Mud Bay City Zoning Code

18.80 Density

and Dimensional Requirements

18.80.010 Introduction.

The following are the requirements governing density of development, building height, setback requirements for buildings from lot lines, and parking. In calculating the number of dwelling units allowed on a lot or the number of parking, loading or storage spaces required, the manager shall round fractional units above two up to the next whole number if that fraction equals or exceeds 0.5. (Example: four units are required if the density calculating yields 3.50 units. If the density calculation yielded 3.48 units, only three units would be required).

18.80.020 Building density.

Maximum lot coverage is 70 percent unless a variance is granted by the planning commission. Where a multiple residential building provides complete accommodation for two to four dwelling units, the density shall be limited to eight dwellings per acre. At the discretion of the commission, higher density may be allowed, up to a maximum allowable density of 18 dwelling units per acre.

18.80.030 Setbacks and height.

A. Setbacks are measured from the outermost portion of the building to the nearest lot line or building as appropriate. Incidental architectural features such as window sills, cornices and eaves may not project into any required setback. This regulation also applies to cantilevered floors, decks or other similar building extensions. No building or structures may be located within a setback, except that fences may be constructed within the required setback by permit. The following items shall be exempt from setback requirements, provided the item is located to achieve its purpose without constituting a hazard to vehicles or pedestrians, is located such that it does not obscure sight angles at intersections or driveways, and is not in any location prohibited by state regulation:

1. Driveways and culverts that meet Chapter 12.08 HBC;

2. Parking areas that meet Chapter 10.44 HBC;

3. Satellite dishes;

4. Signs that meet Chapter 18.90 HBC;

5. French drains, culverts, or similar infrastructure;

6. Public utilities; and

7. Fences outside of the townsite service area.

Where more than one setback standard is applicable, the most restrictive setback standard applies.

B. Building height is measured from the grade plane to the highest point on the building, but not including chimneys, radio antennas, water towers, church spires, structures or enclosures constructed primarily for mechanical equipment and similar building mechanical features.

C. Buildings constructed to zero lot line must be designed so that snow falling from the roof is not deposited on adjacent properties.

D. The distance between unattached buildings must be 15 feet unless approved as a conditional use by the planning commission. Building separation is intended for public safety; fire-related concerns must meet the approval of both the State Fire Marshal and local fire department, where applicable. The 15-foot separation between unattached buildings applies only when at least one of the buildings is for human occupancy.

E. Additions to structures used for human occupancy shall have at least one exterior wall in common with the structure to which it is being added.

F. Setbacks from anadromous fish streams: See HBC 18.60.010(P).

G. Between Second Avenue and the intersection of Union Street and Main Street, all structures must be set back 20 feet from lot lines adjacent to Union Street. Due to its historical nature, Block 16, Haines Townsite Subdivision shall have special setbacks. All structures built within Block 16 must be set back a minimum of 10 feet from any property lines not abutting Union Street.

H. If a publicly owned road easement exists inside of a property line, the setback shall be measured from the easement line and not the property line.

I. If a public utility easement exists inside of a property line, the setback shall be measured from the easement rather than the property line and shall be not less than 10 feet unless a variance is granted by the planning commission.

Setbacks and Height Restrictions
Zoning District	Height Limit (in feet)	Industrial Building Setbacks (in feet)²		Commercial Building Setbacks (in feet)		Residential Building Setbacks (in feet)
Zoning District	Height Limit (in feet)	From Street Lot Lines	From Residential Lots	From Street or Alley Lot Lines	From Other Lot Lines	From Street Lot Lines	From Alley Lot Lines	From Other Lot Lines

Setbacks and Height Restrictions
Zoning District	Height Limit (in feet)	Industrial Building Setbacks (in feet)²		Commercial Building Setbacks (in feet)		Residential Building Setbacks (in feet)
Zoning District	Height Limit (in feet)	From Street Lot Lines	From Residential Lots	From Street or Alley Lot Lines	From Other Lot Lines	From Street Lot Lines	From Alley Lot Lines	From Other Lot Lines
I/H	30¹	0	50	0	0	N/A	N/A	N/A
I/L/C	30¹	0	50	0	0	20	10	10
I/W	30¹	0	50	0	0	20	10	10
C	30¹^,²	0	50	0	0	20	10	10
W	30	0	50	0	0	20	10	10
SSA	30³	N/A	N/A	10	5	20	10	10
SR	30	N/A	N/A	N/A	N/A	20	10	10
MR	30	N/A	N/A	0	0	20	10	10
RR	30	N/A	N/A	0	0	20	10	10
RMU	30	0	50	0	0	20	10	10
MU	30	0	50	0	0	20	10	10
REC	30	N/A	N/A	N/A	N/A	20	10	10
GU	30⁴	20	10	20	10	20	10	10
MBRR⁵	30	N/A	N/A	N/A	N/A	25	25	25
LUTAK RR⁶	30	N/A	N/A	N/A	N/A	10	10	10

1May exceed 30 feet only by provisions of a conditional use permit granted by the planning commission.

2As long as all requirements of the state fire code or other applicable regulations are met.

