§ 21.10.050. Use regulations.  


Latest version.
  • A.

    Table of Allowed Uses. Table 21.10-4 below lists the uses allowed within the base zoning districts in Chugiak-Eagle River. Each of the listed uses is defined in Chapter 21.05. When the uses in a district are determined through a CE-PCD district this table shall not apply.

    1.

    Explanation of table abbreviations.

    a.

    Permitted uses. "P" in a cell indicates the use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of Title 21.

    b.

    Administrative site plan review. "S" in a cell indicates the use requires administrative site plan review in the respective zoning district in accordance with the procedures of subsection 21.03.180 C., administrative site plan review.

    c.

    Major site plan review. "M" in a cell indicates the use requires major site plan review in the respective zoning district in accordance with the procedures of subsection 21.03.180 D., major site plan review.

    d.

    Conditional uses. "C" in a cell indicates, in the respective zoning district, the use is allowed only if reviewed and approved as a conditional use in accordance with the procedures of Section 21.03.080, Conditional Uses. Throughout Title 21, the term "conditionally allowed" means approval through the conditional use process is required.

    e.

    Special land use permit for marijuana. "T" in a cell indicates that the use requires a special land use permit for marijuana in accordance with the procedures of Section 21.03.105.

    f.

    Multiple abbreviations. Where Table 21.10-4 indicates more than one abbreviation for a particular use, such as "P/M" or "S/M", then the applicable review procedure is determined by size, geographic location, or other characteristic of the use as specified in this code.

    g.

    Prohibited uses. A blank cell indicates the use is prohibited in the respective zoning district.

    h.

    Use-specific standards. Regardless of whether a use is allowed by right, subject to major or administrative site plan review, or permitted as a conditional use, there may be additional standards applicable to the use. The existence of most use-specific standards is noted through a cross-reference in the last column of the table; however, there may be other applicable non-referenced portions of municipal code as well.

    2.

    Table organization. In Table 21.10-4, land uses and activities are classified into general "use categories" and specific "use types", based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity appropriate within the categories, and specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories in such cases are intended as indexing tools.

    3.

    Unlisted uses. When application is made for a particular use category or use type not specifically listed in Table 21.10-4, the procedure set forth in Section 21.03.220 shall be followed.

    4.

    Use for other purposed prohibited. Approval of a use listed in Table 21.10-4, and compliance with the applicable use-specific standards for the use, authorizes the specific use only. Development or use of a property for any other use not specifically allowed in Table 21.10-4 is prohibited.

    5.

