= Permit Required |
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Mud Bay City Zoning Code
18.70 Zoning
Districts
18.70.010 Zoning map.
“The Official Zoning Map of the Haines Borough, Alaska,” was adopted by the borough assembly on April 21, 2004, and revised by ordinance pursuant to HBC 18.70.060 on June 28, 2005, April 18, 2006, April 22, 2008, July 22, 2008, August 12, 2008, September 11, 2018, and July 26, 2022. A copy of the most current official map shall be retained in the office of the manager for public inspection.
A. Where uncertainty exists as to the boundaries of zoning districts or zones as shown on the zoning map, the manager shall apply the following rules to interpret such boundaries:
1. Boundaries indicated as approximately following the center lines of easements, streets, highways, or alleys shall be construed to follow such center lines;
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
3. Boundaries indicated as approximately following borough limits shall be construed as following such borough limits;
4. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, lakes, or other bodies of water shall be construed to follow such center lines;
5. Boundaries indicated as parallel to or extensions of features indicated in subsections (A)(1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
B. Where a zoning district or zone boundary line divides a lot which was in single ownership at the time of passage of this chapter, the manager may permit the extension of the regulations for either portion of the lot not to exceed 500 feet beyond the zoning district or zone line into the remaining portion of the lot. (Ord. 22-06-621 § 4; Ord. 18-08-505 § 4; Ord. 08-08-188; Ord. 08-05-182; Ord. 05-05-107)
18.70.020 Annexation.
All territory which may be annexed to the borough shall be placed in the general use zone (GU), for a maximum of two years, at which time the zoning shall be changed by the commission based upon existing and proposed land use and the comprehensive plan. (Ord. 19-02-522 § 4)
18.70.030 Zoning districts – Zones.
The borough is hereby divided into the following zoning districts and zones. These districts and zones are depicted on the official borough zoning map.
A. Townsite Planning/Zoning District. The townsite planning/zoning district is defined as that area known as the townsite service area.
1. I/H – Heavy Industrial Zone. The intent of the heavy industrial zone is to provide for and protect productive heavy industry. Areas zoned as heavy industrial should be located so that adjacent nonindustrial areas are buffered from the external effects common to heavy industry including noise, dust, vibration, glare, pollution, heavy traffic and unsightly uses or activities. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.
2. I/L/C – Light Industrial/Commercial Zone. The intent of the light industrial/commercial zone is to provide for and protect the light industrial and commercial needs of the community. Light industrial land uses are distinct from heavy industrial uses in that they do not create the external effects typical of heavy industry. Enclosed manufacturing, wholesaling and warehousing are typical light industrial uses. Areas designated into the light industrial/commercial zone should be served by, or have access to, public utilities and roadways capable of handling the increased uses caused by business growth within the zone.
3. I/W – Waterfront Industrial Zone. The intent of the waterfront industrial zone is to provide for and protect productive, marine-related heavy industries, including wharfage, natural resource export, milling and major seafood processing. Areas zoned as waterfront industrial should be located so that adjacent nonindustrial areas are buffered from the external effects common to heavy industry including noise, dust, vibration, glare, pollution, heavy traffic and unsightly uses or activities. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.
4. C – Commercial Zone. The intent of the commercial zone is to protect and enhance areas of existing commercial development and to provide areas for the continued growth of commercial enterprise. The uses in this zone are oriented toward serving the commercial needs of the residents of the borough, the surrounding area and visitors. The area is served by, or is planned to have, the necessary level of utilities and an adequate transportation system as deemed appropriate for the planned use.
5. W – Waterfront Zone. The intent of the waterfront zone is to permit residential, and waterfront-related light industrial and commercial activity compatible with the existing character of the adjacent properties.
6. SSA – Significant Structures Area Zone. The intent of the significant structures area zone is to preserve the architectural character and historic significance of Fort William H. Seward and conserve the waterfront area for public access and use while continuously enhancing opportunities for adaptive reuse, including residential and new business activity in the area. Development in the SSA zone which incorporates design elements including architectural style, open space, sidewalks, trees, landscaped setbacks, plazas, pedestrian amenities and outdoor pedestrian activity areas is encouraged.
7. SR – Single Residential Zone. The intent of the single residential zone is to provide for and protect areas for low density, individual home sites and quiet residential uses. All new development in this zone should be planned to maintain and enhance the single-unit residential character of the existing neighborhood. New development areas included in this zone should be designed and developed to provide residential areas on low volume streets sheltered from other existing or proposed uses. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.
8. MR – Multiple Residential Zone. The intent of the multiple residential zone is to provide and protect areas for higher density residential development. Other compatible uses that are commonly associated with higher density residential areas, such as small-scale commercial uses designed to serve the neighborhood, may be allowed. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.
9. RR – Rural Residential Zone. The intent of the rural residential zone is to provide areas for low-density, single-residential, and agricultural uses along with limited, compatible, low-impact commercial uses. The zone has a minimum lot-size of one acre. This zone is intended for areas where development trends, limited transportation and utility systems and physical features indicate the appropriateness of a low intensity use.
10. RMU – Rural Mixed Use Zone. The intent of the rural mixed use zone is to allow for a broad mixture of uses including, as uses-by-right, single and multiple dwelling residential uses and, generally, commercial and light industrial uses by conditional use permit. Where public water or sewer utilities are unavailable, the size, slope, dimension and soil type of subdivision lots must be adequate to support on-site water and wastewater systems to properly serve the planned use of the property.
11. Repealed by Ord. 19-02-522.
12. REC – Recreational Zone. The intent of the recreational zone is to serve the outdoor recreational needs of the community and to provide protection for sensitive habitat areas. Included in this zone are publicly owned lands planned for recreational use. The recreational zoning designation may be applied to conservation easements and privately owned open space as requested by the owner. Lands zoned as recreational may include areas specified for buffers and greenbelts designed for walking, hiking and biking on maintained trails, or stream-bank riparian habitat. Motorized use may be prohibited by ordinance in specific areas.
B. Mud Bay Planning/Zoning District.
1. Intent. The intent of this district is to preserve the zoning provisions of the former land use service area No. 1 (Mud Bay) as a rural residential zone and for the people of the Mud Bay community to preserve their lifestyle, community scale, and the basic rights of health, safety and welfare in accordance with the goals and objectives developed from the Haines Borough comprehensive plan.
2. Applicability. This district shall be defined as:
Beginning at the NW corner of Section 14, T31S, R59E, CRM; thence due south to SW corner of Section 26, T31S, R59E CRM; thence southeast to SW corner of Section 21, T32S, R60E CRM; thence due east to SE corner of Section 21, T32S, R60E CRM; thence northeast to NE corner of Section 22, T32S, R60E CRM; thence north-northwest to NE corner of Section 17, T31S, R60E CRM; thence due west to the point of beginning. This describes an area of the Chilkat Peninsula from the southern edge of the Carr’s Cove Subdivision to Seduction Point, and including Kochu Island.
3. Rural Residential Zone (MBRR).
a. Purpose. This zone is intended to provide for the establishment of a rural residential area allowing for single-family dwellings and cottage industries.
b. Applicability. This zone shall encompass all lands within the Mud Bay planning/zoning district with the exception of the cannery zone.
c. Uses-by-Right.1
(1) One single-family dwelling shall be allowed on a lot no less than three acres in area, or on any smaller lot which existed prior to the implementation of any land use ordinances;
(2) Any development which existed prior to the implementation of any land use ordinances;
(3) Site development as authorized by HBC 18.30.010;
(4) Small modification to commercial or personal communication equipment.
d. Accessory Uses. Accessory uses in the rural residential zone are:
(1) Accessory buildings;
(2) Cottage industries;
(3) Guest house;
(4) Marijuana testing facilities.
e. Conditional Uses. Conditional uses in the rural residential zone are:
(1) Public parks, public recreation sites, and nonprofit camps;
(2) Schools;
(3) Fire stations;
(4) Lodges;
(5) Commercial or public radio and television transmitters and towers;
(6) Public utility facilities;
(7) Commercial Enterprise. “Commercial enterprise” means any commercial, manufacturing, sale or service that occurs on a person’s private property. A commercial enterprise shall be secondary to the property’s primary use as a residence and shall have no more than six employees at any one time. Terms of a conditional use permit for commercial enterprise shall eliminate or mitigate adverse effects to air quality, noise, traffic, parking, waste and sewage, signs, lighting and burdens on any community utilities and resources that may result from such commercial enterprise;
(8) Cemetery;
(9) Vacation rentals;
(10) Marijuana cultivation (indoor/outdoor, small, large, limited, unlimited) and marijuana manufacturing (small), provided the establishments conform to the requirements of a “commercial enterprise”;
(11) New commercial and new personal communication equipment as well as substantial modification to commercial or personal communication equipment.
f. Lot Standards. The minimum lot size in the rural residential zone for newly developed lots shall be three acres.
g. Setback Standards.
(1) Structures shall be located no less than 25 feet from the nearest lot line, and right-of-way line, with Chilkat State Park Road being exempt from the right-of-way setbacks.
(2) Structures shall be located no less than 25 feet, measured from the top of the nearest stream bank, from any stream or watercourse used to provide domestic water, and from all anadromous fish streams.
h. Prohibited Uses.
(1) Heliports;
(2) Resource extraction;
(3) Commercial events including but not limited to weddings, reunions, retreats, performances and conferences;
(4) All uses not expressly provided under used-by-right, accessory or conditional uses are prohibited.
