§ 21.40.117. R-11 Turnagain Arm district.

The following statement of intent and use regulations shall apply in the R-11 district:

A.

Intent. The R-11 district is intended to govern the land uses for that area known as Turnagain Arm south of Potter Marsh, including but not limited to Rainbow, Bird Creek, Indian, Girdwood, the Crow Creek inholdings and Portage. The permitted uses and densities are to generally conform to the policies, land use patterns and residential densities of the adopted Turnagain Arm Comprehensive Plan, as modified by the Girdwood Area Plan. The Turnagain Arm Comprehensive Plan, as modified by the Girdwood Area Plan, recognizes the need for some form of land use control system in the Turnagain Arm area. Growth in the area is likely to accelerate with the expansion of public facilities, the disposal of municipal lands and the availability of vacant, developable land; however, development patterns are still not clearly defined, especially in the more remote sections of Turnagain Arm. Flexible controls are required to deal with anticipated growth, since development patterns and densities are uncertain. Community concern has centered upon the need to provide flexibility in the design and planning of land uses while providing control over major developmental activities and their impacts. These controls are structured to integrate site design with unique scenic and environmental features, and to provide control over the major secondary impacts of development. The R-11 district regulations employ the conditional use process to provide review for major development activities. By providing a public review process and by requiring submission of detailed site plans, greater compatibility between the proposed uses and adjacent existing uses can be obtained.

B.

Permitted principal uses and structures. Permitted principal uses and structures are as follows:

1.

All uses and structures that conform to the land use plans of the Turnagain Arm Comprehensive Plan as amended by the Girdwood Area Plan, except uses and structures designated as conditional uses in subsection D of this section. Where residential use is a conforming use, then by permit from the administrative official, a motor home or other recreational vehicle with a fully operable self-contained sanitation system may be used on site as temporary living quarters for not more than 18 months while a permanent dwelling is being constructed or repaired.

a.

The property owner or person intending to occupy the temporary living quarters during construction of the permanent dwelling shall secure a permit from the administrative official before a motor home or other recreational vehicle is used on site as temporary living quarters. A permit issued under subsection 21.40.117B.1.a. shall not be renewed and only one permit under subsection 21.40.117B.1.a. shall be issued for the same parcel within any ten-year period. The permit may be granted only upon the applicant's written certification, with attachments, that:

i.

The self-contained sanitation system is fully operable and shall be used with zero on-site discharge, including no on-site gray water discharge, except through an approved septic system; and

ii.

Site access is sufficient and shall be used to transport refuse and excess waste year-around for proper off-site disposal; and

iii.

Electrical utility service is on-site for use during the permit period and no generators shall be used; and

iv.

Proof of a current building permit or land use permit is attached; and

v.

If temporary connection to an on-site septic system is to be used, proof is attached that an approved septic system is in place.

b.

If a permanent dwelling is damaged by fire, earthquake or other natural cause to the extent it is uninhabitable, a permit may be issued for occupancy of a motor home or other recreational vehicle with a fully operable self-contained sanitation system, during the period of rehabilitation or repair, not to exceed 18 months. A permit issued under subsection 21.40.117B.1.b. shall not be renewed. The permit may be granted only upon the applicant's written certification, with attachments, that:

i.

The self-contained sanitation system is fully operable and shall be used with zero on-site discharge, including no on-site gray water discharge, except through an approved septic system; and

ii.

Site access is sufficient and shall be used to transport refuse and excess waste year-around for proper off-site disposal; and

iii.

Electrical utility service is on-site for use during the permit period and no generators shall be used; and

iv.

Proof of a current building permit or land use permit is attached; and

v.

If temporary connection to an on-site septic system is to be used, proof is attached that an approved septic system is in place.

c.

Only one motor home or other recreational vehicle shall be permitted for use as temporary living quarters on any parcel of land during the construction or repair of a permanent dwelling. The motor home or recreational vehicle placement on the lot shall comply with the yard setbacks of the underlying zoning district.

2.

Placer mining operations, which are subject to a wastewater discharge permit issued by the state department of environmental conservation, only if they do not involve the removal of any natural resources other than small quantities of precious metals, such as gold, silver and platinum, from the premises.

3.

Churches, to include any place of religious worship, along with their accessory uses, including, without limitation, parsonages, meeting rooms and child care provided for persons while they are attending religious functions. Use of church buildings other than the parsonage for the purpose of housing or shelter is not permitted, except as allowed by this title.

