GENERAL COMMERCIAL, LIGHT INDUSTRIALAND HEAVY INDUSTRIAL ZONING DISTRICTS INCLUDING TO ADD URBAN LIVESTOCK AND MARKET GARDENS AS ALLOWABLE USES AND ADDING AND AMENDINGDEFINITIONS AND STANDARDS

WHEREAS, Current FNSB code does not allow “agricu|ture", “domestic livestock”, “commercial |ivestock", or “commercial agriculture" in any scale, in most zoning districts; and

WHEREAS, Land Use Goal 4, Strategy 10, Action B of the FNSB Regional Comprehensive Plan is to encourage agricultural development that is compatible with surrounding land uses and densities; and

WHEREAS, Economic Development Goal 1, Strategy 4, Action B is to promote and enhance agricultural administration, processing, and distribution within the Borough, to support the building of storage facilities for agricultural products when we are assured that there is a need for them, and to support the expansion of Tanana Valley Farmers Market and other local agricultural markets; and

WHEREAS, The FNSB Regional Comprehensive Plan's Community and Human Resources Goal 1 is to have services and facilities that enrich the quality of life for all residents, and Action E in pan is to encourage local food production by supporting the Tanana Valley Farmers Market and other local agricultural markets; and AMENDMENTS ARE SHOWN IN LEGISLATIVEFORMAT Text to be added is underlined Text to be deleted is [BRACKETED, CAPITALIZEI

Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 1 of 13

O\O: Lukn DJ-I-> L»K») l\>DJ LA’I- 3DJ \Ol\J ooI\.) \II\) ON[\) LIIIx) 43>l\3 LaN I\>I\) l\) GN \DO0\lO'\§/14>-UJi\)>-©\D00\lO\Ll1->LoJI\)'—‘.-.-.-.-.——»—-»—.—»—»— 37 38 WHEREAS, Growing food locally contributes to local economies by 39 generating jobs and sales of food at farmers markets and grocery stores; and 40 41 WHEREAS, The Department of Health and Social Services estimates that 42 Alaskans spend nearly 2.5 billiondollars each year on food; and 43 44 WHEREAS, According to the Alaska Food Policy Council, 95 percent of 45 Alaska's food is imported, making Alaska vulnerable in times of disasters, and the 46 Department of Homeland Security recommends storing at least a three-day supply of 47 food in case of emergency; and 48 49 WHEREAS, The 2014 report “Building Food Security in Alaska” 50 recommends measures to build personal capacities in agriculture, expand agriculture 51 and gardening, build infrastructure that supports local food production, and adopt state 52 policy that supports local food production; and 53 54 WHEREAS, The addition of limited commercial type agriculture (i.e. 55 “market gardens”) and limited animal husbandry (i.e. “urban livestock”) to appropriate 56 zoning districts will enable the creation of centralized food production areas that better 57 serve the community; and 58 59 WHEREAS, Community sentiment as conveyed through contact with 60 community planning staff in person and over the phone generally is in favor of increased 61 agriculture and limited animal husbandry in more areas of the Borough; and 62 63 WHEREAS, Two online surveys with over 900 participants combined 64 oven/vhelmingly supported allowing small-scale livestock and limited commercial 65 agriculture in most zones; and 66 AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED, CAPITALIZE]

Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 2 of 13 67 WHEREAS, Small-scale livestock and limited agriculture can be 68 compatible with residential development, with appropriate standards; and 69 70 WHEREAS, A subcommittee of the FNSB Planning Commission held five 71 public meetings to develop specific standards and draft regulations to recommend to the 72 FNSB Administration for ensuring small-scale commercial agriculture and urban 73 livestock willbe compatible uses in select zoning districts; and 74 75 WHEREAS, Roosters were one of the least preferred animals in the urban 76 agriculture surveys and are not considered compatible in urban residential 77 neighborhoods because of noise concerns; and 78 79 WHEREAS, Male goats are not considered compatible in urban residential 80 neighborhoods because of odors, but castrated male goats do not produce a strong 81 odor and can be compatible; and 82 83 WHEREAS, “Urban |ivestock” and “market garden” uses should only be 84 permitted when accessory to a residential use in order to maintain the urban character 85 and promote appropriate care and minimal disruption to neighbors; and 86 87 WHEREAS, The definition of domestic livestock can be broadened to 88 include incidental sales of animal products without negatively impacting the 89 neighborhood; and 90 91 WHEREAS, The permitted use in Rural Residential described as “animals, 92 where there are less than 25 nonhooved animals each weighing less than 50 pounds” 93 has had limited applicability and is potentially contradictory to new and existing 94 definitions related to livestock; and 95