4. Cannery Zone (CA).
a. Purpose. This zone is intended to create a commercial area for the provision of support functions for the Haines fishing fleet.
b. Applicability. This zoning shall apply to the area as described: Lot 2, SEC 24, T31S, R59E, CRM, lot 3, SEC 19, T31S, R59E, CRM; ATS 192, Tracts A and B; TL-1902, SEC 19, T31S, R59E, CRM.
c. Permitted Uses.1 Permitted uses in the cannery zone (commercial) are:
(1) Moorage;
(2) Boat and gear storage and maintenance;
(3) Retail sale of petroleum products and miscellaneous fishing supplies;
(4) All residential uses which must be consistent with the provisions permitted within the rural residential zone;
(5) Any use existing prior to the implementation of any land use ordinances;
(6) Fish processing;
(7) Employee housing.
d. Accessory Uses. Accessory uses and buildings shall be consistent with the rural residential zone standards previously stated in this code.
e. Conditional Uses.
(1) Commercial, light and commercial, medium.
f. Prohibited Uses.
(1) Heliports;
(2) Resource extraction.
C. Lutak Inlet Planning/Zoning District.
1. Intent. The intent of this district is to protect and maintain the water quality, waterfront and watershed of Lutak Inlet and the Chilkoot River system while encouraging a rural lifestyle that includes cottage industry. In addition, there is a desire to maintain the natural environment and its associated fisheries and wildlife by ensuring orderly growth and sensible land use.
2. District Defined. This district is defined as follows:
Beginning at the N.W. Corner of Section 16, Township 30 South, Range 59 East, C.R.M.; thence northwesterly to the summit of Tukagahgo Mt.; thence northwesterly to the summit of Mt. Kashagnak; thence northwesterly to the summit of Klutshah Mt.; thence due east on a straight line to the highest point on the ridge line between the Chilkoot River drainage and the area drained by the Ferebee River; thence in a southeasterly direction from high point to high point along said ridge line to Sanka Point on the west side of Taiyasanka Harbor; thence southwesterly along the Townsite Service Area Limits to the intersection of the west line of Section 9, Township 30 South, Range 59 East, C.R.M. to the N.W. corner of Section 16, the true point of beginning.
3. Rural Residential Zone.
a. Purpose. This zone is intended to provide for the establishment of a rural residential area allowing for one single-family dwelling per lot and cottage industries.
b. Applicability. This zone applies to all lands within Lutak Inlet land use planning and zoning district excluding those within the riparian zone.
c. Uses-by-Right.1 Permitted uses are those uses which are allowed outright within a particular zone. In the residential zone those uses are:
(1) One single-family dwelling per lot;
(2) Guest houses;
(3) Cottage industry;
(4) Domestic log milling (milling for personal use);
(5) Marijuana testing facilities;
(6) Site development as authorized by HBC 18.30.010;
(7) Small modification to commercial or personal communication equipment.
d. Accessory Uses. Accessory uses are those uses which are incidental to the permitted use. In the residential zone, accessory uses include but are not limited to:
(1) Wood sheds, greenhouses, smokehouses, tool sheds, steam baths, saunas, workshops and garages, provided they are within the required setbacks;
(2) Chicken coops, rabbit hutches, barns, and other structures and enclosures for housing animals and fowl, provided they are within the required setbacks;
e. Conditional Uses. Conditional uses in the rural residential zone are:
(1) Churches;
(2) Schools;
(3) Lodging houses;
(4) Public parks and recreation sites;
(5) Public utility facilities;
(6) Fire stations;
(7) Community halls;
(8) Governmental buildings;
(9) Rentals, sales, and professional services;
(10) Fish hatchery;
(11) Commercial agriculture;
(12) Commercial logging;
(13) Campgrounds; provided, that:
(a) A 50-foot greenbelt separates the campsites from any public road right-of-way and a 20-foot greenbelt separates the campsites from any perimeter property lines; and
(b) The campground is at least one-half mile from existing houses or land subdivided for residential purposes at the time of the application for a conditional use permit; and
(c) The campground provides facilities for solid waste disposal (e.g., bear-proof dumpsters); and
(d) Complies with all Department of Environmental Conservation sanitation requirements contained in 18 AAC 30; and
(e) The campground has a maximum average density of six individual campsites per commercially developed acre, a minimum distance from center to center of adjacent sites of 75 feet and a maximum of 60 sites overall;
(14) Cemetery;
(15) Vacation rentals;
(16) Marijuana cultivation (indoor/outdoor, small, large, limited, unlimited) and marijuana manufacturing (small);
(17) New commercial and new personal communication equipment as well as substantial modification to commercial or personal communication equipment.
f. Prohibited Uses Designated. All uses not expressly provided under permitted, accessory or conditional uses are prohibited.
g. Lot Standards. The minimum lot size in the rural residential zone shall be three acres. The minimum lot width shall be 200 feet.
h. Building Setback Standards. Structures shall be located no closer than 10 feet from all property lines except for properties located along the Lutak Spur road (from the Chilkoot River Bridge to the end of the road) where there will be no minimum setback along the road front right-of-way. Setbacks will apply for all other property lines along the Lutak Spur road.
i. Building Height Standards. The building height standard is 35 feet maximum height from the plane of the mean building grade.
j. Sign Standards.
(1) Signs permanently affixed to structures shall not exceed 32 square feet.
(2) Permanent signs not affixed to a structure shall not exceed 16 square feet.
(3) Only nonelectrified signs will be permitted.
(4) Temporary signs shall be removed within 10 days after the date of sale or the event or condition advertised. Temporary signs shall not exceed 16 square feet per side.
k. Recreational Vehicle (RV) Parking. Recreational vehicles are not to be used as permanent dwellings, such as a single-family dwelling, and may not be inhabited on the lot more than four months annually. Parking will be limited to three RVs per lot. Commercial RV parks are prohibited.
l. Noise Standards.
(1) Heavy equipment operation, other than for house maintenance, building construction, or emergencies, is limited to the hours of 8:00 a.m. to 5:00 p.m., seven days a week with a maximum of seven consecutive days of operation.
(2) All generators used for permanent power must be muffled, enclosed and owners must employ noise reduction measures (a pamphlet describing such measures will be available from the manager). Generators used for construction purposes or emergencies are exempt. It is not the intent of this chapter to place an onerous burden on any property owner but to try to control noise pollution from power generators for the benefit of all within the zone.
4. Riparian Zone (RI).
a. Purpose. This zone is intended to provide for the protection of waterfront property.
b. Applicability. The riparian zone applies to all land from mean high tide to the 21-foot high tide level and 15 feet landward therefrom and/or 15 feet from the vegetated banks of streams or lakes.
c. Permitted Uses.1 The only permitted use will be water intake structures for domestic water use.
d. Accessory Uses. Accessory uses in the riparian zone are:
(1) Saunas;
(2) Cisterns;
(3) Hot tubs;
(4) Spring houses.
e. Conditional Uses. Conditional uses in the riparian zone are:
(1) Hydropower units;
(2) Parks;
(3) Fish hatcheries;
(4) Docks;
(5) Boat launching facilities;
(6) Bridges;
(7) Roads and trails;
(8) Cottage industries;
(9) Commercial water intakes;
(10) New commercial and new personal communication equipment as well as all modification to commercial or personal communication equipment.
f. Prohibited Uses Designated. All uses not expressly provided under permitted, accessory or conditional uses are prohibited.
D. GU – General Use Planning/Zoning District.
1. Intent. Recognizing the borough regions with no previous land use regulation and the need to provide a reasonable transition toward land use regulation, the general use planning/zoning district is intended to allow as broad a range of land uses as possible. This district allows any use, but requires a conditional use permit for high impact uses.
2. Uses-by-Right.1
a. Existing uses;
b. Animal husbandry or crop production;
c. Residential uses, including duplex and multifamily dwellings, subdivisions, trailers, mobile homes and mobile home parks;
d. Retail and wholesale commercial businesses;
e. Vehicle, engine or boat repair shops;
f. Hotels, motels, bed and breakfasts or other commercial accommodations;
g. Office buildings, including medical and dental offices;
h. Recreational vehicle parks;
i. Parks and campgrounds;
j. Utility facilities and structures;
k. Light and heavy industrial uses;
l. Resource extraction;
m. Sawmills;
n. Manufacturing, processing and storage facilities;
o. Docks, marinas, piers, boat ramps and freight or bulk transshipment facilities;
p. All other uses not specifically listed above, and any use or structure, which is customarily accessory and clearly subordinate to uses-by-right;
q. Marijuana establishments;
r. Small modification to commercial or personal communication equipment.
3. Prohibited Uses. There are no prohibited uses in this district.
4. Nonconforming Uses. There are no nonconforming uses in this district.
5. Conditional Uses. Landfills, commercial power plants, cemeteries, heliports, new commercial and new personal communication equipment, and hazardous materials storage facilities require a conditional use permit.
Applications for conditional use permits in the general use zoning district shall be submitted and processed in accordance with Chapter 18.50 HBC, and definitions under HBC 18.20.020 shall apply. (Ord. 25-07-715 § 6; Ord. 23-04-641 § 4; Ord. 22-09-630 § 4; Ord. 22-04-615 § 4; Ord. 20-01-555 § 5; Ord. 19-03-527 § 6; Ord. 19-03-526 § 4; Ord. 19-02-522 § 5; Ord. 19-01-515 § 6; Ord. 18-01-484 § 7; Ord. 13-10-354 § 4; Ord. 13-09-349 §§ 5, 6; Ord. 11-04-262 § 4; Ord. 11-02-257 § 4; Ord. 07-04-153; Ord. 05-05-106; Ord. 04-06-060)
1 Code reviser’s note: Section 5 of Ord. 22-01-601 provides that “Container Home – Primary Dwelling” and “Yurt – Primary Dwelling” shall be UBR (uses-by-right) in the Mud Bay, Lutak [Inlet] and general use planning/zoning districts.