4.

One type 4 local interest tower and/or antenna(s) as specified in the supplementary district regulations.

5.

With a permitted non-residential use or residential use of 6 dwelling units or more as a secondary and subordinate use and as specified in the supplementary district regulations, antennas without tower structures, type 1, 3, local interest towers and type 4 tower structures and antennas.

6.

Child care homes.

7.

Child care centers, subject to administrative site plan review as specified in the supplementary district standards.

8.

Adult care facilities with one through eight persons.

9.

Small residential care facilities.

10.

Tower, high voltage transmission, maximum average tower height of 70 feet above ground level. The average height shall be determined by adding the heights from ground level of all towers in a project and dividing by the total number of structures. The result shall be the "average tower height."

11.

Restaurant or eating place alcoholic beverage license use, approved in accordance with administrative site plan review under 21.50.500, provided the principal and accessory uses are permitted non-residential uses within the Turnagain Arm district, pursuant to the Turnagain Arm Comprehensive Plan as amended by the Girdwood Area Plan.

C.

Permitted accessory uses and structures. Permitted accessory uses and structures are as follows:

1.

Accessory uses and structures which are customarily incidental to permitted principal uses.

2.

Keeping honey bees, Apis mellifera, in a manner consistent with the requirements of all titles of this Code. Colonies shall be managed in such a manner that their flight path to and from the hive will not bring them into contact with people on adjacent property. To accomplish this, colonies shall be:

a.

At least 25 feet from any lot line not in common ownership; or

b.

Oriented with entrances facing away from adjacent property; or

c.

Placed at least eight feet above ground level; or

d.

Placed behind a fence at least six feet in height and extending at least ten feet beyond the hive in both directions.

No more than four hives shall be placed on lots smaller than 10,000 square feet.

3.

The outdoor harboring or keeping of dogs, animals and fowl in a manner consistent with the requirements of all titles of this Code. Paddocks, stables or similar structures or enclosures which are utilized for the keeping of animals other than dogs shall be at least 25 feet from an abutting neighbor's lot line. Alternatively, uncovered animal enclosures shall be at least 75 feet from residences existing at the date of adoption of this ordinance on abutting lots, or shall be at least ten feet from the abutting neighbor's lot line if the separation area is a vegetative buffer as per 21.45.125(C)(2).

4.

Bed and breakfast with three or less guestrooms.

5.

Bed and breakfast with four guestrooms only by administrative site plan review.

6.

Large domestic animal facilities on sites 40,000 square feet or larger as accessory to a permitted residential use, where the large domestic animal facility building area does not exceed 4,000 square feet.

7.

Fewer than four large domestic animals, subject to conformity with the requirements of Titles 15, 17 and 21.

8.

One small wind energy conversion system by administrative site plan review and subject to the requirements of section 21.45.410.

D.

Conditional uses. The following uses and structures shall be required to meet the conditions and procedures of the conditional uses and site plan standards and procedures in section 21.15.030, and in Chapter 21.50, and such other requirements, derived from the standards of the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, and this title, as the planning and zoning commission may impose:

1.

Multifamily uses not along the Alyeska Highway that are four-plex or greater in density.

2.

Commercial uses as follows:

a.

Commercial structures of more than 4,000 square feet in area designated commercial or residential-commercial on the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, land use plan map for Girdwood Valley.

b.

Commercial structures of more than 2,000 square feet in area in all other areas designated "commercial" on the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, land use plan maps.

c.

Uses occupying an area of more than 14,400 square feet in those areas designated as "commercial" or "residential-commercial" on the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, land use plan map for Girdwood Valley.

3.

Institutional uses of more than 4,000 square feet that are permitted by section 21.40.020.B.

4.

Uses defined as industrial by section 21.35.020 and not included within an area designated as "industrial" on the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, land use plan map for Girdwood Valley, in which case they shall be treated as a permitted use.

5.

Modular structures, mobile homes and mobile home parks.

6.

Junkyards, automobile wrecking yards and salvage yards.

7.

Natural resource extraction, including placer mining operations in which rock byproduct is removed from the premises.

8.

Uses involving alcoholic beverage sales and dispensing.

a.