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED, CAPITALIZE]

Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 3 of 13 96 WHEREAS, Small-scale commercial agriculture (i.e. market gardens) can 97 be compatible with other urban residential uses when it is maintained at a similar scale 98 to home occupations and it does not produce excessive noise; and 99 100 WHEREAS, The American Planning Association (APA) states that “urban 101 agriculture falls somewhat outside the range of traditional land-use decisions" and 102 “urban agriculture can become a valuable tool in promoting community food security, 103 particularly in low-income, urban neighborhoods”; and 104- 105 WHEREAS, In relation to urban livestock, the American Planning 106 Association (APA) states that "typical ordinance provisions include limits on the number 107 of chickens or goats per lot, minimum lot sizes (especially for miniature goats), 108 prohibitions on keeping roosters or slaughtering chickens on-site, setbacks from 109 property lines and neighboring structures, coop or enclosure design and construction 110 standards, and waste disposal and feed storage requirements”; and 111 112 WHEREAS, the current definition of neighborhood community garden is 113 potentially in conflict with the proposed market garden definition; and 114 115 WHEREAS, community gardens are generally understood and intended to 116 be a shared undertaking, with more than one individual participating in cultivation 117 activities onsite. 118 119 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks 120 North Star Borough: 121 122 Section ‘I. Classi?cation. This ordinance is of a general and permanent 123 nature and shall be codified. 124

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Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 4 of 13 125 Section 2. FNSBC 18.04010, Definitions, is hereby amended as 126 follows: [the clerk shall add or amend the definitions in alphabetical order as necessary] 127 “Beehive" means a movable frame structure used for the housing of honey bees. 128 “Community garden, neighborhood" means the cultivation of the soil, or the growing of 129 crops or plants on a lot or zoning lot for personal use, trade, or sale off site with the area 130 under cultivation not exceeding 10,000 square feet. A community garden may be 131 divided into separate plots for cultivation by individuals or families, [OR FARMED BY 132 AN INDIVIDUAL,] or the area may be farmed collectively by members of a group. This 133 definition does not include the cultivation of marijuana. 134 “Domestic Livestock” means any quantity of farm animals raised and/or kept for

135 personal use, [OR FOR] occasional competitive use ([l.E.]ggL, 4H, FFA, etc.),£ 136 incidental sales of animal products. 137 “Market Garden” means a small-scale production of food-producing or ornamental 138 plants, not includinq mariiuana, qrown incidentally for commercial purposes usinq a 139 variety of growing techniques including in-soil, container, or nutrient solution, in 140 conjunction with and clearly subordinate to a residential use on the same site. 141 “Miniature Goat” means those qoats commonly known as Pvqmy or Dwarf. 142 “Urban Livestock” means the small-scale keeping of rabbits, chickens, roosters, ducks, 143 cgaese, turkeys, miniature qoats, qoats, sheep, llamas, alpacas, and honey bees, where 144 permitted, outdoors or in an accessory structure, for personal use, occasional 145 competitive use, or incidental sales of animal products. 146 147 Section 3. FNSBC 18.36.020(A) pertaining to the Rural Estates district 148 is hereby amended to add the following: 149 Market garden; 150 151 Section 4. FNSBC 18.40.020(A) pertaining to the Rural Residential 152 district is hereby amended to add and delete the following: 153 Urban livestock‘ 154 Market garden‘ AMENDMENTS ARE SHOWN INLEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED, CAPITALIZE]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2018- Page 5 of 13 155 [AN|MALS, WHERE THERE ARE LESS THAN 25 NONHOOVED 156 ANIMALS EACH WEIGHING LESS THAN 50 POUNDS]; 157 158 Section 5. FNSBC 18.44.020(A) pertaining to the Single-Family 159 Residential districts is hereby amended to add the following: 160 Urban livestock‘ 161 Market garden" 162 163 Section 6. FNSBC 18.60.030(D) pertaining to the Light Commercial 164 district is hereby amended as follows: 165 D. Exceptions to Yard Lot Area and Building Height Requirements. See Chapter 166 18.96 FNSBC. 167 168 Section 7. FNSBC 18.64.030(D) pertaining to the General Commercial 169 district is hereby amended as follows: 170 D. Exceptions to Yard Lot Area and Building Height Requirements. See Chapter 171 18.96 FNSBC. 172 173 Section 8. FNSBC 18.68.030(D) pertaining to the Central Business 174 district is hereby amended as follows: 175 D. Exceptions to Yard Lot Area, and Building Height Requirements. See Chapter 176 18.98 FNSBC. 177 178 Section 9. FNSBC 18.72.030(D) pertaining to the Light Industrial district 179 is hereby amended as follows: 180 D. Exceptions to Yard Lot Area, and Building Height Requirements. See Chapter 181 18.96 FNSBC. 182 I83 Section10. FNSBC 18.96.040(C), Exception to required yards and lot 184 area, is hereby amended as follows: AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED. CAPITALIZE]

Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 6 of 13 185 C. The following are exempt from the yard requirements of this title; provided, that 186 the sight distance requirements set forth in FNSBC 18.96.100 are met: 187 1. Fences meeting the provisions in FNSBC 1896.090; 188 2 Flagpoles; 189 3 Retaining walls; 190 4. Signs meeting the provisions in FNSBC 18.96070; 191 5 Transit amenities; 192 6 Street furniture; 193 7 Transportation-related infrastructure, including but not limited to street 194 lamps, traffic lights, traffic signs, traffic barriers, and bollards; 195 8. Public bicycle racks and shelters. 196 9. Beehives meeting the provisions in FNSBC 18.96250: 197 198 Section 11. Chapter 18.96 FNSBC, Supplementary Regulations, is 199 hereby amended to add a new Section 18.96.085, Standards for Market Gardens. as 200 follows: 201 18.96.085 Market Gardens 202 A market garden is subiect to the following standards: 203 A. The market qarden shall be incidental, in conjunction with, and clearly 204 subordinate to a residential use. 205 B. Benches, work surfaces, planting beds, potted plants, compost or waste bins, 206 rain barrels, irrigation systems and similar items may be located outdoors: 207 C. External visual or audible evidence of the use is limited as follows: 208 1. Heavy commercial vehicle delivery directly related to the market garden 209 and not customarily associated with a residential use is not permitted. 210 2. Fertilizers, chemicals, large tools and equipment and similar items shall be 211 stored indoors or out of view from neighboring lots and public view by a sight-obscuring 212 screen. 213 3. Mechanical equipment is limited to that which is designed for household

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Fairbanks North Star Borough, Alaska ORDINANCE NO. 2018- Page 7 of 13 4. On-site sales of food or plants shall not be permitted.

Section 12. Chapter 18.96 FNSBC, Supplementary Requlations, is hereby amended to add a new Section 18.96250, Standards for Urban Livestock, as follows: 18.96.25O Standards for Urban Livestock Urban livestock are subiect to the standards and restrictions in this section. A. General 1. Livestock shall be limited to rabbits, chickens, roosters, ducks, qeese, turkeys, miniature qoats, qoats, sheep, llamas, alpacas, and honey bees in accordance with the standards below. 2. Urban livestock, other than the keeping of honey bees. shall be in con'unction with and clearly incidental to a residential use on the same site. 3. Urban livestock may only be allowed with the written consent of the owner of the property. 4. On-site sales of animals or animal products shall not be permitted. 5. Enclosures, structures or beehives designed for the keeping of urban livestock animals shall meet the required setbacks of each zoninq district, or 20 feet, whichever is qreater, unless otherwise permitted in this section. 6. The total number of urban livestock in sinqle-family residential (SF-20, SF- 10, SF-5), two-family residential (TF), multiple-family residential IMF) and multiple- family residential/professional office (MFO) liqht commercial (LC), qeneral commercial (G0), and light industrial (Ll) zoninq districts. other than honey bees, shall not exceed 18 in number. 7. The total number of urban livestock in Rural ResidentiaLotherthan honey bees, shall not exceed 20 in number. 8. Urban livestock waste shall be manaqed so that odor is not perceptible at the sub'ect lot line. 9. On-site slauqhter of urban livestock shall not occur in public view.