18.70.040 Zoning use chart.
The following chart summarizes the uses allowed and the standards of review for each use, townsite planning/zoning district and the zones therein. In the commercial and industrial zones, more than one building housing a permissible principal use may be developed on a single lot; provided, that each building and use shall comply with all applicable requirements of this title. Additional requirements may be applicable to developments within some zones. See the definitions in Chapter 18.20 HBC for descriptions of each use.
ZONING USE CHART
TOWNSITE PLANNING/ZONING DISTRICT
UBR = Use-By-Right CU = Conditional Use NA = Not Allowed GFA = Gross Floor Area
= Permit Not Required |
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Under General Classification, uses in UPPER CASE are primary and uses in lower case are secondary.
GENERAL CLASSIFICATION | INDUSTRIAL USES | COMMERCIAL/ | RESIDENTIAL | RESIDENTIAL/ | RECREATIONAL | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Specific Zoning Districts USES | Heavy Industrial | Light Industrial/ | Waterfront | Commercial | Waterfront | Significant | Single | Multiple | Rural Residential | Rural Mixed Use | Recreational |
I/H | I/L/C | I/W | C | W | SSA | SR | MR | RR | RMU | REC | |
Accessory Apartment | NA | NA | NA | UBR | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Accessory Uses | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Agriculture, Commercial | UBR | UBR | UBR | UBR | CU | CU | CU | CU | CU | CU | CU |
Agriculture, Personal Use | NA | NA | NA | UBR | UBR | UBR | UBR | UBR | UBR | UBR | CU |
Animal Husbandry | UBR | UBR | NA | NA | NA | NA | CU | CU | UBR | UBR | CU |
Animal Shelter | UBR | UBR | NA | NA | NA | NA | NA | NA | CU | UBR | NA |
Auto Repair | UBR | UBR | NA | UBR | NA | NA | NA | NA | CU | CU | NA |
Auto Sales | NA | UBR | NA | UBR | NA | NA | NA | NA | NA | CU | NA |
Auto Service Station | UBR | UBR | NA | CU | NA | NA | NA | NA | NA | CU | NA |
Bed and Breakfast | NA | NA | NA | UBR | UBR | UBR | CU | CU | UBR | UBR | NA |
Bulk Fuel Storage | UBR | UBR | UBR | CU | CU | NA | NA | NA | NA | CU | NA |
Campground | NA | NA | NA | NA | CU | CU | NA | NA | NA | UBR | CU |
Cemetery | NA | NA | NA | NA | NA | NA | NA | NA | CU | CU | NA |
Child Care Facility (five or more) | NA | CU | NA | CU | CU | CU | CU | CU | CU | CU | NA |
Child Care Facility (four or fewer) | NA | UBR | NA | UBR | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Church | NA | CU | NA | UBR | UBR | UBR | CU | CU | CU | UBR | NA |
Club, Private | NA | UBR | NA | UBR | CU | UBR | NA | NA | NA | UBR | NA |
Combination R/I/C | CU | UBR | CU | UBR | CU | UBR | NA | NA | NA | UBR | NA |
Commercial, Light – Less than 500 sf | CU | UBR | CU | UBR | UBR | UBR | NA | CU | UBR | UBR | NA |
Commercial, Medium – 500 – 5,000 sf | CU | UBR | CU | UBR | CU | CU | NA | NA | CU | CU | NA |
Commercial, Major – More than 5,000 sf | UBR | UBR | UBR | UBR | CU | CU | NA | NA | NA | NA | NA |
New Communication Equipment/ Commercial | CU | CU | CU | CU | CU | CU | CU | CU | CU | CU | CU |
Small Modifications to Communication Equipment/Commercial | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | CU |
Substantial Modification to Communication Equipment/Commercial | CU | CU | CU | CU | CU | CU | CU | CU | CU | CU | CU |
Communication Equipment/Personal | UBR | UBR | UBR | CU | CU | CU | CU | CU | CU | CU | UBR |
Condominium/ Townhouse | NA | NA | NA | CU | CU | UBR | NA | UBR | NA | UBR | NA |
Container Home – Primary Dwelling1 | NA | NA | NA | NA | CU | NA | UBR (1/2 acre parcel) CU (under 1/2 acre parcel) | NA | UBR | UBR | NA |
Convalescent/ Nursing Home | NA | NA | NA | UBR | CU | CU | NA | UBR | NA | UBR | NA |
Convenience Store | UBR | UBR | NA | UBR | CU | NA | NA | CU | NA | CU | NA |
Correctional Facility | NA | CU | NA | CU | NA | NA | NA | NA | NA | NA | NA |
Crop Production | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Duplex | NA | NA | NA | CU | CU | UBR | NA | UBR | CU | UBR | NA |
Educational Facility | NA | CU | NA | UBR | CU | CU | CU | CU | CU | UBR | CU |
Employee Housing | UBR | UBR | UBR | CU | CU | NA | NA | NA | CU | CU | NA |
Fence on Lot Line/ Within Setback | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Fence not within Setback | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Firing Range | NA | NA | NA | NA | NA | NA | NA | NA | NA | NA | NA |
Group Home | NA | CU | NA | UBR | CU | CU | NA | UBR | CU | UBR | NA |
Guest House | NA | NA | NA | CU | CU | NA | CU | CU | CU | CU | NA |
Heavy Equipment Repair | UBR | UBR | UBR | UBR | NA | NA | NA | NA | NA | CU | NA |
Heavy Equipment Storage | UBR | UBR | UBR | UBR | NA | NA | NA | NA | CU | UBR | NA |
Home Occupation | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Hotel/Motel | NA | CU | NA | UBR | CU | UBR | NA | NA | NA | CU | NA |
Industrial, Heavy | UBR | CU | UBR | CU | NA | NA | NA | NA | NA | CU | NA |
Industrial, Light | CU | UBR | CU | CU | CU | NA | NA | NA | NA | CU | NA |
Institutional Home | NA | NA | NA | UBR | NA | NA | NA | CU | NA | CU | NA |
Junkyard | UBR | UBR | CU | CU | NA | NA | NA | NA | NA | CU | NA |
Kennel | UBR | CU | NA | CU | NA | NA | NA | NA | CU | CU | NA |
Landfill | UBR | UBR | NA | CU | NA | NA | NA | NA | NA | CU | NA |
Marijuana Cultivation Indoor, Small | UBR | UBR | UBR | UBR | UBR | NA | NA | NA | CU | CU | NA |
Marijuana Cultivation Indoor, Large | UBR | UBR | UBR | UBR | CU | NA | NA | NA | CU | CU | NA |
Marijuana Cultivation Indoor, Unlimited | UBR | CU | UBR | NA | NA | NA | NA | NA | NA | NA | NA |
Marijuana Cultivation Outdoor, Limited | UBR | UBR | UBR | NA | NA | NA | NA | NA | CU | CU | NA |
Marijuana Cultivation Outdoor, Unlimited | UBR | UBR | UBR | NA | NA | NA | NA | NA | CU | CU | NA |
Marijuana Product Manufacturing, Small | UBR | UBR | UBR | UBR | UBR | NA | NA | NA | CU | CU | NA |
Marijuana Product Manufacturing, Limited | UBR | UBR | UBR | UBR | UBR | NA | NA | NA | NA | NA | NA |
Marijuana Product Manufacturing, Unlimited | UBR | UBR | UBR | NA | NA | NA | NA | NA | NA | NA | NA |
Marijuana, Retail | UBR | UBR | UBR | UBR | UBR | UBR | NA | NA | NA | CU | NA |
Marijuana Testing | UBR | UBR | UBR | UBR | UBR | UBR | NA | NA | UBR | UBR | NA |
Marine Commercial Facility | NA | NA | UBR | NA | CU | CU | NA | NA | NA | NA | NA |
Marine Industrial Facility | NA | NA | UBR | NA | CU | NA | NA | NA | NA | NA | NA |
Mobile Home Park | NA | CU | NA | NA | NA | NA | NA | NA | NA | CU | NA |
Multiple Single-Family Residences | NA | CU | NA | CU | CU | NA | NA | CU | CU | CU | NA |
Multi-Unit Dwelling | NA | NA | NA | CU | CU | UBR | NA | UBR | NA | UBR | NA |
Planned Unit Development | NA | NA | NA | CU | CU | CU | NA | CU | CU | NA | NA |
Play Field/Park | NA | CU | NA | UBR | CU | UBR | UBR | UBR | UBR | UBR | CU |
Public Facility | CU | CU | UBR | UBR | UBR | UBR | CU | CU | CU | CU | CU |
Recycling Facility | UBR | UBR | NA | CU | NA | NA | NA | NA | NA | CU | NA |
Resource Extraction/ Proc. | UBR | CU | CU | CU | NA | NA | NA | NA | CU | CU | NA |
RV Park | NA | CU | NA | CU | CU | NA | NA | NA | CU | UBR | NA |
Single Unit Dwelling | NA | NA | NA | UBR | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Site Development | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Solid Waste Transfer Facil. | UBR | UBR | NA | CU | NA | NA | NA | NA | NA | CU | NA |
Subdivision, Residential | NA | NA | NA | CU | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Temporary Structure | UBR | UBR | UBR | UBR | CU | CU | UBR | UBR | UBR | UBR | CU |
Temporary Use | UBR | UBR | UBR | UBR | CU | CU | UBR | UBR | UBR | UBR | CU |
Theme Park | NA | CU | NA | CU | CU | NA | NA | NA | NA | CU | CU |
Trailer*/Mobile Home Outside Mobile Home Park | NA | NA | NA | NA | NA | NA | NA | NA | NA | NA | NA |
Utility Facility | UBR | UBR | UBR | CU | CU | NA | NA | CU | CU | CU | |
Vacation Rental | NA | CU | NA | UBR | UBR | UBR | CU | UBR | UBR | UBR | NA |
Yurt – Primary Dwelling1 | NA | NA | NA | NA | CU | NA | UBR (1/2 acre parcel) CU (under 1/2 acre parcel) | NA | UBR | UBR | NA |
Zero Lot Line Commercial | UBR | UBR | NA | UBR | CU | NA | NA | NA | NA | CU | NA |
Zero Lot Line Residential | NA | NA | NA | NA | NA | UBR | NA | UBR | NA | UBR | NA |
Zoo | NA | UBR | NA | CU | CU | CU | NA | NA | CU | CU | CU |
*Exception: Recreational trailers parked but not used for habitation or storage.