    Table of Allowed Uses

    TABLE 21.10-4: TABLE OF ALLOWED USES - CHUGIAK-EAGLE RIVER RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND OTHER DISTRICTS
    P = Permitted Use S = Administrative Site Plan Review C = Conditional Use M = Major Site Plan Review
    For uses allowed in the CE-TR and CE-AD districts, see section 21.10.040.
    All other uses not shown are prohibited.
    RESIDENTIAL COMMERCIAL INDUSTRIAL OTHER OV
    Use Category Use Type CE-R-1 CE-R-1A CE-R-2A CE-R-2D CE-R-2M CE-R-3 CE-R-5 CE-R-5A CE-R-6 CE-R-7 CE-R-8 CE-R-9 CE-R-10 CE-B-3 CE-RO CE-RC CE-I-1 CE-I-2 CE-I-3 CE-DR CE-PR CE-PLI CE-DO CE-EVO Definitions and Use-Specific Standards
    RESIDENTIAL USES
    Household Living Dwelling, mixed-use P P P P-B P 21.10.050 C.1
    21.05.030 A.1.
    Dwelling, multifamily P P P P P P P 21.10.050 C.2.
    21.05.030 A.2.
    Dwelling, single-family, attached P P P P-R P 21.05.030 A.3.
    Dwelling, single-family, detached P P P P P P P P P P P P P P P-R P 21.05.030 A.4.
    Dwelling, townhouse P P P P C-R 21.05.030 A.5.
    Dwelling, two-family P P P P P P P P P P P-R 21.05.030 A.6.
    Dwelling, mobile home P P P 21.05.030 A.7.
    Manufactured home community C C C C 21.05.030 A.8.
    Group Living Assisted living facility (3-8 residents) P P P P P P P P P P P P P P P P P-R P 21.05.030 B.1.
    Assisted living facility (9 or more residents) C C C C P P C C C C P P P P C 21.05.030 B.1.
    Correctional community residential center C C C C C C C-B 21.10.050 C.3.
    21.05.030 B.2.
    Habilitative care facility, small (up to 8 residents) P P P P P P P P P P P P P P P 21.05.030 B.3.
    Habilitative care facility, medium (9-25 residents) C C C C C P C C C C P P P C P C 21.05.030 B.3.
    Habilitative care facility, large (26+ residents) P P P P P 21.05.030 B.3.
    Roominghouse C P P C C C C C P P 21.05.030 B.4.
    Transitional living facility C P C P 21.05.030 B.6.
    COMMUNITY USES
    Adult Care Adult care facility (3 to 8 persons) P P P P P P P P P P P P P P P P P P-B P 21.05.040 A.
    Adult care facility (9 or more persons) C C C C C C C C C C C C C P C C C P-B C 21.05.040 A.
    Child Care Child care center (9 or more children) C C C C C C C C C C C C C P C C C P C 21.05.040 B.1.
    Child care home (up to 8 children) P P P P P P P P P P P P P P P P P P 21.05.040 B.2.
    Community Service Cemetery or mausoleum C P 21.05.040 C.1.
    Community center S S S S P 21.05.040 C.2.
    Community smokehouse P 21.10.050D.1
    Crematorium P P P P C P-B 21.05.040 C.3.
    Dry Storage P 21.10,050D.2
    Government administration and civic facility M M M M M 21.05.040 C.4
    Homeless and transient shelter C 21.05.040 C.5.
    Neighborhood recreation center S S S S S S S S S S S S S S S S C-R P 21.05.040 C.6.
    Religious assembly S S S S S S S S S S S S S P S S P P S P P 21.05.040 C.7.
    Social service facility C P C P P 21.05.040 C.8.
    Cultural Facility Aquarium M 21.05.040 D.1.
    Botanical gardens S S 21.05.040 D.2.
    Library S S S S S S S S S S S M S-R 21.05.040 D.3.
    Museum or cultural center M M M M M P 21.05.040 D.4.
    Zoo C C 21.05.040 D.5.
    Educational Facility Boarding school M S S S M S P 21.05.040 E.1.
    College or university M M M M P-B 21.05.040 E.2.
    Elementary school or middle school P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P 21.05.040 E.3.
    High school P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P/M P 21.05.040 E.4.
    Instructional services C C C C C C C C C C C C P P P P/C C P-B P 21.05.040 E.5.
    Vocational or trade school C C C C C P-B P 21.05.040 E.6.
    Health Care Facility Health services P P P C P P 21.05.040 F.1.
    Hospital/Health care facility P P P C P 21.05.040 F.2.
    Nursing facility C P C C P P 21.05.040 F.3.
    Parks and Open Area Community garden P P P P P P P P P P P 21.05.040 G.1.
    Park, public or private P P P P P P P P P P P P P P P P P P P P P 21.10.050D.4, 21.05.040 G.2.
    Public Safety Facility Community or police substation S S S S S S M M M M M M S S S P P S S-B 21.05.040 H.1.
    Correctional institution C 21.05.040 H.2.
    Fire station M M M M M M M M M M M M M M-B 21.05.040 H.3.
    Public safety facility C P C 21.05.040 H.4.
    Transportation Facility Airport M P C M 21.05.040 I.1.
    Airstrip, private C C C C C C C C C C C C P 21.05.040 I.2.
    Heliport C C C C C C C C M M M M C M C-B P/C 21.10.050 D.3.
    21.05.040 I.3.
    Rail yard P P 21.05.040 I.4.
    Railroad freight terminal P P 21.05.040 I.5.
    Railroad passenger terminal P P M P 21.05.040 I.6.
    Transit center S S S S S-B 21.05.040 I.7.
    Utility Facility Tower, high voltage transmission P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C 21.05.040 J.1.
    Utility facility C P P C 21.05.040 J.2.
    Utility substation C C C C C C C C C C C C C S S S S S S S S S C S 21.05.040 J.3.
    Wind energy conversion system (WECS), utility C C C 21.05.040 J.4.
    Telecommunication Facilities Antenna only, large P P P P P S P P-B 21.05.040K.
    Antenna only, small P P P P P P P P P P P P P P P P P P P P P P P P 21.05.040K.
    Type 1 tower S C S S S S C C P-B 21.05.040 K.
    Type 2 tower C C C C C C C C C-R, P-B 21.05.040 K.
    Type 3 tower C C C C C C P-B 21.05.040 K.
    Type 4 tower S S S S S S S S P-B 21.05.040 K.
    COMMERCIAL USES
    Agricultural Uses Commercial horticulture C C C C P/C P/C P/C P/C P/C P/C P P P P P C P-B P/C 21.10.050 E.1
    21.05.050 A.1.
    Animal Sales, Service & Care Animal boarding C C C C P P P P P-B P 21.10.050 E.2.
    21.05.050 B.1.
    Animal shelter S P P P M P-B 21.10.050 E.3.
    21.05.050 B.2.
    Large domestic animal facility, principal use C P/C C C C P/C P/C P 21.10.050 E.4.
    21.05.050 B.3.
    Retail and pet services P P P P C P-B C 21.10.050 E.5.
    21.05.050 B.4.
    Veterinary clinic C C C C P C P P P P C P C 21.10.050 E.6.
    21.05.050 B.5.
    Assembly Civic/convention center C C C-B 21.05.050 C.1.
    21.05.020 A.
    Club/lodge/meeting hall C P P P S P P 21.05.050 C.2.
    21.05.020 A.
    Entertainment and recreation Amusement establishment P P C P-B 21.05.050 D.1.
    21.05.020 A.
    Entertainment facility, major C C C C-B 21.05.050 D.2.
    21.05.020A.