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Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 8 of 13 245 B. Standards for the Keepinq of Ducks and Chickens 246 1. In the sinqle-familv residential (SF-20, SF-10, SF-5), two-family residential 247 (TF), multiple-family residential (MF), multiple-familv residential/professional office 248 (MFO), liqht commercial (LC), qeneral commercial (GC), and light industrial (Ll) zoning 249 districts: 250 a. No mature roosters shall be permitted 251 b. The keepinq of ducks and/or chickens shall be permitted on lots or 252 zoninq lots 2,000 square feet in size or larger. 253 c. On lots or zoning lots between 2,000 square feet and 9,999 square 254 feet in size, the total number of ducks and chickens shall not exceed eight in number. 255 d. On lots or zonig lots 10,000 square feet or larger, one additional 256 duck or chicken shall be permitted for every additional 1,000 square feet of lot size. 257 e. The total number of ducks and/or chickens shall not exceed 18 in 258 number regardless of lot size. 259 2. In the Rural Residential zone: 260 a. A maximum of one rooster shall be permitted; 261 b. The total number of ducks and/or chickens shall not exceed 20 in 262 number. 263 C. Standards for the Keepinq of Geese and Turkeys. 264 1. In the SFLTFLMF, MFO, LC, GC, and LIzones: 265 a. The keepinq of qeese and/or turkevs shall be permitted on lots or 266 zoninq lots 20,000 square feet in size or larqer. 267 b. The total number of qeese and/or turkevs shall not exceed three in 268 number. 269 2. In the Rural Residential zone: 270 a. The total number of qeese and/or turkevs shall not exceed five in 271 number. 272 D. Standards for the Keepinq of Miniature Goats, Standard-Sized Goats, Sheep, 273 Llamas and Alpacas

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Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 9 of 13 1. Miniature qoats, standard-sized qoats, sheep, llamas, and alpacas shall be maintained in a structure or fenced area that shall prevent escape. 2. The total number of miniature qoats, standard-sized qoats, sheep, llamas, and alpacas, where permitted, shall not exceed two in number, over the aqe of eiqht weeks. 3. In the SF, TF MF, MFO, LC, GC, and LIzones: a. The Keepinq of miniature qoats shall be permitted on lots or zoninq lots 10,000 square feet in size or larqer. b. Male miniature qoats are only allowed if castrated. c. The keeping of standard-sized qoats, sheep, llamas, and alpacas shall not be permitted. 4. In the Rural Residential zone: a. The keepinq of miniature qoats, standard-sized qoats, sheep, llamas, and alpacas shall be permitted. E. Standards for Keepinq of Honey Bees. 1. The required setback of a beehive may be reduced to ten feet if: a. There is a minimum six foot tall solid barrier such as a solid fence, wall, or dense line of hedqes positioned between the entrance of the beehive and the lot line and shall extend at least two feet on either side of the beehive to promote a hiqher ?may' or b. The bottom"of the beehive is elevated six feet or more above the qrade immediately adiacent to the lot line of the setback beinq reduced. 2. In the sinqle-family residential (SF-20, SF-10, SF-5), two-family residential (TF), multiple-family residential (MF), multiple-family residential/professional office (MFO), liqht commercial (LC), qeneral commercial (GC), and liqht industrial (Ll) zoninq districts: a. The keepinqof honey bees in beehives shall be permitted on lots or zoninq lots 2,000 square feet in size or larqer. b. On lots or zoninq lots between 2,000 square feet and 9,999 square feet in size, the total number of beehives shall not exceed two in number. AMENDMENTS ARE SHOWN IN LEGISLATIVEFORMAT Text to be added is underlined Text to be deleted is [BRACKETED, CAPlTALlZE]

Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 10 of 13 304- c. On lots or zoninq lots 10,000 square feet or larder, one additional 305 beehive shall be permitted for every additional 5,000 square feet of lot size. 306 d. The total number of beehives shall not exceed four in number. 307 3. In the Rural Residential zone: 308 a. The keepinq of honey bees in beehives shall be permitted on lots or 309 zoning lots. 310 b. The total number of beehives shall not exceed four in number.