(Ord. 25-07-715 § 7; Ord. 25-05-704 § 5; Ord. 22-01-601 § 5; Ord. 20-01-555 § 6; Ord. 19-10-548 § 5; Ord. 19-03-527 § 8; Ord. 19-02-522 § 7; Ord. 18-06-499 § 4; Ord. 18-06-496 § 5; Ord. 18-01-484 § 8; Ord. 16-07-439 § 4; Ord. 14-12-393 § 4; Ord. 13-09-349 § 7; Ord. 09-04-202 § 4; Ord. 07-04-153)
1 Code reviser’s note: Section 5 of Ord. 22-01-601 provides that “Container Home – Primary Dwelling” and “Yurt – Primary Dwelling” shall be UBR (uses-by-right) in the Mud Bay, Lutak [Inlet] and general use planning/zoning districts.
18.70.050 Historic buildings – Districts.
This section establishes special policies for historic buildings within the borough based upon the Haines historic building survey, the existing designated Fort William H. Seward National Landmark and the guidance of the State Office of History and Archeology’s rules and regulations. The Haines Borough seeks to accomplish the preservation and rehabilitation of buildings of historic significance within the community. The borough recognizes the quality of significance in its history as present in the sites, buildings, structures, location, design, setting, materials and workmanship governed herein. Owners of historic buildings are encouraged to participate in federal, state and local programs to preserve and enhance historic structures.
A. Introduction. These special policies are applied as additional requirements for the approval of development within designated areas or for designated buildings within the borough. The existing zoning classification (e.g., significant structures area, commercial) still applies, but all new development must comply with the following additional requirements. The application of these special policies requires approval of the planning commission.
B. Effect of Historic Building Special Policies. All development within the significant structures area or changes to any of the surveyed historic buildings shall comply with the special approval criteria of HBC 18.60.020(G). The borough shall process the permit application according to the appropriate process under this title except that a separate and possibly concurrent review of the application shall be performed by the planning commission acting as the historic district committee.
C. Historic District Committee. The planning commission shall act as the historic district committee. The commission, acting as the historic district committee, shall conduct or perform the duties established under this section or as required by state or federal regulations. The commission, when acting as the historic district advisory committee, shall endeavor to include within its membership as ex officio members the following composition: one architect or historical architect and one historian or related disciplines.
D. Preexisting Historic Areas. The following are the currently established historic districts:
1. Fort William H. Seward Local Historic District.
a. Description of Appearance. The principal structures are: the barracks, officers’ homes, quartermasters, hospital, fire hall, warehouses and the Port Chilkoot Dock. The structures are situated around the parade grounds set against a backdrop of majestic mountain peaks of the Chilkat Range, overlooking the scenic beauty of the waters of Portage Cove, a portion of the upper Lynn Canal.
b. Statement of Significance. Fort William H. Seward was established in 1898 and garrisoned in 1904; the principal buildings of Fort William H. Seward are the best surviving structures of the 11 military posts erected in Alaska to police the gold rushes of 1897 to 1904. The United States was involved in the boundary dispute with Canada and Fort William H. Seward was the only army post in Alaska between World Wars I and II. In 1945 the fort was closed and declared surplus. On April 4, 1947, a group of veterans arranged under the Port Chilkoot Company, through the War Assets Act, to purchase the fort. In the ensuing three years, it was determined that the quitclaim deed provided by the U.S. government was exercised three days after the expiration of the War Assets Act. An act of Congress was then required to formalize the transaction with Port Chilkoot Company. The act was passed in 1952. Fort William H. Seward was listed as part of the National Historic Site Register in 1972 and thereafter became a national historic landmark in 1978.
c. Geographical Area Defined. The boundaries of the Fort William H. Seward local historic district shall be defined as the exact boundaries certified by the United States National Park Service under authority of the Historic Sites Act adopted by Congress in 1935 and designated as a national landmark in 1978.
2. Heritage Village Site.
a. Description of Appearance. The Heritage Village site was developed on the parade grounds in Fort Wm. H. Seward. Prominent features include a Tlingit tribal house and trapper’s cabin, as well as buildings constructed to house facilities for a salmon bake business.
b. Design Criteria. Development within the Heritage Village site in the parade grounds must be compatible with the architectural style of the existing structures at that site. The commission may, by design review, require or prohibit certain aesthetic values in its sole discretion, ensuring that compatibility standards are met. Architectural design criteria, such as roof pitch, materials, height, lot coverage, scale, buffering, color, texture and finish, which are compatible with the Fort Seward historic image, shall be required as determined by the commission on an individual application basis.
3. Haines Townsite Local Historic District.
a. Description of Appearance. The Haines Townsite local historic district lies in the heart of the current townsite service area, surrounded on all sides by newer development. Regulated under this subsection and of specific interest in a historical perspective are the 35 buildings catalogued in the book “Building History – City of Haines Survey of Historic Structures” conducted by Alaska Archives and Records Management, completed in 1983.
b. Statement of Significance. In 1983, Paul Wellman, Economic Development Coordinator for the city of Haines initiated a project of surveying the various historic buildings within the city of Haines original townsite boundaries. He felt the need to document the building histories to aid and encourage restoration and preservation, and had an understanding of how this information could be used to benefit Haines’ economic development. Most of the buildings designated as historic structures were built between 1910 and 1923, although a few are of earlier vintage. The proliferation of buildings between those years indicated a time when the economy reflected the combined efforts of mining, canneries, agriculture and support services for Fort William Seward. The structures surveyed were built and maintained by people with hopes, dreams and optimism in the community’s future. By tracing their lives and reconstructing the historical facts, an appreciation was gained for the structures these people left behind – tangible symbols of their belief in the quality of life Haines offered to them and to their families.
c. Geographical Area Defined. The boundaries of the Haines Townsite local historic district are defined as the exact boundaries of the original Haines Townsite subdivision. The maps entitled “Fort William H. Seward Local Historic District” and “Haines Townsite Local Historic District” are incorporated as a part of this chapter and are on file in the office of the manager.
18.70.060 Rezonings.
A. Initiation. A rezone may be initiated by a formal recommendation by the planning commission to the assembly, a notice of intent to introduce an ordinance for rezoning by the borough assembly, or a petition by 51 percent of the land owners in the petition area. The clerk shall forward a petition proposing a change to the planning commission.
B. Restrictions on Rezonings. Rezonings covering less than one acre may not be considered, unless the rezoning constitutes the expansion of an existing contiguous zone. Rezonings which are substantially the same as a proposed amendment that was rejected within the previous 12 months may not be considered. Any rezone causing a commercial, industrial, development, or business transition zone to be created abutting a residential zone, shall require new structures on the appropriate zone abutting the residential zone to be set back a minimum of 10 feet from the existing residential zone, and shall conform to any other setback requirements of such zone.
C. Procedure. A rezoning shall follow the procedures set forth in Chapter 18.50 HBC for conditional use permits, except that the planning commission shall have 60 days from the date of the proposal to make its full report to the assembly. During this time, the planning commission shall provide public notice and hold one public hearing on the proposed zoning change and declare its findings by a formal motion. The commission’s decision shall constitute a recommendation to the borough assembly. As soon as possible after the commission recommendation, but allowing 10 days for any official protest, the borough assembly shall post public notice and hold a public hearing on the proposed rezoning. At such hearings, the recommendation of the commission shall be rebuttably presumed to be correct, which presumption may be overcome with a preponderance of the evidence. A rezoning shall be adopted by ordinance, and any conditions thereon shall be contained in the ordinance. Upon adoption of any rezoning, the manager shall cause the official zoning map to be changed to reflect the operation of the ordinance.
D. Protest. A petition to protest a change of zone area or classification must be filed with the borough clerk within 10 working days of the commission’s decision to make a recommendation to the assembly on a rezoning. The clerk shall forward a petition protesting the assembly’s decision on the zoning change back to the assembly for reconsideration. A petition protesting the assembly’s decision on a zoning change must be signed by at least 25 percent of the landowners in the zone. The assembly may change the protested decision only upon the vote of a supermajority of the assembly. This decision will be final.