    Fitness and recreational sports center P P P C S P-B 21.05.050 D.3.
    General outdoor recreation, commercial C C C C C C C-B P 21.05.050 D.4.
    Golf course C C 21.05.050 D.5.
    Motorized sports facility C C C C 21.05.050 D.6.
    21.05.020 A.
    Movie theater S M S C P/C-B 21.10.050 E.7.
    21.05.050 D.7.
    21.05.020 A.
    Nightclub P M P-B 21.05.050 D.8.
    21.05.020 A.
    Shooting range, outdoor C C C C 21.05.050 D.9.
    Skiing facility, alpine C C C 21.05.050 D.10.
    Theater company or dinner theater P P P-B 21.05.050 D.11.
    21.05.020 A.
    Food and Beverage Service Bar P P P P-B 21.05.050 E.1.
    21.05.020 A.
    Food and beverage kiosk P P P P P P P P P-B P 21.05.050 E.2.
    21.05.020 A.
    Restaurant P P P P P P-B P 21.05.050 E.3.
    21.05.020 A.
    Office Broadcasting facility P C P P P P P-B 21.05.050 F.1.
    Financial institution P P P P P P 21.05.050 F.2.
    Office, business or professional P P P P P P P 21.05.050 F.3.
    Personal Services, Repair, and Rental Business service establishment P P P P C P-B P 21.05.050 G.1.
    Funeral/mortuary services P P P P P 21.10.050 E.8.
    21.05.050 G.2.
    General personal services P P P P P P 21.05.050 G.3.
    Small equipment rental P P P P P P-B P 21.05.050 G.4.
    Retail Sales Auction house P P P P P P-B 21.05.050 H.1.
    Building materials store P P P C C P-B 21.05.050 H.2.
    Convenience store P P P P-B P 21.05.050 H.3.
    21.05.020A.
    Farmers market P P P P P P P P P P P P-B P 21.05.050 H.4.
    Fueling station P P P P P-B 21.05.050 H.5.
    21.05.020 A.
    Furniture and home appliance store P P P P P P-B 21.05.050 H.6.
    General retail P P P P P P-B P 21.05.050 H.7.
    Grocery or food store P P P P-B P 21.05.050 H.8.
    21.05.020.A.
    Liquor store P P P C P-B 21.05.050 H.9.
    21.05.020.A.
    Pawnshop P P P-B 21.05.050 H.10.
    Vehicles and Equipment Aircraft and marine vessel sales P P P P P P-B 21.05.050 I.1.
    Parking lot or structure (50+ spaces) C P C P P P C-R 21.05.050 I.2. or I.3.
    Parking lot or structure (less than 50 spaces) C C P C C P P P C-R S 21.05.050 I.2. or I.3.
    Vehicle parts and supplies P P P P P P-B 21.05.050 I.4.
    Vehicle-large, sales and rental P P P P P-B 21.05.050 I.5.
    Vehicle-small, sales and rental P P P P P-B 21.05.050 I.6.
    Vehicle service and repair, major P P P P P-B 21.05.050 I.7.
    Vehicle service and repair, minor P P P P P-B S 21.05.050 I.8.
    Visitor Accommodations Camper park C C C C C C C 21.05.050 J.1.
    Extended-stay lodgings P S P S P-B 21.05.050 J.2.
    Hostel C C P S P P-B 21.05.050 J.3.
    Hotel/motel P M P P P 21.10.050 E.9.
    21.05.050J.4.
    21.05.020 A.
    Inn P S P P P-B 21.05.050J.5.
    21.05.020 A.
    Recreational and vacation camp C C C C S C C P 21.05.050 J.6.
    COMMERCIAL MARIJUANA USES
    Marijuana cultivation facility T T T 21.05.055B.1.
    21.03.105
    Marijuana manufacturing facility T T T 21.05.055B.2.
    21.03.105
    Marijuana testing facility T T T T 21.05.055B.3.
    21.03.105
    Marijuana retail sales establishment T T T T 21.05.055B.4.
    21.03.105
    INDUSTRIAL USES
    Industrial Service Contractor and special trades, light S/C P P P 21.05.060A.1.
    Data processing facility P P P P C C P P-B 21.05.060 A.1.
    Dry cleaning establishment P P P P P P-B 21.05.060 A.2.
    General industrial service P P P 21.05.060 A.3.
    Governmental Service P P P C 21.05.060 A.4.
    Heavy equipment sales and rental P P P 21.05.060 A.5.
    Research laboratory P P P P S P-B 21.05.060 A.6.
    Manufacturing and Production Commercial Food Production C P P P P 21.05.060 B.1.
    Cottage crafts P P P P-B P 21.05.060 B.2.
    Manufacturing, general P P P P-B P 21.05.060B.3.
    Manufacturing, heavy C P P 21.05.060B.4.
    Manufacturing, light P P P 21.05.060 B.4.
    Natural resource extraction, organic and inorganic C C C C C C C C C C C C C C C C C C C C C C C 21.05.060 B.5.
    Natural resource extraction, placer mining C C C C C 21.05.060 B.6.
    Warehouse and Storage Bulk storage of hazardous materials C C C 21.05.060 D.1.
    Impound yard P P P C 21.05.060 D.2.
    Motor freight terminal P P P 21.05.060 D.3.
    Outdoor storage associated with a community use M M 21.05.060D.8.
    Outdoor storage of vehicles and/or equipment associated with a community use M M 21.05.060D.9.
    Self-storage facility P P P P P C 21.05.060 D.4.
    Storage yard P P P C C 21.10.050 F.2.
    21.05.060 D.5.
    Warehouse or wholesale establishment, general P P P C C 21.05.060 D.6.
    Wholesale establishment S/C P P P S/C-B 21.05.060 D.7.
    Waste and Salvage Composting facility P P C P 21.05.060 E.1.
    Incinerator or thermal desorption unit C C C 21.05.060 E.3.
    Junkyard or salvage yard C C 21.05.060 E.4.
    Land reclamation C C C C C C C C C C C C C C C C S S S S C C 21.05.060 E.5.
    Landfill C C C 21.05.060 E.6.
    Recycling Drop-Off P P P P P P P 21.05.060 E.7.
    Snow disposal site C C C C C C C C C C C C C C S S S C C C 21.05.060 E.8.
    Solid waste transfer facility C P P C 21.05.060 E.9.
    For uses allowed in the CE-DO (Downtown Eagle River Overlay District), when the abbreviation of the approval process is followed by a "-R", that indicates the use is allowed only in the portion of the overlay district where the underlying zoning is RO. When the abbreviation of the approval process is followed by a "-B", that indicates the use is allowed only in the portion of the overlay district where the underlying zoning is B-3. If the abbreviation of the approval process has no suffix, then the use is allowed anywhere in the overlay district. For example, "P-R" means that the use is permitted only in the portion of the overlay district where RO is the underlying district.
    Uses with structures with a gross floor area over 20,000 square feet require a major site plan review through subsection 21.07.120A., Large Commercial Establishments.
    See subsection 21.05.055B. for restrictions on the establishment of this use in this zoning district.
    In accordance with subsection 21.05.040K.3.g., a tower or antenna that is not permitted in a district may be requested through the conditional use process.