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Fairbanks North Star Borouqh, Alaska ORDINANCENO. 2018- Page 11 of 13 311 F. The livestock limits per zone shall be as follow: Proposed Urban Livestock Limitations In SF, TF, MF, MFO, GC, Ll Zoning Districts

Maximum . Ducksl Turkeysl . ,, Miniature total Lot Sue Sq‘ Ft Beehwes Chickens Geese Goats“ Livestock Permitted

O — 1,999 - - 0

2,000 — 9,999 8 - 8

10,000 - 10,999 8 - 8

11,000—11,999 9 - 9

12,000—12,999 10 - 10

13,000—13,999 11 - 11

14,000— 14,999 12 - 12

15000-15999 13 - 13

16,000 - 16,999 14 - 14

17,000 —17,999 15 — 15

18,000 — 18,999 16 - 16

19,000 — 19,999 17 - 17

220,000 18 3 18

* Beehives do not count toward total livestock ** Female or castrated animals only

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Fairbanks North Star Borouqh, Alaska ORDINANCE NO. 2018- Page 12 of 13 312

Proposed Urban Livestock Limitations in Rural Residential Zone

Miniature Goats, Goats, Maximum Sheep, Total Ducksl Turkeysl Llamas, Livestock Lot Size Sq. Ft Chickens“ Geese Beehives* Alpacas Permitted

Under 80,000 20 5 4 2 20

Domestic livestock permitted >80_ O00 ' (no specific number limits)

* Beehives do not count toward total livestock ** One Rooster is permitted 313 314 Section 13. Effective Date. This ordinance shall be effective at 5:00 p.m. 315 on the first borough business day following its adoption. 316 317 PASSED AND APPROVED THIS DAY OF , 2018. 318 319 320 321 Kathryn Dodge 322 Presiding Of?cer 323 324 ATTEST: APPROVED: 325 326 327 328 Nanci Ashford—Bingham, MMC Jill S. Dolan 329 Borough Clerk Borough Attorney

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Fairbanks North Star Borouqh. Alaska ORDINANCE NO. 2018- Page 13 of 13

8/6/2018 Pages - Urban Agriculture

FAIRBANKS NORTH STAR BOROUGH 907 Terminal 8!. Fairbanks AK 99701 (907) 459-1000

Urban Livestock and Market Gardens

Thank you for providing input and participating in our surveys regarding small livestock and sma||—sca|e commercial agriculture. We had a record number of participants in these surveys, with nearly a thousand combined responses! 38: ?§

i see the results from our ?rst sun/ey

See the results from our second survey

The demand for local food production has increased in Alaska over the past decade. The FNSB code currently limits agriculture and related uses primarily to the Ruraland Agricultural (RA), Rural Farmstead (RF), and the General Use (GU) zones. This restriction on agricultural uses to the more rural zones makes sense for large commercialagriculturalfacilitiesthat have the potential to create land use conflicts in nomagricultural zones. However, this restriction of agricultural uses fails to account for less intensive agricultural uses that could not only be appropriate in a broader expanse of the Borough, but could also help to improve the area's overall food security, sustainability,and economy.

A Planning Commission subcommittee used your survey responses, along with input from industry experts and research into best practices, to make recommendations to the administration. Mayor Kassel then used those recommendations to introduce an ordinance. The Planning Commission will hold a public hearing on May 8 to review this ordinance, hear public testimony and make a recommendation to the Assembly.

Review the full ORDINANCEand STAFF REPORT. What's permitted now?

Find your Zone and then check the type of agriculture or livestock allowed on the table. & Find out what your zoning is by searching for your parcel by address, owner or PAN HERE Existing zoning standards are shown in the table below.

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TYPEOFAGRICULTURE

AGRIBUSINESS AGRICULTURE AGRICULTURALUSES AGRICULTURE,COMMERCIAL AGRICULTURE,INDOOR COMMUNITYGARDENS,NEIGHBORHOOD COMMUNITYGARDENS,REGIONAL COMMERCIALLIVESTOCK DOMESTICLIVESTOCK LIVESTOCKGRAZING

E ZP=PermittedUse:ZoningPermitRequired CUP= ConditionalUsePermit:PublicHearingRequired PU= PermittedUse:NilZoningPermitRequired ‘Limitations

Existing Definitions

Agribusiness — husiness directly related to and supportive ol an agricultural E as dehned herein.