E. Assignment of Costs. All administrative costs, processing fees, commission fees, recording fees, mapping costs, survey costs and other associated expenditures shall be borne by the land owner(s) or developer(s) requesting the rezoning in prorated amounts as determined by the manager. (Ord. 05-12-134)
18.70.010 Zoning map.
“The Official Zoning Map of the Haines Borough, Alaska,” was adopted by the borough assembly on April 21, 2004, and revised by ordinance pursuant to HBC 18.70.060 on June 28, 2005, April 18, 2006, April 22, 2008, July 22, 2008, August 12, 2008, September 11, 2018, and July 26, 2022. A copy of the most current official map shall be retained in the office of the manager for public inspection.
A. Where uncertainty exists as to the boundaries of zoning districts or zones as shown on the zoning map, the manager shall apply the following rules to interpret such boundaries:
1. Boundaries indicated as approximately following the center lines of easements, streets, highways, or alleys shall be construed to follow such center lines;
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
3. Boundaries indicated as approximately following borough limits shall be construed as following such borough limits;
4. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, lakes, or other bodies of water shall be construed to follow such center lines;
5. Boundaries indicated as parallel to or extensions of features indicated in subsections (A)(1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
B. Where a zoning district or zone boundary line divides a lot which was in single ownership at the time of passage of this chapter, the manager may permit the extension of the regulations for either portion of the lot not to exceed 500 feet beyond the zoning district or zone line into the remaining portion of the lot. (Ord. 22-06-621 § 4; Ord. 18-08-505 § 4; Ord. 08-08-188; Ord. 08-05-182; Ord. 05-05-107)
18.70.020 Annexation.
All territory which may be annexed to the borough shall be placed in the general use zone (GU), for a maximum of two years, at which time the zoning shall be changed by the commission based upon existing and proposed land use and the comprehensive plan. (Ord. 19-02-522 § 4)
18.70.030 Zoning districts – Zones.
The borough is hereby divided into the following zoning districts and zones. These districts and zones are depicted on the official borough zoning map.
A. Townsite Planning/Zoning District. The townsite planning/zoning district is defined as that area known as the townsite service area.
1. I/H – Heavy Industrial Zone. The intent of the heavy industrial zone is to provide for and protect productive heavy industry. Areas zoned as heavy industrial should be located so that adjacent nonindustrial areas are buffered from the external effects common to heavy industry including noise, dust, vibration, glare, pollution, heavy traffic and unsightly uses or activities. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.
2. I/L/C – Light Industrial/Commercial Zone. The intent of the light industrial/commercial zone is to provide for and protect the light industrial and commercial needs of the community. Light industrial land uses are distinct from heavy industrial uses in that they do not create the external effects typical of heavy industry. Enclosed manufacturing, wholesaling and warehousing are typical light industrial uses. Areas designated into the light industrial/commercial zone should be served by, or have access to, public utilities and roadways capable of handling the increased uses caused by business growth within the zone.
3. I/W – Waterfront Industrial Zone. The intent of the waterfront industrial zone is to provide for and protect productive, marine-related heavy industries, including wharfage, natural resource export, milling and major seafood processing. Areas zoned as waterfront industrial should be located so that adjacent nonindustrial areas are buffered from the external effects common to heavy industry including noise, dust, vibration, glare, pollution, heavy traffic and unsightly uses or activities. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.
4. C – Commercial Zone. The intent of the commercial zone is to protect and enhance areas of existing commercial development and to provide areas for the continued growth of commercial enterprise. The uses in this zone are oriented toward serving the commercial needs of the residents of the borough, the surrounding area and visitors. The area is served by, or is planned to have, the necessary level of utilities and an adequate transportation system as deemed appropriate for the planned use.
5. W – Waterfront Zone. The intent of the waterfront zone is to permit residential, and waterfront-related light industrial and commercial activity compatible with the existing character of the adjacent properties.
6. SSA – Significant Structures Area Zone. The intent of the significant structures area zone is to preserve the architectural character and historic significance of Fort William H. Seward and conserve the waterfront area for public access and use while continuously enhancing opportunities for adaptive reuse, including residential and new business activity in the area. Development in the SSA zone which incorporates design elements including architectural style, open space, sidewalks, trees, landscaped setbacks, plazas, pedestrian amenities and outdoor pedestrian activity areas is encouraged.
7. SR – Single Residential Zone. The intent of the single residential zone is to provide for and protect areas for low density, individual home sites and quiet residential uses. All new development in this zone should be planned to maintain and enhance the single-unit residential character of the existing neighborhood. New development areas included in this zone should be designed and developed to provide residential areas on low volume streets sheltered from other existing or proposed uses. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.
8. MR – Multiple Residential Zone. The intent of the multiple residential zone is to provide and protect areas for higher density residential development. Other compatible uses that are commonly associated with higher density residential areas, such as small-scale commercial uses designed to serve the neighborhood, may be allowed. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.
9. RR – Rural Residential Zone. The intent of the rural residential zone is to provide areas for low-density, single-residential, and agricultural uses along with limited, compatible, low-impact commercial uses. The zone has a minimum lot-size of one acre. This zone is intended for areas where development trends, limited transportation and utility systems and physical features indicate the appropriateness of a low intensity use.
10. RMU – Rural Mixed Use Zone. The intent of the rural mixed use zone is to allow for a broad mixture of uses including, as uses-by-right, single and multiple dwelling residential uses and, generally, commercial and light industrial uses by conditional use permit. Where public water or sewer utilities are unavailable, the size, slope, dimension and soil type of subdivision lots must be adequate to support on-site water and wastewater systems to properly serve the planned use of the property.
11. Repealed by Ord. 19-02-522.
12. REC – Recreational Zone. The intent of the recreational zone is to serve the outdoor recreational needs of the community and to provide protection for sensitive habitat areas. Included in this zone are publicly owned lands planned for recreational use. The recreational zoning designation may be applied to conservation easements and privately owned open space as requested by the owner. Lands zoned as recreational may include areas specified for buffers and greenbelts designed for walking, hiking and biking on maintained trails, or stream-bank riparian habitat. Motorized use may be prohibited by ordinance in specific areas.
B. Mud Bay Planning/Zoning District.
1. Intent. The intent of this district is to preserve the zoning provisions of the former land use service area No. 1 (Mud Bay) as a rural residential zone and for the people of the Mud Bay community to preserve their lifestyle, community scale, and the basic rights of health, safety and welfare in accordance with the goals and objectives developed from the Haines Borough comprehensive plan.
2. Applicability. This district shall be defined as:
Beginning at the NW corner of Section 14, T31S, R59E, CRM; thence due south to SW corner of Section 26, T31S, R59E CRM; thence southeast to SW corner of Section 21, T32S, R60E CRM; thence due east to SE corner of Section 21, T32S, R60E CRM; thence northeast to NE corner of Section 22, T32S, R60E CRM; thence north-northwest to NE corner of Section 17, T31S, R60E CRM; thence due west to the point of beginning. This describes an area of the Chilkat Peninsula from the southern edge of the Carr’s Cove Subdivision to Seduction Point, and including Kochu Island.
3. Rural Residential Zone (MBRR).
a. Purpose. This zone is intended to provide for the establishment of a rural residential area allowing for single-family dwellings and cottage industries.
b. Applicability. This zone shall encompass all lands within the Mud Bay planning/zoning district with the exception of the cannery zone.
c. Uses-by-Right.1
(1) One single-family dwelling shall be allowed on a lot no less than three acres in area, or on any smaller lot which existed prior to the implementation of any land use ordinances;
(2) Any development which existed prior to the implementation of any land use ordinances;
(3) Site development as authorized by HBC 18.30.010;
(4) Small modification to commercial or personal communication equipment.
d. Accessory Uses. Accessory uses in the rural residential zone are:
(1) Accessory buildings;
(2) Cottage industries;
(3) Guest house;
(4) Marijuana testing facilities.
e. Conditional Uses. Conditional uses in the rural residential zone are:
(1) Public parks, public recreation sites, and nonprofit camps;
(2) Schools;
(3) Fire stations;
(4) Lodges;
(5) Commercial or public radio and television transmitters and towers;
(6) Public utility facilities;
(7) Commercial Enterprise. “Commercial enterprise” means any commercial, manufacturing, sale or service that occurs on a person’s private property. A commercial enterprise shall be secondary to the property’s primary use as a residence and shall have no more than six employees at any one time. Terms of a conditional use permit for commercial enterprise shall eliminate or mitigate adverse effects to air quality, noise, traffic, parking, waste and sewage, signs, lighting and burdens on any community utilities and resources that may result from such commercial enterprise;
(8) Cemetery;
(9) Vacation rentals;
(10) Marijuana cultivation (indoor/outdoor, small, large, limited, unlimited) and marijuana manufacturing (small), provided the establishments conform to the requirements of a “commercial enterprise”;
(11) New commercial and new personal communication equipment as well as substantial modification to commercial or personal communication equipment.
f. Lot Standards. The minimum lot size in the rural residential zone for newly developed lots shall be three acres.
g. Setback Standards.
(1) Structures shall be located no less than 25 feet from the nearest lot line, and right-of-way line, with Chilkat State Park Road being exempt from the right-of-way setbacks.
(2) Structures shall be located no less than 25 feet, measured from the top of the nearest stream bank, from any stream or watercourse used to provide domestic water, and from all anadromous fish streams.
h. Prohibited Uses.
(1) Heliports;
(2) Resource extraction;
(3) Commercial events including but not limited to weddings, reunions, retreats, performances and conferences;
(4) All uses not expressly provided under used-by-right, accessory or conditional uses are prohibited.