     

    B.

    Generally applicable use standards. See Section 21.05.020.

    C.

    Residential uses: Definitions and use-specific standards. Except for those uses listed below, see Section 21.05.030. For those uses listed below, the use-specific standards or applicable portions of such standards of this chapter shall apply instead of the use-specific standards of Chapter 21.05.

    1.

    Dwelling, mixed-use. In the CE-DO area overlaying the CE-B-3 district, commercial structures that also include dwelling units shall have a gross floor area of at least 5,000 square feet.

    2.

    Dwelling, multifamily. In the CE-DO area overlaying the CE-RO district, multifamily developments with eleven or more units may only be constructed on lots of at least 14,000 square feet and at least 100 feet of frontage on a street of class I or greater designation in the Official Streets and Highways Plan.

    3.

    Correction community residential center. In the CE-DO area overlaying the CE-B-3 district, CCRCs shall not have more than 30 residents.

    D.

    Community uses: Definitions and use-specific standards. Except for those uses listed below, see Section 21.05.040. For those uses listed below, the use-specific standards or applicable portions of such standards of this chapter shall apply instead of the use-specific standards of Chapter 21.05.

    1.

    Community smokehouse.

    a.

    Definition: A building or special construction for curing meat, fish, etc. by smoking.

    i.

    For all park master plan proposals, the Eagle River-Chugiak park and recreation board of supervisors shall hold a public meeting, which shall include the opportunity for oral public comments.

    ii.

    Master plans for parks classified by the Anchorage Park, Greenbelt and Recreation Facility Plan Volume 2: "Eagle River-Chugiak-Eklutna" as community, large urban, or regional parks shall be approved by the planning and zoning commission.

    iii.

    Master plans for parks classified by the Anchorage Park, Greenbelt and Recreation Facility Plan Volume 2: "Eagle River-Chugiak-Eklutna" as playlots, mini parks, vest pocket parks, or neighborhood parks shall be approved administratively by the director.

    b.

    All development projects in municipal parks require a site plan review, as follows:

    i.

    For all development projects in municipal parks, the Eagle River-Chugiak park and recreation board of supervisors shall hold a public meeting, which shall include the opportunity for oral public comments.

    ii.

    Any discrepancies with an approved park master plan shall be described and justified.

    iii.

    All development projects costing more than $500,000 or disturbing more than one acre of land and in parks classified by the Anchorage Park, Greenbelt and Recreation Facility Plan Volume 2: "Eagle River-Chugiak-Eklutna" as community, large urban, or regional parks shall be approved by major site plan review in accordance with 21.03.180 D. For the purposes of this subsection, vegetation removal for public safety, natural resource protection and enhancement (such as invasive species removal and reforestation), ecosystem health, and general routine maintenance is not considered land disturbance.

    iv.

    All development projects costing $500,000 or less and disturbing one acre or less of land, and all development projects in parks classified by the Anchorage Park, Greenbelt and Recreation Facility Plan Volume 2: "Eagle River-Chugiak-Eklutna" as playlots, mini parks, vest pocket parks, or neighborhood parks shall be approved by administrative site plan review in accordance with 21.03.180C. Trails that are reviewed under section 21.03.190, Street and Trail Review, are exempt from this administrative site plan review. For the purposes of this subsection, vegetation removal for public safety, natural resource protection and enhancement (such as invasive species removal and reforestation), ecosystem health, and general routine maintenance is not considered land disturbance.

    c.

    The decision-making body shall determine whether standards of this title relating to paving of parking lots and lighting of parking lots shall be applied to a development project, considering the location and surrounding area of the project, and the anticipated level of use. If determined by the decision-making body, the paving and lighting standards for parking lots may be reduced or waived.

    2.

    Dry storage.

    a.

    Definition: A nonresidential building which may be open at the ends, sides, or bottom, intended for the dry storage of firewood or other community uses.

    3.

    Park, public or private.

    a.

    In the Eklutna Village Overlay District, only private parks are permitted. Public parks are prohibited.

    b.

    Any master plan created for a municipal park in Chugiak-Eagle River shall be reviewed and approved as follows.

    4.

    Heliport (Replaces 21.05.040I.3.b.).

    a.

    In the Chugiak-Eagle River area, heliports are considered accessory to hospitals and airports.

    b.

    Applications for heliports shall be accompanied by a determination letter from the Federal Aviation Administration (FAA).

    c.

    Heliports in nonresidential districts shall be at least 200 feet from a residential district.

    d.

    In the Eklutna Village Overlay District, when associated with a medical clinic (even if on a separate lot), a heliport is a permitted use. Otherwise a heliport is a conditional use.

    5.

    Tower, high voltage transmission.

    a.

    Notwithstanding subsection 21.05.040 J.1.b., all high voltage transmission towers in Chugiak-Eagle River residential districts require a conditional use, as indicated by Table 21.10-4.

    E.

    Commercial uses: Definitions and use-specific standards. Except for those uses listed below, see Section 21.05.050. For those uses listed below, the use-specific standards or applicable portions of such standards of this chapter shall apply instead of the use-specific standards of Chapter 21.05.

    1.

    Commercial horticulture. In those districts where, in Table 21.10-4, "P/C" is indicated for this use, commercial horticulture uses up to 10,000 square feet are allowed by-right, whereas uses over 10,000 square feet require conditional use approval in accordance with Section 21.03.080.

    2.

    Animal boarding. Animal boarding establishments providing care for six or more animals shall comply with the use-specific standards for "animal shelter," below.

    3.

    Animal shelter (replaces subsection 21.05.050 B.1.).

    a.

    General standards when use is within 100 feet of a residential district. All facilities, including all treatment rooms, cages, pens, kennels, and training rooms, shall be maintained within a completely enclosed building. Areas for the care of large domestic animals that are associated with this use shall meet the setback standards of subsection 21.10.050D .4.d. below.

    b.

    Standards when use is not within 100 feet of a residential district. A facility's outdoor runs shall be located on site and shall be screened from the view of all adjacent streets and properties by fencing or vegetation.

    c.

    Standards when use is on lot of 40,000 square feet or larger. Facilities, including outdoor runs, shall be located on site with a minimum of 25-foot setbacks and fenced.

    d.

    Waste management. Waste shall be managed in accordance with AMC Title 15.

    4.

    Large domestic animal facility.

    a.