3May be up to 60 feet under the provisions of a conditional use permit granted by the planning commission, but only if for a replica building replacing a building of that height that has been destroyed, and if all special provisions of the historic district and all other provisions of this title are met.

4May exceed 30 feet if the structure is considered an industrial or commercial use and human occupancy does not exceed 30 feet.

5The Chilkat State Park Road right-of-way is exempt from the setback requirements.

6Exception: 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.

(Ord. 19-03-528 § 4; Ord. 18-07-504 § 4; Ord. 17-06-458 § 4; Ord. 16-03-431 § 5; Ord. 13-12-358 § 4; Ord. 13-05-328 § 4; Ord. 12-09-303 § 4; Ord. 11-03-259 § 4; Ord. 10-09-239 § 4; Ord. 09-04-203 § 4)

18.80.040 Parking.

Off-street parking facilities must be provided as hereinafter specified. Off-street parking facilities for residential uses must be on the same lot with the building that they are required to serve. Off-street parking facilities for nonresidential uses must be on the same lot or on a lot of common ownership within 200 feet of the building they serve. Off-premises parking must be dedicated by signage, limited to two one-and-one-half by three-foot signs, and covenants must be included in the deeds for both properties stating that the required parking must continue to be so dedicated as long as the building these parking spaces serve exists. An exception to this regulation may be granted only per subsection (A)(5) of this section.

All parking, except that which serves residences, shall be arranged so that ingress and egress are possible without backing over a sidewalk area or onto a collector or larger street designation.

Turning and maneuvering space shall be located entirely on private property; provided, that the usable portion of an alley may be credited as turning and maneuvering space. In the case of two or more uses on the same lot, the total requirement for off-street parking facilities is the sum of the requirements for the several uses computed separately. Changes of use with an increase in gross floor area must provide for parking, loading and storage area in conformance with this section. The parking, loading and storage space requirements for uses not listed may be established under the provisions of a conditional use permit under Chapter 18.50 HBC.

Parking areas shall connect conveniently to surrounding pedestrian facilities and where practicable, shall be landscaped. The manager, subject to commission or assembly review, may require, as a condition of any permit issued, that buffering be provided. Buffering may consist of a fence, natural vegetation, or other aesthetically pleasing construction. The manager may also substitute compact parking space dimensions for standard dimensions for the purposes of buffering or safety (see Table of Parking Requirements).

A. Minimum Standards. Parking required for a use must conform to the following:

1. All parking spaces shall be located far enough within the lot to prevent any portion of a parked car from extending over an adjoining lot or over a public right-of-way or sidewalk.

2. Excluding residential uses of less than five dwelling units and temporary uses, all required off-street parking areas, including ingress and egress routes, shall be surfaced with a durable gravel surface approved by the borough that is designed to control dust and be able to bear the weight of expected traffic.

3. Multi-dwelling uses of more than four dwelling units shall be required to provide a storage area for boats, recreational vehicles, off-road vehicles and trailers. This storage area must be 200 square feet for each three parking spaces. The storage area may be located on another lot of common ownership if the lot is located within 200 feet of the lot with the principal use.

4. Handicapped spaces shall be 13 feet wide. (See Table of Parking Requirements.)

5. A single parking area may be used to service more than one use if the normal hours of operation of the uses do not overlap. If a single parking area is so used, additional parking may be required as a condition of continued occupancy at any time the hours of operation of the establishments are altered to run concurrently. Before joint use is allowed, a contractual agreement setting out the terms of the use must be created by the joint users and approved as a use permit by the manager.

6. The provision and maintenance of off-street loading, snow storage and other storage areas is a continuing obligation and joint responsibility of the owner and occupants. Each off-street loading space must be not less than 30 feet by 12 feet, have an unobstructed height of at least 14 feet, six inches and be made permanently available for such purposes. These areas are required as follows.

a. Nonresidential development over 5,000 square feet GFA must provide one loading space for each 20,000 square feet or less GFA. This requirement may be waived by the planning commission if property area constraints make this requirement impractical or if deemed unnecessary for the type of development.

b. A snow storage area of 25 square feet for each parking space shall be provided for any use except single dwelling units and duplexes. Snow storage areas must be designed to minimize drainage and runoff problems and not overload or impair the borough storm drainage system. The required snow storage area may be reduced by the manager in consultation with the public works superintendent.

7. Pick-up areas for taxis, buses and other vehicles may be required for uses that customarily need such services; including hotels, docks, major tourist facilities, auditoriums, theaters, schools, churches and other places of public gathering.

8. Compact spaces (for cars not greater than 15 feet in length) shall be 10 feet wide. (See Table of Parking Requirements.)