4. Cannery Zone (CA).
a. Purpose. This zone is intended to create a commercial area for the provision of support functions for the Haines fishing fleet.
b. Applicability. This zoning shall apply to the area as described: Lot 2, SEC 24, T31S, R59E, CRM, lot 3, SEC 19, T31S, R59E, CRM; ATS 192, Tracts A and B; TL-1902, SEC 19, T31S, R59E, CRM.
c. Permitted Uses.1 Permitted uses in the cannery zone (commercial) are:
(1) Moorage;
(2) Boat and gear storage and maintenance;
(3) Retail sale of petroleum products and miscellaneous fishing supplies;
(4) All residential uses which must be consistent with the provisions permitted within the rural residential zone;
(5) Any use existing prior to the implementation of any land use ordinances;
(6) Fish processing;
(7) Employee housing.
d. Accessory Uses. Accessory uses and buildings shall be consistent with the rural residential zone standards previously stated in this code.
e. Conditional Uses.
(1) Commercial, light and commercial, medium.
f. Prohibited Uses.
(1) Heliports;
(2) Resource extraction.
C. Lutak Inlet Planning/Zoning District.
1. Intent. The intent of this district is to protect and maintain the water quality, waterfront and watershed of Lutak Inlet and the Chilkoot River system while encouraging a rural lifestyle that includes cottage industry. In addition, there is a desire to maintain the natural environment and its associated fisheries and wildlife by ensuring orderly growth and sensible land use.
2. District Defined. This district is defined as follows:
Beginning at the N.W. Corner of Section 16, Township 30 South, Range 59 East, C.R.M.; thence northwesterly to the summit of Tukagahgo Mt.; thence northwesterly to the summit of Mt. Kashagnak; thence northwesterly to the summit of Klutshah Mt.; thence due east on a straight line to the highest point on the ridge line between the Chilkoot River drainage and the area drained by the Ferebee River; thence in a southeasterly direction from high point to high point along said ridge line to Sanka Point on the west side of Taiyasanka Harbor; thence southwesterly along the Townsite Service Area Limits to the intersection of the west line of Section 9, Township 30 South, Range 59 East, C.R.M. to the N.W. corner of Section 16, the true point of beginning.
3. Rural Residential Zone.
a. Purpose. This zone is intended to provide for the establishment of a rural residential area allowing for one single-family dwelling per lot and cottage industries.
b. Applicability. This zone applies to all lands within Lutak Inlet land use planning and zoning district excluding those within the riparian zone.
c. Uses-by-Right.1 Permitted uses are those uses which are allowed outright within a particular zone. In the residential zone those uses are:
(1) One single-family dwelling per lot;
(2) Guest houses;
(3) Cottage industry;
(4) Domestic log milling (milling for personal use);
(5) Marijuana testing facilities;
(6) Site development as authorized by HBC 18.30.010;
(7) Small modification to commercial or personal communication equipment.
d. Accessory Uses. Accessory uses are those uses which are incidental to the permitted use. In the residential zone, accessory uses include but are not limited to:
(1) Wood sheds, greenhouses, smokehouses, tool sheds, steam baths, saunas, workshops and garages, provided they are within the required setbacks;
(2) Chicken coops, rabbit hutches, barns, and other structures and enclosures for housing animals and fowl, provided they are within the required setbacks;
e. Conditional Uses. Conditional uses in the rural residential zone are:
(1) Churches;
(2) Schools;
(3) Lodging houses;
(4) Public parks and recreation sites;
(5) Public utility facilities;
(6) Fire stations;
(7) Community halls;
(8) Governmental buildings;
(9) Rentals, sales, and professional services;
(10) Fish hatchery;
(11) Commercial agriculture;
(12) Commercial logging;
(13) Campgrounds; provided, that:
(a) A 50-foot greenbelt separates the campsites from any public road right-of-way and a 20-foot greenbelt separates the campsites from any perimeter property lines; and
(b) The campground is at least one-half mile from existing houses or land subdivided for residential purposes at the time of the application for a conditional use permit; and
(c) The campground provides facilities for solid waste disposal (e.g., bear-proof dumpsters); and
(d) Complies with all Department of Environmental Conservation sanitation requirements contained in 18 AAC 30; and
(e) The campground has a maximum average density of six individual campsites per commercially developed acre, a minimum distance from center to center of adjacent sites of 75 feet and a maximum of 60 sites overall;
(14) Cemetery;
(15) Vacation rentals;
(16) Marijuana cultivation (indoor/outdoor, small, large, limited, unlimited) and marijuana manufacturing (small);
(17) New commercial and new personal communication equipment as well as substantial modification to commercial or personal communication equipment.
f. Prohibited Uses Designated. All uses not expressly provided under permitted, accessory or conditional uses are prohibited.
g. Lot Standards. The minimum lot size in the rural residential zone shall be three acres. The minimum lot width shall be 200 feet.
h. Building Setback Standards. Structures shall be located no closer than 10 feet from all property lines except for properties located along the Lutak Spur road (from the Chilkoot River Bridge to the end of the road) where there will be no minimum setback along the road front right-of-way. Setbacks will apply for all other property lines along the Lutak Spur road.
i. Building Height Standards. The building height standard is 35 feet maximum height from the plane of the mean building grade.
j. Sign Standards.
(1) Signs permanently affixed to structures shall not exceed 32 square feet.
(2) Permanent signs not affixed to a structure shall not exceed 16 square feet.
(3) Only nonelectrified signs will be permitted.
(4) Temporary signs shall be removed within 10 days after the date of sale or the event or condition advertised. Temporary signs shall not exceed 16 square feet per side.
k. Recreational Vehicle (RV) Parking. Recreational vehicles are not to be used as permanent dwellings, such as a single-family dwelling, and may not be inhabited on the lot more than four months annually. Parking will be limited to three RVs per lot. Commercial RV parks are prohibited.
l. Noise Standards.
(1) Heavy equipment operation, other than for house maintenance, building construction, or emergencies, is limited to the hours of 8:00 a.m. to 5:00 p.m., seven days a week with a maximum of seven consecutive days of operation.
(2) All generators used for permanent power must be muffled, enclosed and owners must employ noise reduction measures (a pamphlet describing such measures will be available from the manager). Generators used for construction purposes or emergencies are exempt. It is not the intent of this chapter to place an onerous burden on any property owner but to try to control noise pollution from power generators for the benefit of all within the zone.
4. Riparian Zone (RI).
a. Purpose. This zone is intended to provide for the protection of waterfront property.
b. Applicability. The riparian zone applies to all land from mean high tide to the 21-foot high tide level and 15 feet landward therefrom and/or 15 feet from the vegetated banks of streams or lakes.
c. Permitted Uses.1 The only permitted use will be water intake structures for domestic water use.
d. Accessory Uses. Accessory uses in the riparian zone are:
(1) Saunas;
(2) Cisterns;
(3) Hot tubs;
(4) Spring houses.
e. Conditional Uses. Conditional uses in the riparian zone are:
(1) Hydropower units;
(2) Parks;
(3) Fish hatcheries;
(4) Docks;
(5) Boat launching facilities;
(6) Bridges;
(7) Roads and trails;
(8) Cottage industries;
(9) Commercial water intakes;
(10) New commercial and new personal communication equipment as well as all modification to commercial or personal communication equipment.
f. Prohibited Uses Designated. All uses not expressly provided under permitted, accessory or conditional uses are prohibited.
D. GU – General Use Planning/Zoning District.
1. Intent. Recognizing the borough regions with no previous land use regulation and the need to provide a reasonable transition toward land use regulation, the general use planning/zoning district is intended to allow as broad a range of land uses as possible. This district allows any use, but requires a conditional use permit for high impact uses.
2. Uses-by-Right.1
a. Existing uses;
b. Animal husbandry or crop production;
c. Residential uses, including duplex and multifamily dwellings, subdivisions, trailers, mobile homes and mobile home parks;
d. Retail and wholesale commercial businesses;
e. Vehicle, engine or boat repair shops;
f. Hotels, motels, bed and breakfasts or other commercial accommodations;
g. Office buildings, including medical and dental offices;
h. Recreational vehicle parks;
i. Parks and campgrounds;
j. Utility facilities and structures;
k. Light and heavy industrial uses;
l. Resource extraction;
m. Sawmills;
n. Manufacturing, processing and storage facilities;
o. Docks, marinas, piers, boat ramps and freight or bulk transshipment facilities;
p. All other uses not specifically listed above, and any use or structure, which is customarily accessory and clearly subordinate to uses-by-right;
q. Marijuana establishments;
r. Small modification to commercial or personal communication equipment.
3. Prohibited Uses. There are no prohibited uses in this district.
4. Nonconforming Uses. There are no nonconforming uses in this district.
5. Conditional Uses. Landfills, commercial power plants, cemeteries, heliports, new commercial and new personal communication equipment, and hazardous materials storage facilities require a conditional use permit.
Applications for conditional use permits in the general use zoning district shall be submitted and processed in accordance with Chapter 18.50 HBC, and definitions under HBC 18.20.020 shall apply. (Ord. 25-07-715 § 6; Ord. 23-04-641 § 4; Ord. 22-09-630 § 4; Ord. 22-04-615 § 4; Ord. 20-01-555 § 5; Ord. 19-03-527 § 6; Ord. 19-03-526 § 4; Ord. 19-02-522 § 5; Ord. 19-01-515 § 6; Ord. 18-01-484 § 7; Ord. 13-10-354 § 4; Ord. 13-09-349 §§ 5, 6; Ord. 11-04-262 § 4; Ord. 11-02-257 § 4; Ord. 07-04-153; Ord. 05-05-106; Ord. 04-06-060)
1 Code reviser’s note: Section 5 of Ord. 22-01-601 provides that “Container Home – Primary Dwelling” and “Yurt – Primary Dwelling” shall be UBR (uses-by-right) in the Mud Bay, Lutak [Inlet] and general use planning/zoning districts.