Alcoholic beverage license use for a restaurant or eating place licensed by the State Alcoholic Beverages Control Board to sell beer and wine for consumption only on the licensed premises is permitted subject to the administrative site plan review standards in section 21.50.500.

9.

Cemeteries.

10.

Utility substations.

11.

Type 1, 2 and 3 community interest and local interest towers that do not meet the supplementary district regulations for a permitted or accessory use.

12.

Snow disposal sites, solid waste processing transfer facilities and landfills, including areas for the disposal of building and organic material.

13.

Airstrips and heliports.

14.

Planned unit developments.

15.

All uses and structures that do not conform to the land use plans of the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, or that are located on a site whose use or density classification on those land use plans is uncertain. This subsection does not apply to property located in Girdwood Valley, as depicted on the Girdwood Area Plan, land use map.

a.

Before approving a conditional use permit for a commercial or industrial use in an area indicated on the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, land use maps as residential, in addition to the findings required by section 21.50.020, the planning and zoning commission shall make findings as to why it is appropriate to permit the requested use in that location.

16.

Bed and breakfast with five guestrooms.

17.

Roominghouses.

18.

Large domestic animal facilities in excess of the standards established in 21.45.350C.

19.

Large domestic animal facilities on sites 40,000 square feet or larger as accessory to a permitted residential use, where the large domestic animal facility building area does not exceed 4,000 square feet.

20.

Adult care facilities with nine or more persons.

21.

Health care facilities.

22.

Large residential care facilities.

23.

Tower, high voltage transmission, exceeding maximum average tower height of 70 feet. Towers exceeding the maximum average of 70 feet in height may be replaced with a like tower, or a shorter tower, without the requirement for a conditional use. When a road project or other public works project causes a utility to modify its existing facilities to accommodate the design of the public works project, a maximum of four structures of an existing transmission line may be replaced with structures exceeding the maximum average of 70 feet in height without the requirement for a conditional use.

E.

Prohibited uses. The following uses are prohibited:

1.

Outdoor storage or display of scrap, junk, salvaged or secondhand materials except within the area designated "industrial" on the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, land use map, in which case they shall be treated as a conditional use.

2.

Manufacture or packaging of cement products, feed, fertilizer, flour, glue, paint, petroleum products, soap, turpentine, varnish, charcoal or distilled products, or similar industrial uses.

3.

Any use which causes or may reasonably be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate matter, radiation, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the lot on which it is located. Operation of particle accelerator systems, including cyclotrons, is prohibited. The term "excessive" is defined for the purpose of this subsection as to a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious to the public health, safety, welfare or convenience.

F.

Minimum lot requirements. Minimum lot requirements are as follows:

	Use			Lot Size (square feet)	Lot Width (feet)
1.	Residential:
		With sewers		10,400	70
		Without sewers:
		a.	Girdwood	50,000	100
		b.	Bird Creek, Indian Valley, Portage, Crow Creek inholdings	108,150	100
		c.	Rainbow Valley inholdings	216,300	100
2.	Commercial:
		With sewers		8,400	50
		Without sewers		50,000	100
3.	Industrial:
		With sewers		8,400	50
		Without sewers		50,000	100
4.	Institutional:
		With sewers		8,400	50
		Without sewers		50,000	100

 

G.

Minimum yard requirements. Minimum yard requirements are as follows:

1.

Residential uses.

a.

Front: 20 feet.

b.

Side: Five feet.

c.

Rear: Ten feet.

2.

Commercial uses.

a.

Front yard: Ten feet and as provided in chapter 21.45.

b.

Side yard: Ten feet adjacent to a residential district, otherwise five feet.

c.

Rear yard: 15 feet adjacent to a residential district; otherwise ten feet.

3.

Industrial uses.

a.

Front yard: Ten feet and as provided in chapter 21.45.

b.

Side and rear yard: None, except that, where a lot adjoins a residential use, a side or rear yard shall be provided equal to that required in the adjoining residential use. If a side or rear yard is provided elsewhere, it shall be not less than five feet in width.

4.

Institutional uses.

a.

Front: 25 feet.

b.

Side: Ten feet.

c.

Rear: 15 feet.

H.

Maximum lot coverage. Maximum lot coverage is as follows:

1.

Residential uses:

a.

Less than one dwelling unit per acre: 30 percent.

b.

One to five dwelling units per acre: 30 percent.

c.

Five and over dwelling units per acre: 40 percent.

2.