    Minimum lot size and number of animals. Large domestic animal facilities are allowed as a principal or accessory use in nonresidential districts in accordance with Table 21.10-4, and as an accessory use in residential districts in accordance with Table 21.10-5, with a minimum of 10,000 square feet of land per animal. Structures are allowed up to 8,000 square feet. The number of animals and/or the structure size may be exceeded through conditional use approval in accordance with Section 21.03.080 and subsection 4.g. below.

    b.

    Lot coverage. Lot coverage shall be that of the underlying zoning district except that the planning and zoning commission may allow up to ten percent additional lot coverage above the maximum allowed in the district through the conditional use process.

    c.

    Adjacent lots. 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 common interior lot lines and a primary use need not be located on the adjacent lot.

    d.

    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:

    i.

    Twenty-five feet from any abutting neighbor's lot line; or

    ii.

    Seventy-five feet from residences existing on February 28, 2006, not including any residence in common ownership with the large domestic animal facility; or

    iii.

    Ten feet from any abutting lot line, not including interior lot lines between lots in common ownership, if the separation area is vegetated with L2 buffer landscaping.

    e.

    Fences. Barbed wire shall not be used for fencing of any large domestic animal facilities.

    f.

    Other requirements. Large domestic animal facilities shall:

    i.

    Meet the requirements of AMC Chapter 15.20 regarding animal waste; AMC subsection 15.55.060 B., concerning separation requirements from water supply wells; and Section 21.07.020 concerning stream protection setbacks.

    ii.

    Obtain an animal control facility license per Title 17 requirements.

    iii.

    Obtain certification of compliance with a state of Alaska, Anchorage Soil and Water Conservation District conservation plan, or obtain a letter of intent from the district showing demonstrated intent to come into compliance with a conservation plan within one year.

    iv.

    Comply with licensing and other laws concerning the keeping of animals as set forth in AMC Titles 15, 17, 21.

    g.

    Conditional use standards. If animal density exceeds one large domestic animal per 10,000 square foot of land or structure size exceeds 8,000 square feet, the following shall also apply during the conditional use process:

    i.

    Access. Traffic access shall be from a street constructed to standards found by the traffic engineer to be appropriate to the intensity of the proposed use.

    ii.

    Parking standards. In the event arena seating is provided, the required parking shall be one space per every four seats, or one parking space per stall, whichever is greater.

    iii.

    Lot coverage. Lot coverage shall be that of the underlying zoning district unless the planning and zoning commission allows additional lot coverage above the maximum allowed in the district, not to exceed a ten percent increase.

    iv.

    Additional conditions. The planning and zoning commission may impose additional conditions upon a conditional use approval that are found necessary to protect any person or neighboring use from unsanitary conditions or unreasonable noise or odors, or to protect to the public health and safety.

    5.

    Retail and pet services. Retail and pet services shall comply with the use-specific standards for "animal shelter," above.

    6.

    Veterinary clinic.

    a.

    Veterinary clinics that offer animal boarding shall comply with the use-specific standards above for "animal shelter."

    b.

    In the CE-DO overlay district, all facilities used for animal care shall be completely enclosed within a building.

    7.

    Movie theater. Drive-in movie theaters in the CE-DO area overlaying the CE-B-3 district require a conditional use approval. Enclosed movie theaters are a permitted use.

    8.

    Funeral/Mortuary services. In the Chugiak-Eagle River area, funeral/mortuary services are considered accessory to hospitals and to some governmental functions (such as the state crime lab).

    9.

    Hotel/Motel.

    a.

    In the CE-DO area overlaying the CE-RO district, this use is allowed on sites with a minimum lot area of 14,000 square feet, provided that principal access the use is from a street of class I or greater designation on the Official Streets and Highways Plan.

    b.

    In the CE-DO area overlaying the CE-RO district, hotels/motels with 20 or more rooms may have general personal services and restaurants as accessory uses, when they are clearly incidental to the operation of the hotel/motel.

    F.

    Industrial uses: Definitions and use-specific standards. Except for those uses listed below, see Section 21.05.060. For those uses listed below, the use-specific standards or applicable portions of such standards of this chapter shall apply instead of the use-specific standards of Chapter 21.05.

    1.

    Natural resource extraction, organic and inorganic. In the Chugiak-Eagle River area, this use is conditionally allowed in the CE-R-10 district only in areas where the slope is less than ten percent, and the planning and zoning commission finds that use of that area is appropriate in terms of sufficient contiguous usable area, access to the usable area, minimization of negative impacts to more steeply sloped areas of the same parcel, minimization of negative impacts to neighboring parcels, and suitable post-extraction remediation that results in a suitable interface between the usable areas and the more steeply sloped areas.

    2.

    Storage yard. In the CE-DO overlay district, this use is limited to storage of no more than four pieces of equipment used to provide essential services to property within the downtown Eagle River overlay district, to include snow plowing, snow removal, parking lot clearing, and property maintenance equipment. All equipment storage areas shall be screened in accordance with subsection 21.10.040 G.3.i.iv.

    3.

    Snow disposal site. In the Chugiak-Eagle River area, this use is conditionally allowed in the CE-R-10 district only in areas where the slope is less than ten percent, and the planning and zoning commission finds that use of that area is appropriate in terms of sufficient contiguous usable area, access to the usable area, minimization of negative impacts to more steeply sloped areas of the same parcel, and minimization of negative impacts to neighboring parcels.

    G.

    Accessory uses and structures. Table 21.10-5 below lists the accessory uses and structures allowed within all base zoning districts in the Chugiak-Eagle River area.

    1.

    Explanation of table abbreviations.

    a.

    Permitted uses. "P" in a cell indicates that the accessory use or structure is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this title, including the use-specific standards of this section and the development and design standards set forth in Chapter 21.07 and Section 21.10.070.

    b.

    Administrative site plan review. "S" in a cell indicates that the accessory use or structure requires administrative site plan review in the respective zoning district in accordance with the procedures of subsection 21.03.190 C., administrative site plan review.

    c.