18.70.040 Zoning use chart.
The following chart summarizes the uses allowed and the standards of review for each use, townsite planning/zoning district and the zones therein. In the commercial and industrial zones, more than one building housing a permissible principal use may be developed on a single lot; provided, that each building and use shall comply with all applicable requirements of this title. Additional requirements may be applicable to developments within some zones. See the definitions in Chapter 18.20 HBC for descriptions of each use.
ZONING USE CHART
TOWNSITE PLANNING/ZONING DISTRICT
UBR = Use-By-Right CU = Conditional Use NA = Not Allowed GFA = Gross Floor Area
= Permit Required |
|---|
= Permit Not Required |
|---|
Under General Classification, uses in UPPER CASE are primary and uses in lower case are secondary.
GENERAL CLASSIFICATION | INDUSTRIAL USES | COMMERCIAL/ | RESIDENTIAL | RESIDENTIAL/ | RECREATIONAL | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Specific Zoning Districts USES | Heavy Industrial | Light Industrial/ | Waterfront | Commercial | Waterfront | Significant | Single | Multiple | Rural Residential | Rural Mixed Use | Recreational |
I/H | I/L/C | I/W | C | W | SSA | SR | MR | RR | RMU | REC | |
Accessory Apartment | NA | NA | NA | UBR | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Accessory Uses | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Agriculture, Commercial | UBR | UBR | UBR | UBR | CU | CU | CU | CU | CU | CU | CU |
Agriculture, Personal Use | NA | NA | NA | UBR | UBR | UBR | UBR | UBR | UBR | UBR | CU |
Animal Husbandry | UBR | UBR | NA | NA | NA | NA | CU | CU | UBR | UBR | CU |
Animal Shelter | UBR | UBR | NA | NA | NA | NA | NA | NA | CU | UBR | NA |
Auto Repair | UBR | UBR | NA | UBR | NA | NA | NA | NA | CU | CU | NA |
Auto Sales | NA | UBR | NA | UBR | NA | NA | NA | NA | NA | CU | NA |
Auto Service Station | UBR | UBR | NA | CU | NA | NA | NA | NA | NA | CU | NA |
Bed and Breakfast | NA | NA | NA | UBR | UBR | UBR | CU | CU | UBR | UBR | NA |
Bulk Fuel Storage | UBR | UBR | UBR | CU | CU | NA | NA | NA | NA | CU | NA |
Campground | NA | NA | NA | NA | CU | CU | NA | NA | NA | UBR | CU |
Cemetery | NA | NA | NA | NA | NA | NA | NA | NA | CU | CU | NA |
Child Care Facility (five or more) | NA | CU | NA | CU | CU | CU | CU | CU | CU | CU | NA |
Child Care Facility (four or fewer) | NA | UBR | NA | UBR | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Church | NA | CU | NA | UBR | UBR | UBR | CU | CU | CU | UBR | NA |
Club, Private | NA | UBR | NA | UBR | CU | UBR | NA | NA | NA | UBR | NA |
Combination R/I/C | CU | UBR | CU | UBR | CU | UBR | NA | NA | NA | UBR | NA |
Commercial, Light – Less than 500 sf | CU | UBR | CU | UBR | UBR | UBR | NA | CU | UBR | UBR | NA |
Commercial, Medium – 500 – 5,000 sf | CU | UBR | CU | UBR | CU | CU | NA | NA | CU | CU | NA |
Commercial, Major – More than 5,000 sf | UBR | UBR | UBR | UBR | CU | CU | NA | NA | NA | NA | NA |
New Communication Equipment/ Commercial | CU | CU | CU | CU | CU | CU | CU | CU | CU | CU | CU |
Small Modifications to Communication Equipment/Commercial | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | CU |
Substantial Modification to Communication Equipment/Commercial | CU | CU | CU | CU | CU | CU | CU | CU | CU | CU | CU |
Communication Equipment/Personal | UBR | UBR | UBR | CU | CU | CU | CU | CU | CU | CU | UBR |
Condominium/ Townhouse | NA | NA | NA | CU | CU | UBR | NA | UBR | NA | UBR | NA |
Container Home – Primary Dwelling1 | NA | NA | NA | NA | CU | NA | UBR (1/2 acre parcel) CU (under 1/2 acre parcel) | NA | UBR | UBR | NA |
Convalescent/ Nursing Home | NA | NA | NA | UBR | CU | CU | NA | UBR | NA | UBR | NA |
Convenience Store | UBR | UBR | NA | UBR | CU | NA | NA | CU | NA | CU | NA |
Correctional Facility | NA | CU | NA | CU | NA | NA | NA | NA | NA | NA | NA |
Crop Production | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Duplex | NA | NA | NA | CU | CU | UBR | NA | UBR | CU | UBR | NA |
Educational Facility | NA | CU | NA | UBR | CU | CU | CU | CU | CU | UBR | CU |
Employee Housing | UBR | UBR | UBR | CU | CU | NA | NA | NA | CU | CU | NA |
Fence on Lot Line/ Within Setback | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Fence not within Setback | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Firing Range | NA | NA | NA | NA | NA | NA | NA | NA | NA | NA | NA |
Group Home | NA | CU | NA | UBR | CU | CU | NA | UBR | CU | UBR | NA |
Guest House | NA | NA | NA | CU | CU | NA | CU | CU | CU | CU | NA |
Heavy Equipment Repair | UBR | UBR | UBR | UBR | NA | NA | NA | NA | NA | CU | NA |
Heavy Equipment Storage | UBR | UBR | UBR | UBR | NA | NA | NA | NA | CU | UBR | NA |
Home Occupation | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Hotel/Motel | NA | CU | NA | UBR | CU | UBR | NA | NA | NA | CU | NA |
Industrial, Heavy | UBR | CU | UBR | CU | NA | NA | NA | NA | NA | CU | NA |
Industrial, Light | CU | UBR | CU | CU | CU | NA | NA | NA | NA | CU | NA |
Institutional Home | NA | NA | NA | UBR | NA | NA | NA | CU | NA | CU | NA |
Junkyard | UBR | UBR | CU | CU | NA | NA | NA | NA | NA | CU | NA |
Kennel | UBR | CU | NA | CU | NA | NA | NA | NA | CU | CU | NA |
Landfill | UBR | UBR | NA | CU | NA | NA | NA | NA | NA | CU | NA |
Marijuana Cultivation Indoor, Small | UBR | UBR | UBR | UBR | UBR | NA | NA | NA | CU | CU | NA |
Marijuana Cultivation Indoor, Large | UBR | UBR | UBR | UBR | CU | NA | NA | NA | CU | CU | NA |
Marijuana Cultivation Indoor, Unlimited | UBR | CU | UBR | NA | NA | NA | NA | NA | NA | NA | NA |
Marijuana Cultivation Outdoor, Limited | UBR | UBR | UBR | NA | NA | NA | NA | NA | CU | CU | NA |
Marijuana Cultivation Outdoor, Unlimited | UBR | UBR | UBR | NA | NA | NA | NA | NA | CU | CU | NA |
Marijuana Product Manufacturing, Small | UBR | UBR | UBR | UBR | UBR | NA | NA | NA | CU | CU | NA |
Marijuana Product Manufacturing, Limited | UBR | UBR | UBR | UBR | UBR | NA | NA | NA | NA | NA | NA |
Marijuana Product Manufacturing, Unlimited | UBR | UBR | UBR | NA | NA | NA | NA | NA | NA | NA | NA |
Marijuana, Retail | UBR | UBR | UBR | UBR | UBR | UBR | NA | NA | NA | CU | NA |
Marijuana Testing | UBR | UBR | UBR | UBR | UBR | UBR | NA | NA | UBR | UBR | NA |
Marine Commercial Facility | NA | NA | UBR | NA | CU | CU | NA | NA | NA | NA | NA |
Marine Industrial Facility | NA | NA | UBR | NA | CU | NA | NA | NA | NA | NA | NA |
Mobile Home Park | NA | CU | NA | NA | NA | NA | NA | NA | NA | CU | NA |
Multiple Single-Family Residences | NA | CU | NA | CU | CU | NA | NA | CU | CU | CU | NA |
Multi-Unit Dwelling | NA | NA | NA | CU | CU | UBR | NA | UBR | NA | UBR | NA |
Planned Unit Development | NA | NA | NA | CU | CU | CU | NA | CU | CU | NA | NA |
Play Field/Park | NA | CU | NA | UBR | CU | UBR | UBR | UBR | UBR | UBR | CU |
Public Facility | CU | CU | UBR | UBR | UBR | UBR | CU | CU | CU | CU | CU |
Recycling Facility | UBR | UBR | NA | CU | NA | NA | NA | NA | NA | CU | NA |
Resource Extraction/ Proc. | UBR | CU | CU | CU | NA | NA | NA | NA | CU | CU | NA |
RV Park | NA | CU | NA | CU | CU | NA | NA | NA | CU | UBR | NA |
Single Unit Dwelling | NA | NA | NA | UBR | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Site Development | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR | UBR |
Solid Waste Transfer Facil. | UBR | UBR | NA | CU | NA | NA | NA | NA | NA | CU | NA |
Subdivision, Residential | NA | NA | NA | CU | UBR | UBR | UBR | UBR | UBR | UBR | NA |
Temporary Structure | UBR | UBR | UBR | UBR | CU | CU | UBR | UBR | UBR | UBR | CU |
Temporary Use | UBR | UBR | UBR | UBR | CU | CU | UBR | UBR | UBR | UBR | CU |
Theme Park | NA | CU | NA | CU | CU | NA | NA | NA | NA | CU | CU |
Trailer*/Mobile Home Outside Mobile Home Park | NA | NA | NA | NA | NA | NA | NA | NA | NA | NA | NA |
Utility Facility | UBR | UBR | UBR | CU | CU | NA | NA | CU | CU | CU | |
Vacation Rental | NA | CU | NA | UBR | UBR | UBR | CU | UBR | UBR | UBR | NA |
Yurt – Primary Dwelling1 | NA | NA | NA | NA | CU | NA | UBR (1/2 acre parcel) CU (under 1/2 acre parcel) | NA | UBR | UBR | NA |
Zero Lot Line Commercial | UBR | UBR | NA | UBR | CU | NA | NA | NA | NA | CU | NA |
Zero Lot Line Residential | NA | NA | NA | NA | NA | UBR | NA | UBR | NA | UBR | NA |
Zoo | NA | UBR | NA | CU | CU | CU | NA | NA | CU | CU | CU |
*Exception: Recreational trailers parked but not used for habitation or storage.