Commercial uses: 70 percent.

3.

Industrial uses: 100 percent.

4.

Institutional uses: 30 percent.

I.

Maximum height of structures. Maximum height of structures is 35 feet unless a conditional use permit is obtained for a greater height.

J.

Signs. Signs may be allowed in connection with any permitted use, subject to the provisions of the supplementary district regulations according to the use proposed.

K.

Parking. Adequate off-street parking shall be provided in connection with any permitted use as provided in the supplementary district regulations, except that paving shall not be required for single-family and two-family residential uses. However, urban subdivisions shall meet the parking requirements of chapter 21.85.

1.

Block 1, Lots 1—22 and Block 3, Lots 1—6 of the New Girdwood Townsite Subdivision are exempt from the parking requirements of this subsection, the parking calculations of section 21.45.080, and the parking requirements of the Girdwood Commercial Areas and Transportation Master Plan until the creation of an assessment district, payment-in-lieu program, or other enactment which includes the construction of public parking to serve these properties. In the interim, affected property owners may voluntarily provide on-site parking, subject to the applicable improvement standards. This subsection shall be null and void upon certification by the executive director of the office of planning, development and public works that the public parking contemplated herein has been constructed, at which time all properties previously exempt hereunder shall provide the required parking through the assessment district, payment-in-lieu program or other enactment. This clause shall sunset in four years from date of implementation (6-5-2005).

L.

Loading facilities. Off-street loading facilities shall be provided in accordance with the provisions of the supplementary district regulations.

M.

Preservation of existing vegetation. The removal of natural vegetation is prohibited except in connection with a permitted use or an approved conditional use. Removal of natural vegetation and disturbance of the existing ground cover shall be avoided to the maximum extent practicable when permitted construction is undertaken.

N.

Refuse collection. Refuse collection facilities shall be provided in accordance with chapter 21.45.

O.

Illumination. Illumination shall be provided in the manner prescribed in section 21.45.080.W.4.e so as to prevent unreasonable glare onto an adjacent street or residential use.

P.

Storm drainage. A site drainage plan shall be prepared and storm drainage facilities shall be constructed in accordance with such plan and the requirements of section 21.45.230.

Q.

Landscaping.

1.

Arterial landscaping. Arterial landscaping, as described in section 21.45.125.C.4, shall be planted along the length of each commercial lot line which abuts a collector or arterial street, as designated in the official streets and highways plan, unless otherwise required for commercial uses along Crow Creek Road and the Alyeska Highway by the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan.

2.

Buffer landscaping. Buffer landscaping, as described in section 21.45.125.C.2, shall be planted along the length of each commercial or institutional lot line which abuts a lot designated "residential" in the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, land use map.

3.

Screening landscaping. Screening landscaping, as described in section 21.45.125.C.3, shall be planted along the length of each industrial lot line which abuts a lot designated "residential" in the Turnagain Arm Comprehensive Plan, as amended by the Girdwood Area Plan, land use map.

4.

Visual enhancement landscaping. All areas not occupied by buildings, structures, storage yards, drives, walks, off-street parking or other authorized installations shall be planted with visual enhancement landscaping, as described in section 21.45.125.

5.

Maintenance. The property owner shall maintain all landscaping in good condition.

(AO No. 82-162; AO No. 84-34; AO No. 85-28; AO No. 85-78; AO No. 85-91, 10-1-85; AO No. 86-122; AO No. 86-182; AO No. 88-143; AO No. 88-144, 11-26-88; AO No. 88-171(S-1), 12-31-88; AO No. 94-120, § 1, 8-23-94; AO No. 94-238(S), § 3, 2-28-94; AO No. 94-239, § 1, 2-14-95; AO No. 96-118, § 1, 8-22-96; AO No. 96-118, § 1, 8-13-96; AO No. 99-62, § 15, 5-11-99; AO No. 2001-88, § 1, 6-5-01; AO No. 2005-175, § 12, 1-10-06; AO No. 2005-178, § 13, 1-24-06; AO No. 2005-185(S), § 14, 2-28-06; AO No. 2005-124(S-1A), § 17, 4-18-06; AO No. 2006-121, § 8, 9-26-06; AO No. 2006-64(S-1), §§ 2, 3, 12-12-06; AO No. 2007-121(S-1), § 1, 10-23-07; AO No. 2010-50(S), § 14, 8-31-10)