    Conditional uses. "C" in a cell indicates that, in the respective zoning district, the accessory use or structure is allowed only if reviewed and approved as a conditional use in accordance with the procedures of Section 21.03.180, Conditional Uses.

    d.

    Multiple abbreviations. Where Table 21.10-5 indicates more than one abbreviation for a particular use, such as "P/M" or "S/M", then the applicable review procedure is determined by size, geographic location, or other characteristic of the use as specified in this code.

    e.

    Prohibited uses. A blank cell indicates that the accessory use or structure is prohibited in the respective zoning district.

    f.

    Use-specific standards. Regardless of whether an accessory use or structure is allowed by-right or subject to administrative site plan review or conditional use, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a section reference in the last column of the table. These references apply in all Chugiak-Eagle River districts unless otherwise specified.

    g.

    Unlisted accessory uses or structures. An accessory use or structure that is not listed in Table 21.10-5 shall comply with all standards set forth in subsection 21.05.070 B.

    2.

    Table of Allowed Accessory Uses and Structures

    TABLE 21.10-5: TABLE OF ACCESSORY USES - CHUGIAK-EAGLE RIVER RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND OTHER DISTRICTS
    P = Permitted S = Administrative Site Plan Review C = Conditional Use Review
    RESIDENTIAL COMMER. INDUS. OTHER OV
    Accessory Uses CE-R-1 CE-R-1A CE-R-2A CE-R-2D CE-R-2M CE-R-3 CE-R-5 CE-R-5A CE-R-6 CE-R-7 CE-R-8 CE-R-9 CE-R-10 CE-B-3 CE-RO CE-RC CE-I-1 CE-I-2 CE-I-3 CE-DR CE-PR CE-PLI CE-DO C-EVO Definitions and Use-Specific Standards
    Accessory dwelling unit (ADU) P P P P P P P P P P P P P P 21.10.050 H.1.
    21.05.070 D.1.
    Bed and breakfast (up to 3 guestrooms) P P P P P P P P P P P P P P-R P 21.05.070 D.2.
    Bed and breakfast (4 or 5 guestrooms) S S S S S S S S S S S S S S-R S 21.05.070 D.2.
    Beekeeping P P P P P P P P P P P P P P 21.05.070 D.3.
    Caretaker's residence P P P P P P 21.05.070 D.4
    Dormitory C P P 21.05.070 D.5.
    Drive-through service P P P P P P-B/C-R 21.10.050 H.2.
    21.05.070 D.6.
    Farm, hobby P P P P P P P P P P P P S P P 21.05.070 D.8.
    Garage or carport, private residential P P P P P P P P P P P P P P P P P P P P 21.10.050 H.3.
    21.05.070 D.9.
    Home- and garden-related use P P P P P P P P P P P P P P P P P P P P 21.10.050 H.4.
    21.05.070 D.10.
    Home occupation P P P P P P P P P P P P P P P P P P P P P P 21.10.050 H.5.
    21.05.070 D.11.
    Intermodal shipping container P P P P P P P P P P P P P P P P P P P P P P P 21.10.050 H.6.
    21.05.070 D.12
    Large domestic animal facility P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C 21.05.070 D.13.
    Outdoor keeping of animals P P P P P P P P P P P P P P P P 21.05.070 D.14.
    Outdoor display accessory to a commercial use P P P P P P P 21.05.070 D.15.
    Outdoor storage accessory to a commercial use P P P P P P 21.05.070 D.16.
    Outdoor storage associated with a community use S S S 21.05.060D.22.
    Outdoor storage of vehicles and/or equipment associated with a community use S S S 21.05.060D.23.
    Parking of business vehicles, outdoors, accessory to a residential use P P P P P P P P P P P P P P P P P P P 21.05.070 D.17.
    Private outdoor storage of non-commercial equipment accessory to a residential use P P P P P P P P P P P P P P P P P 21.05.070 D.18.
    Telecommunications antenna only, large P P P P P P P P P P P P P P P P -R P 21.05.040K.
    Telecommunications antenna only, small P P P P P P P P P P P P P 21.05.040k.
    Type 4 tower S S S S S S S S S S S S S S S S S -R S 21.05.040K.
    Vehicle repair/rebuilding, outdoor, hobby P P P P P P P P P P P P P P P 21.10.050 H.7.
    21.05.070 D.19.
    Wind energy conversion system (WECS), freestanding small S S S S S S S S S S S S S S S S/C S/C S/C S/C
    Wind energy conversion system (WECS), building mounted small S S S S S S
    For uses allowed in the CE-DO (Downtown Eagle River Overlay District), when the abbreviation of the approval process is followed by a "-R", that indicates the use is allowed only in the portion of the overlay district where the underlying zoning is RO. When the abbreviation of the approval process is followed by a "-B", that indicates the use is allowed only in the portion of the overlay district where the underlying zoning is B-3. If the abbreviation of the approval process has no suffix, then the use is allowed anywhere in the overlay district. For example, "P-R" means that the use is permitted only in the portion of the overlay district where RO is the underlying district.
    Accessory dwelling units in the CE-R-1 and CE-R-1A districts are limited to attached ADUs, which are added to or created within single-family dwellings.
    In the CE-R-3 district, outdoor keeping of animals is only permitted accessory to a single-family detached dwelling.
    The telecommunications antenna is allowed only when meeting the concealment standards of subsection 21.05.040K.8.d. and as accessory to a multifamily structure containing at least seven dwelling units or a nonresidential use.
    The tower or telecommunications antenna is allowed only as accessory to a multifamily structure containing at least seven dwelling units, or to a nonresidential use.

     

    H.

    Accessory uses and use-specific standards. Except for those uses listed below, see Section 21.05.070. For those uses listed below, the use-specific standards or applicable portions of such standards of this chapter shall apply instead of the use-specific standards of Chapter 21.05.

    1.

    Accessory dwelling unit (ADU).

    a.

    Size.

    i.