(Ord. 25-07-715 § 7; Ord. 25-05-704 § 5; Ord. 22-01-601 § 5; Ord. 20-01-555 § 6; Ord. 19-10-548 § 5; Ord. 19-03-527 § 8; Ord. 19-02-522 § 7; Ord. 18-06-499 § 4; Ord. 18-06-496 § 5; Ord. 18-01-484 § 8; Ord. 16-07-439 § 4; Ord. 14-12-393 § 4; Ord. 13-09-349 § 7; Ord. 09-04-202 § 4; Ord. 07-04-153)
1 Code reviser’s note: Section 5 of Ord. 22-01-601 provides that “Container Home – Primary Dwelling” and “Yurt – Primary Dwelling” shall be UBR (uses-by-right) in the Mud Bay, Lutak [Inlet] and general use planning/zoning districts.
18.70.050 Historic buildings – Districts.
This section establishes special policies for historic buildings within the borough based upon the Haines historic building survey, the existing designated Fort William H. Seward National Landmark and the guidance of the State Office of History and Archeology’s rules and regulations. The Haines Borough seeks to accomplish the preservation and rehabilitation of buildings of historic significance within the community. The borough recognizes the quality of significance in its history as present in the sites, buildings, structures, location, design, setting, materials and workmanship governed herein. Owners of historic buildings are encouraged to participate in federal, state and local programs to preserve and enhance historic structures.
A. Introduction. These special policies are applied as additional requirements for the approval of development within designated areas or for designated buildings within the borough. The existing zoning classification (e.g., significant structures area, commercial) still applies, but all new development must comply with the following additional requirements. The application of these special policies requires approval of the planning commission.
B. Effect of Historic Building Special Policies. All development within the significant structures area or changes to any of the surveyed historic buildings shall comply with the special approval criteria of HBC 18.60.020(G). The borough shall process the permit application according to the appropriate process under this title except that a separate and possibly concurrent review of the application shall be performed by the planning commission acting as the historic district committee.
C. Historic District Committee. The planning commission shall act as the historic district committee. The commission, acting as the historic district committee, shall conduct or perform the duties established under this section or as required by state or federal regulations. The commission, when acting as the historic district advisory committee, shall endeavor to include within its membership as ex officio members the following composition: one architect or historical architect and one historian or related disciplines.
D. Preexisting Historic Areas. The following are the currently established historic districts:
1. Fort William H. Seward Local Historic District.
a. Description of Appearance. The principal structures are: the barracks, officers’ homes, quartermasters, hospital, fire hall, warehouses and the Port Chilkoot Dock. The structures are situated around the parade grounds set against a backdrop of majestic mountain peaks of the Chilkat Range, overlooking the scenic beauty of the waters of Portage Cove, a portion of the upper Lynn Canal.
b. Statement of Significance. Fort William H. Seward was established in 1898 and garrisoned in 1904; the principal buildings of Fort William H. Seward are the best surviving structures of the 11 military posts erected in Alaska to police the gold rushes of 1897 to 1904. The United States was involved in the boundary dispute with Canada and Fort William H. Seward was the only army post in Alaska between World Wars I and II. In 1945 the fort was closed and declared surplus. On April 4, 1947, a group of veterans arranged under the Port Chilkoot Company, through the War Assets Act, to purchase the fort. In the ensuing three years, it was determined that the quitclaim deed provided by the U.S. government was exercised three days after the expiration of the War Assets Act. An act of Congress was then required to formalize the transaction with Port Chilkoot Company. The act was passed in 1952. Fort William H. Seward was listed as part of the National Historic Site Register in 1972 and thereafter became a national historic landmark in 1978.
c. Geographical Area Defined. The boundaries of the Fort William H. Seward local historic district shall be defined as the exact boundaries certified by the United States National Park Service under authority of the Historic Sites Act adopted by Congress in 1935 and designated as a national landmark in 1978.
2. Heritage Village Site.
a. Description of Appearance. The Heritage Village site was developed on the parade grounds in Fort Wm. H. Seward. Prominent features include a Tlingit tribal house and trapper’s cabin, as well as buildings constructed to house facilities for a salmon bake business.
b. Design Criteria. Development within the Heritage Village site in the parade grounds must be compatible with the architectural style of the existing structures at that site. The commission may, by design review, require or prohibit certain aesthetic values in its sole discretion, ensuring that compatibility standards are met. Architectural design criteria, such as roof pitch, materials, height, lot coverage, scale, buffering, color, texture and finish, which are compatible with the Fort Seward historic image, shall be required as determined by the commission on an individual application basis.
3. Haines Townsite Local Historic District.
a. Description of Appearance. The Haines Townsite local historic district lies in the heart of the current townsite service area, surrounded on all sides by newer development. Regulated under this subsection and of specific interest in a historical perspective are the 35 buildings catalogued in the book “Building History – City of Haines Survey of Historic Structures” conducted by Alaska Archives and Records Management, completed in 1983.
b. Statement of Significance. In 1983, Paul Wellman, Economic Development Coordinator for the city of Haines initiated a project of surveying the various historic buildings within the city of Haines original townsite boundaries. He felt the need to document the building histories to aid and encourage restoration and preservation, and had an understanding of how this information could be used to benefit Haines’ economic development. Most of the buildings designated as historic structures were built between 1910 and 1923, although a few are of earlier vintage. The proliferation of buildings between those years indicated a time when the economy reflected the combined efforts of mining, canneries, agriculture and support services for Fort William Seward. The structures surveyed were built and maintained by people with hopes, dreams and optimism in the community’s future. By tracing their lives and reconstructing the historical facts, an appreciation was gained for the structures these people left behind – tangible symbols of their belief in the quality of life Haines offered to them and to their families.
c. Geographical Area Defined. The boundaries of the Haines Townsite local historic district are defined as the exact boundaries of the original Haines Townsite subdivision. The maps entitled “Fort William H. Seward Local Historic District” and “Haines Townsite Local Historic District” are incorporated as a part of this chapter and are on file in the office of the manager.
18.70.060 Rezonings.
A. Initiation. A rezone may be initiated by a formal recommendation by the planning commission to the assembly, a notice of intent to introduce an ordinance for rezoning by the borough assembly, or a petition by 51 percent of the land owners in the petition area. The clerk shall forward a petition proposing a change to the planning commission.
B. Restrictions on Rezonings. Rezonings covering less than one acre may not be considered, unless the rezoning constitutes the expansion of an existing contiguous zone. Rezonings which are substantially the same as a proposed amendment that was rejected within the previous 12 months may not be considered. Any rezone causing a commercial, industrial, development, or business transition zone to be created abutting a residential zone, shall require new structures on the appropriate zone abutting the residential zone to be set back a minimum of 10 feet from the existing residential zone, and shall conform to any other setback requirements of such zone.
C. Procedure. A rezoning shall follow the procedures set forth in Chapter 18.50 HBC for conditional use permits, except that the planning commission shall have 60 days from the date of the proposal to make its full report to the assembly. During this time, the planning commission shall provide public notice and hold one public hearing on the proposed zoning change and declare its findings by a formal motion. The commission’s decision shall constitute a recommendation to the borough assembly. As soon as possible after the commission recommendation, but allowing 10 days for any official protest, the borough assembly shall post public notice and hold a public hearing on the proposed rezoning. At such hearings, the recommendation of the commission shall be rebuttably presumed to be correct, which presumption may be overcome with a preponderance of the evidence. A rezoning shall be adopted by ordinance, and any conditions thereon shall be contained in the ordinance. Upon adoption of any rezoning, the manager shall cause the official zoning map to be changed to reflect the operation of the ordinance.
D. Protest. A petition to protest a change of zone area or classification must be filed with the borough clerk within 10 working days of the commission’s decision to make a recommendation to the assembly on a rezoning. The clerk shall forward a petition protesting the assembly’s decision on the zoning change back to the assembly for reconsideration. A petition protesting the assembly’s decision on a zoning change must be signed by at least 25 percent of the landowners in the zone. The assembly may change the protested decision only upon the vote of a supermajority of the assembly. This decision will be final.
E. Assignment of Costs. All administrative costs, processing fees, commission fees, recording fees, mapping costs, survey costs and other associated expenditures shall be borne by the land owner(s) or developer(s) requesting the rezoning in prorated amounts as determined by the manager. (Ord. 05-12-134)