Agriculture — cultivation of the soil or nutrient solution, including but not limited to indoor agriculture, the growing of crops and/or plants. animal and poultry husbandry, dairying, grazing, and agce§§o[y ses customarily incidental to agricultural activities. Does not include coniinercial cuirivation of marijuana

Agriculture, commercial ~ conducting the husiness oiggric lturo with the intent to sell the products orthe enterprise rorprofit

Agriculture, indoor — agriculture entirely indoors tvlthin a rullyenclosed iacilityfor any purpose including but not limited to cornrncrcial or retail. Does not include animal and poultry husbandry, dairylng. or grazing

comniuriiiy garden, neighborhood — ciiltivatioii of the Soil, or the growing orcrops or plants on a lot or zoning lot tor personal use, trade, or sale orrsite with the area under LUlLl\'aIl()ll not exceeding 10,000 square teet. A community garden may lie divided into separate plots loi- cultivation by individuals or iamilies, or farmed tiy an individual, or the area may be iarineti collectively by members of a group Does not include the cultivation of niarijuaria.

Community garden, regional — cultivation of the soil.or the growing orcrops or plants on a lot or zoning lot tor personal use, trade, or sale olf site with the area under cultivation exceeding 10,000 square feet, A Community garden may be divided into separate plots for cultivation by lI'\dlVldU3lSor families, or the area may be farmed collectively by members of 21 group. Does not include the cultivation of marijuana.

Home occupation — a business, pfoiessloll, occupation or trade, excluding coirirriercia rii_oriytiona establishments in residential zones (RE, RR, sr, TF. MF, MFOl, located entirely ivithin a cllve|ing_um or a dweliiig_ggit's accessory aui ding, which is accessory, iiiciderital,

secondary and subordiiiate to the residential u_s_§ of the dive ing_u_i;ytand which does not change the essential residential character or appearance of such biiildiiig oi iieighborhood in which it is located

Livestock, commercial — any quantity of (aim animals kept with the intention of selling related goods and/or sen/ices,

Livestock, domestic — any quantity oriarrn animals raised and/or kept for personal gsg or for occasional competitive E (I e., 4H. FFA, etc).

use, accessory —a use which is clearly and customarily incidental and suhorriinate to the principal use of a huildinoor premises and wliiih is lntated on the same zoiiiiitiggtas the principal use or hiiilding.

How might these changes affect me? This proposed ordinance allows small livestock and sma|l—sca|e commercial agriculture in more zones than are currently permitted, particularly in the urban residential-type zones. It also creates limitsto the ntlmbers and types of livestock permitted in those zones as well as other regulations to maximize compatibility with surrounding uses. In addition to a lot‘s zoning designation, lot size also determines the number and type of livestock animals permitted. In the table below, note the addition of Market Garden and Urban Livestock and permitted zones associated with lhese proposed new uses:

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% '%‘§ %‘Ei‘I§ %¥ %"-3% 8/6/2018 Pages - Urban Agriculture

sznuanslia?I N ‘MARKEI‘Antigen.0 MG; TYPEOF AGRICULTURE Znnin District DR RA RF RE RR SF TF Mr MPO LC GC CBD U HI ML GU AGRIBUSINESS Z CUP PU

1 I AGRICULTURE Z Z ' PU AGRICULTURALUSES Z Z .' 1 PU S AGRICULTURE,COMMERCIAL Z I __ ‘ ' L VU AGRICULTURE,INDOOR Z Z , Z Z Z I Z w PU \

COMMUNITY GARDENS,NEIGHBORHOOD Z Z Z CUP (MP Z Z Z Z Z Z Z 2 ~ PU COMMUNITYGARDENS,REGIONAL 2 Z 2 CUP CUP CUP ‘ PU COMMERCIALLIVESTOCK Z 2 PU DOMESTICLNESTOCK CUP 2 Z Z Z‘ I PU LIVESTOCKGRAZING Z 1 CUP PU MARKETGARDEN Z Z Z Z Z Z Z Z Z PU URBANLIVESTOCK Z Z Z Z Z Z Z 1 ‘~ PU

NON z= ermitted Use: Zoning Permit Required CUP = Conditional Use Permit: Public Hearing Required PU -= Permitted Use: Nu Zoning Permit Required ’|.Imilations

Proposed Definitions "Beehive“ means a movable frame strucxure med In: the housing orhoney bees.