    Detached ADUs on lots of one acre or more shall have a maximum gross floor area of 1,000 square feet. (Amends subsection 21.05.070 D.1.b.iii.(C)(6)(a))

    ii.

    Notwithstanding subsection 1.a. above, the gross floor area of an ADU (excluding a garage) shall not exceed 40 percent of the gross floor area of the principal dwelling (excluding any garage). (Replaces subsection 21.05.070 D.1.b.iii.(C)(6)(b))

    b.

    Additional requirements for detached ADUs.

    i.

    Subsection 21.05.070 D.1.b.iii.(D) shall not apply in the Chugiak-Eagle River area. Detached ADUs shall not exceed the height of the principal structure.

    ii.

    ADUs in the Chugiak-Eagle River area shall share a common driveway with the principal dwelling unit or have access from an alley.

    2.

    Drive-through service. In the CE-DO area overlaying the CE-RO district, two or more drive-through stations associated with a financial institution requires a conditional use approval pursuant to Section 21.03.080.

    3.

    Garage or carport, private residential.

    a.

    In CE-R-1, CE-R-1A, CE-R-2A, and CE-R-2D districts all garages or carports accessory to a single residential use, whether attached or detached from the principal structure shall cumulatively be no larger than 100 percent of the total gross floor area of the principal structure for lots smaller than 10,000 square feet, but not to exceed allowable lot coverage. For lots greater than 10,000 square feet, garages or carports may be up to 100 percent of total gross floor area of the principal structure or up to ten percent of the total lot area, whichever is greater, but shall not exceed maximum allowable lot coverage for the zone.

    b.

    In the CE-R-2M and CE-R3 districts all garages or carports accessory to a single residential use, whether attached to or detached from the principal structure, shall cumulatively be no larger than 50 percent of the total gross floor area of the principal structure.

    c.

    In the CE-R-5, CE-R-5A, CE-R-6, and CE-R-7 districts, all garages or carports accessory to a single residential use, whether attached or detached from the principal structure shall cumulatively be no larger than 100 percent of the total gross floor area of the principal structure for lots smaller than 10,000 square feet. For lots greater than 10,000 square feet, garages or carports may be up to ten percent of the total lot area, but shall not exceed maximum lot coverage.

    d.

    In the CE-R-8 district, all garages or carports accessory to a single residential use, whether attached to or detached from the principal structure, shall cumulatively be no larger than 100 percent of the total gross floor area of the principal structure.

    e.

    In the CE-R-9 and CE-R-10 districts, all garages or carports accessory to a single residential use, whether attached or detached from the principal structure shall cumulatively be no larger than 100 percent of the total gross floor area of the principal structure.

    f.

    In all residential zones, exterior garage materials, to include siding, trim and windows, shall be similar in character to those of the principal structure.

    4.

    Home- and garden-related use. In class B zoning districts except for the CE-R-7 district, all detached accessory structures under this use are restricted in size to the maximum percentage of lot coverage shown in Tables 21.10-6 and 21.10-7 or ten percent of the lot area, whichever is less. (Replaces subsection 21.05.070 D.10.b.iii.)

    5.

    Home occupation (Replaces subsection 21.05.070D.11.b.). A home occupation may be conducted in a dwelling unit or in a building accessory to a dwelling unit, but not an ADU, provided that:

    a.

    Each property is limited to two home occupations. The restrictions of this section apply cumulatively to both, unless specified otherwise.

    b.

    A permanent resident of the dwelling unit is engaged in the home occupation(s) on the premises. Only one nonresident may be engaged in the home occupation(s) on the premises.

    c.

    On lots less than 40,000 square feet the use of a dwelling unit for a home occupation(s) shall be clearly incidental and subordinate to its residential use. This standard is met by and limited to one of the following:

    i.

    No more than the lesser of 25 percent or 500 square feet of the floor area of the principal dwelling is devoted to the home occupation(s); or

    ii.

    No more than 300 square feet of an accessory building is devoted to the home occupation(s); or

    iii.

    No more than 250 square feet of the principal dwelling and 250 square feet of an accessory building are devoted to the home occupation(s).

    d.

    On lots 40,000 square feet or greater the use of a dwelling unit for a home occupation(s) shall be clearly incidental and subordinate to its residential use. This standard is met by and limited to one of the following:

    i.

    No more than the lesser of 40 percent or 650 square feet of the gross floor area of the primary structure is devoted to the home occupation(s); or

    ii.

    No more than 100 percent of a single accessory structure, not to exceed the square footage of the principal structure, is devoted to the home occupation(s); or

    iii.

    No more than 25 percent of the principal dwelling and 60 percent of an accessory building are devoted to the home occupation(s).

    e.

    Except as provided in Chapter 21.11, Signs, there shall be no change to the outside of the building or premises, nor shall there be other visible evidence of the conduct of such home occupation(s) to the outside of the building or the premises.

    f.

    Vehicles making deliveries shall not be parked at the site for a period exceeding one hour.

    g.

    No traffic or deliveries shall be generated by such home occupation(s) in greater volume than would normally be expected in a residential neighborhood.

    h.

    All visible vehicles used in connection with the home occupation(s) shall, except for delivery vehicles allowed above, be of the type commonly used for personal non-commercial transportation.

    i.

    On lots less that 40,000 square feet home occupations shall comply with the requirements of subsection 21.05.070 D.17.

    j.

    On lots of 40,000 square feet or greater, no more than two motor vehicles bearing visible evidence of the home occupation are allowed for each home occupation.

    k.

    The peace and quiet of the neighborhood shall not be disturbed. No equipment or process shall be used in such home occupation(s) that creates noise, vibration, glare, fumes, or odors detectable to the normal senses at the property line. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes a fluctuation in line voltage off the premises. No hazardous or toxic materials shall be stored on the property as part of the home occupation(s).

    l.

    The hours of operation during which an employee or co-worker, clients, or customers are allowed to come to the home in connection with the business activity are limited to between 7:00 a.m. and 10:00 p.m. Monday through Saturday. Care and feeding of animals is exempted from this provision.

    m.

    A home occupation shall not include, but is not limited to excluding, the following: veterinary or animal hospital; restaurant; and vehicle repair, unless allowed below under "vehicle repair/rebuilding, outdoor, hobby."

    6.

    Intermodal Shipping Container (Connex Unit) (Replaces subsection 21.05.070 D.12.). The use of a connex unit is allowed in all zoning districts subject to the following:

    a.

    Standards when use is within class A residential districts.

    i.

    Connex shall be screened from view by other structures or by L2 buffer landscaping, and be sided with materials similar to those of the principal structure or as approved by the director; and

    ii.

    Shall obtain a land use permit.

    b.

    Standards when use is within class B residential districts.

    i.

    Connex shall be screened from view by other structures or by L2 buffer landscaping, or be sided with materials similar to those of the principal structure or as approved by the director; and

    ii.

    Shall obtain a land use permit.

    c.

    Standards when use is within commercial or other districts.

    i.

    Connex shall be screened from view by other structures or by L2 buffer landscaping, or be sided with materials similar to those of the principal structure or as approved by the director; and

    ii.

    Shall obtain a land use permit.

    d.

    Standards when use is within industrial districts. Up to four connex units may be placed on a lot without a land use permit.

    e.

    General standards.

    i.

    All connex units shall meet the setbacks of the zoning district.

    ii.

    Self-storage establishments in compliance with the development standards of subsection 21.05.060 D.4. are exempt from this section.

    iii.

    Loading or unloading a connex unit, or the use of a connex during construction is exempt from this section.

    iv.

    In residential districts on lots of less than 40,000 square feet, connex units existing on January 1, 2014 that are not in compliance with this section shall be brought into compliance, removed, or relocated within two years of January 1, 2014 without charge for the associated land use permit(s).

    7.

    Vehicle repair/rebuilding, outdoor, hobby (replaces subsection 21.05.070 D.19.b.).

    a.

    In the Chugiak-Eagle River area, this use includes repair and rebuilding of boats and airplanes.

    b.

    On lots less than 40,000 square feet:

    i.

    Only one inoperative vehicle may be stored outdoors on the site at any given time.

    ii.

    Any vehicle being rebuilt or repaired shall be the property of the resident of the principal structure.

    iii.

    Repair or rebuilding work shall take place to the rear or side of the principal structure and shall be screened from view from all property lines and adjacent rights-of-way by a sight obscuring fence between six and eight feet in height, or by L1 visual enhancement landscaping as described in 21.07.080 E.

    c.

    On lots 40,000 square feet or larger:

    i.

    Up to three inoperable vehicles may be stored outdoors on the site at any given time.

    ii.

    Any vehicle being rebuilt or repaired shall be the property of the resident of the principal structure.

    iii.

    Repair or rebuilding work shall be screened from view of all property lines and adjacent rights-of-way by sight obscuring fencing or L2 buffer landscaping as described in 21.07.080E.

    I.

    Prohibited accessory uses.

    1.

    Parking of commercial vehicles, outdoors (replaces subsection 21.05.070E.7.). The outdoor storage or parking of a commercial vehicle or trailer for less than 48 hours is permitted in all residential districts, if the vehicle or trailer is licensed to the homeowner, is regularly used for business purposes, and is:

    a.

    On lots less than 40,000 square feet:

    i.

    A vehicle for which a commercial driver's license is not required by state law; and

    ii.

    A vehicle or trailer having two axles or less; and

    iii.

    Any trailer not bearing commercial signage, logo, or carrying commercial or industrial equipment or supplies; and

    iv.

    A vehicle or trailer having a height of 90 inches or less.

    b.

    On lots 40,000 square feet or larger:

    i.

    A vehicle or trailer having no more than three axles; and

    ii.

    Any trailer not carrying commercial or industrial equipment or materials; and

    iii.

    A vehicle or trailer having a height of 160 inches or less.

    J.

    Structures.

    1.

    Fabric structures (replaces subsection 21.05.070 E.2.).

    a.

    Fabric structures that are engineered, commercially manufactured, and designed to meet wind and snow loads of the Chugiak-Eagle River area are an allowed structure type for any permitted or conditional principal or accessory use on parcels of 40,000 square feet or larger in class B districts, or in the CE-I-1, CE-I-2, CE-I-3, CE-RC, CE-AD, CE-PLI, CE-PR, and CE-PCD districts.

    b.

    Maximum square footage of the structure shall be 8,000 square feet. Structures may exceed 8,000 square feet through a conditional use approval in accordance with Section 21.03.080.

    c.

    Setbacks and height restrictions shall be as per the underlying zoning district.

    2.

    Quonset hut.

    a.

    In the class B commercial, industrial, CE-PLI, and CE-PR zoning districts, Quonset huts are an allowed structure type for any permitted or conditional principal or accessory use.

    b.

    In the class B residential zoning districts, Quonset huts are an allowed structure type for any permitted accessory use.

    c.

    Quonset huts are not an allowed structure type in the CE-DO overlay district.

    d.

    In the CE-EVO, Quonset huts are an allowed structure type for any principal or accessory use.

(AO 2012-124(S), 2-26-13; AO 2013-117, 12-3-13; AO 2013-139, § 2, 1-28-14; AO No. 2014-40(S), §§ 2(Att. A), 3, 4, 5-20-14; AO No. 2014-58, § 4(Att. C), 5-20-14; AO No. 2015-133(S), § 5, 2-23-16 ; AO No. 2015-142(S-1), §§ 8, 9, 6-21-16 ; AO No. 2016-3(S), §§ 15—17, 2-23-16 ; AO No. 2016-54, § 1, 6-7-16 ; AO No. 2016-136 , § 4, 11-15-16; AO No. 2017-10 , § 2, 1-24-17; AO No. 2017-57 , § 2, 4-1-17 AO No. 2017-160 , § 6, 12-19-17)