"Domestic IivesIocI<"means any quanmy or[arm animals raised Jud/or kept for personal use. octasiunal tompeutive use _eg , 4H, rm. etc ), ar incidental sales of animai products.

"Market garden“ means a smallrscale production of f0od~prOdIIcIng or ornamental piants, not including marijuana, grown incidentally for commercial purposes using a variety at growing techniques including m—sm|,concznnnnor nutrient soiution, In conjunmon with and clcariy subordinate ta 5 residential use on the same Site. ‘Miniature goat“ means (haw goats commonly known as Pygmy or Dwarf Urban Livestock“ means the smalI—sL2a|e keeping nrrabbits, chickens, masters, dmks, geese, turkeys, rmmarure goats, goats, sheep‘ Iiomias, alpacas, and huney bees, where permitted, outdoors or III an acressory sti‘u(Iure, fur personal use, ocnasianal cunipetitive use. or mudenial saiss oi AnimalpI'UdU(IS.

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8/6/2018 Print Preview

Chapter 18.40 RR RURAL RESIDENTIAL DISTRICT

Sections: 18.40.010 Intent.

18.40.4120 Use regulations.

18.40.03!) Standards.

18.40.010 Intent. This district is intended for low density residential development and other compatible uses in areas where community sewer and water systems may or may not be available. (Ord. 88-010 § 2, 1988. 2004 Code § 18.20.1110.)

18.40.020 Use regulations. A. Permitted Uses. In the RR, rural residential district.permitted uses are:

1. Accessory uses;

2. Animals, where there are less than 25 nonhooved animals each weighing less than 50 pounds;

3. Bed and breakfast homestay;

4. Bed and breakfast residence:

5. Church buildings;

6. Domestic livestock on lots of not less than 80.000 square feet in area:

7. Home occupations;

8. Single-family detached dwellings;

9. Two-family attached dwellings.

8. Conditional Uses. In the RR.rural residential district.conditional uses are:

1.Airports, heliports and aircraft landing ?elds. and related buildings essential in the operation of such uses;

2. Animaland veterinary hospitals;

3. Cemeteries;

4. Communications tower, major;

5. Communications tower, minor;

6. Community garden, neighborhood:

7. Day care facilities;

8. Domestic livestock;

9. Group homes:

10. Guesthouse, one per lot, and only on a lot with an existing single-family detached dwelling or, where permitted. an existing mobile home;

11. Kennels, minor, on lots of not less than 80,000 square feet in area;

12. Mobilehomes;

13. Multifamily dwelling with no more than three dwelling units, on lots of not less than 80.000 square feel in area;

14. Professional Df?ces:

15. Public utility and service uses ‘including,but not limitedto: ?re stations, transfer stations. neighborhood dumpsters. public dumping sites, electric substations. gas regulator stations, telephone exchanges, sewage treatment plants. well and water pumping stations, water ?ltration plants, water reservoirs, and other similar uses. These uses do not include the installation and maintenance of utility lines which are permitted uses in all zoning districts; https://www.codepub|ishing.comlAK/FairbanksNorthStar?orough/cgi/menuCompi|e.p| 1/2 8/6/2018 Print Preview

16. Residential cluster development;

17. School buildings;

18. Trade/technical/vocational school. (Ord. 2017-21 § 7, 2017; 0rd. 2014-44 § 2, 2014; 0rd. 2012-58 §§ 2, 4, 6, 2013; 0rd. 2012-22 § 6, 2012; 0rd. 2009-05 § 7, 2009; 0rd. 94-046 § 5. 1994; 0rd. 89-099 § 7. 1990; 0rd. 88-010 § 2, 1988. 2004 Code§18.20.020.)

18.40.1130 Standards. In the RR, rural residential district, geometric standards are:

A. Lot Area. Lot area shall not be less than 40,000 square feet.

B. Required Vards for Buildings.

1. Front yard shall not be less than 25 feet;

2. Side yard shall not be less than 25 feet:

3. Rear yard shall not be less than 25 feet.

C. Building Height. Unlimited.

D. Exceptions to Yard, Lot Area, and Building Height Requirements. See Chapter 18.96 FNSBC.

E. Parking. See Chapter 18.96 FNSBC.

F. Signs. See Chapter 18.96 FNSBC. (om. 2015-12 § 3, 2016; om. as-010 § 2, 1933. 20m. Code §1a.2o.o3o.)

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