B. Parking Chart. The minimum number of off-street parking spaces required and their dimensions are set out in the following tables:

Table of Parking Requirements Uses ↓	Spaces Required (GFA = Gross Floor Area) Plus one space for each employee on the largest work-shift
Single-unit, duplex or multi-unit uses	2 spaces per dwelling unit
Motels, hotels, bed and breakfast	1 per guest room up to 3 rooms + 2 for residence. For 3 rooms and over, 2 spaces for every three guest rooms.
Hospitals, group homes, and other overnight health care facilities	1 per 4 beds based on maximum capacity or 1 per 300 sq. ft. GFA
Churches, auditoriums, theaters, mortuary and similar places of assembly	1 per 3 seats based on maximum capacity
Warehouses, storage and wholesale business	1 per each 1,000 sq. ft. GFA but not less than 4 spaces
Self storage mini-warehouses	1 per each 25 storage units
Industrial uses	1 per each employee + 2 for visitors
Restaurants, bars	1 per 150 sq. ft. GFA or 1 for every 3 seats, based on maximum capacity, whichever is greater
Offices/other commercial uses For solely retail use, GFA shall include only the retail selling and display area.	1 per 500 sq. ft. GFA
Handicapped Parking:
Total Parking Spaces in Lot ↓	Accessible Spaces Required ↓
1 to 20	1
Each additional 10 spaces	1

Angle →	30 degrees	45 degrees	60 degrees	90 degrees
STANDARD Aisle Width	11 feet	13 feet	18 feet	25 feet
Stall Length	18 feet	20 feet	21 feet	22 feet
Stall Width	10 feet	10 feet	10 feet	10 feet
HANDICAP Aisle Width	14 feet	16 feet	21 feet	28 feet
Stall Length	21 feet	23 feet	24 feet	25 feet
Stall Width	13 feet	13 feet	13 feet	13 feet
COMPACT¹ Aisle Width	11 feet	13 feet	16 feet	24 feet
Stall Length	18 feet	18 feet	18 feet	18 feet
Stall Width	10 feet	10 feet	10 feet	10 feet

1May be allowed only with approval from the manager.

(Ord. 18-09-511 § 4)

18.80.050 Variance.

A variance is the relaxation of the density, setback, height or parking standards of this chapter beyond those provided for by this chapter. A variance is designed to allow the adjustment of regulations of this chapter in special cases where unusual physical features of a particular parcel involved would make a strict application of the zoning regulations unreasonable. Under no circumstances shall a variance be granted to permit a use of land or structure which is not otherwise permitted in the zone involved. The intent of the policies for which variances may be granted follows:

Density: The intent of density regulation is to prevent over-building on a lot that could cause property devaluation, to protect the aesthetic value of the property and provide for fire safety.

Setbacks: The intent of setback regulation is to allow for a certain amount of privacy and outdoor living space around a structure, promote fire safety, prevent snow depositing on adjacent properties, allow room for snow removal, promote safe conditions for off-street parking and vehicular access to public rights-of-way, and provide an adequate sight triangle for the safe approach of vehicles to intersections.

Height: The intent of height regulation is to promote fire safety, protect views and maintain “small town” aesthetic values.

Parking: The intent of the parking regulation is to allow for adequate, convenient and safe parking by all users of developments. Variances will only be authorized if a developer can show quantifiably that the regulation requires more parking than is necessary for the development, i.e., developer can show, based upon how space in the development is used, that the development’s potential capacity requires less parking than that identified by the general parking chart guideline.

Prior to submission of a variance application, the property owner or duly authorized agent or representative is encouraged to attend a pre-application conference with the manager. The purpose of the pre-application conference is to permit the applicant to explain the situation that gives rise to the need for a variance and for the manager to explain the standards that must be met before a variance may be granted and to indicate the types of information that will be necessary to justify the variance. The variance pre-application conference may be combined with a permit pre-application conference.

A. Application. An application for a variance must be submitted to the manager. The application must be accompanied by all supporting material and the permit fee. The application shall state the variance request, contain an elevation drawing and a plot plan indicating the date, north arrow, the scale used for the plot plan, exterior property boundaries and approximate dimensions, location of significant, unique or unusual physical features of the property and the approximate dimensions; location of all existing and proposed buildings on the property and their approximate distance from lot lines; access for ingress and egress; all easements on the property; construction details; approximate dimensions of parking areas and spaces; if applicable, a narrative describing the reasons for the requested variance, and other information as necessary to illustrate the need for the variance. The manager may require that the plans be produced by a registered professional engineer or land surveyor. The manager shall certify the application when it is complete and immediately forward the certified application to the planning commission.

B. Public Hearing/Notice. All variances require a public hearing by the commission. The notice, comment period and hearing procedure shall be the same as those for conditional uses in Chapter 18.50 HBC.

C. Variance Standards. A variance may be granted only if:

1. Except for significant structures areas, the conditions upon which the variance application is based do not apply generally to properties in the zone or vicinity other than the property for which the variance is sought; and

2. Such conditions arise out of natural features inherent in the property such as shape or topographical conditions of the property or because of unusual physical surroundings, or such conditions arise out of surrounding development or conditions; and

3. Because of such conditions the strict application to the property of the requirements of this chapter will result in an undue, substantial hardship to the owner of the property such that no reasonable use of the property could be made; and

4. The special conditions that require the variance are not caused by the person seeking the variance, a predecessor in interest, or the agent of either; and

5. The variance is not sought solely to relieve financial hardship or inconvenience; and

6. The variance will not permit a land use in a zone in which that use is prohibited.

D. Conditions on Approval. If a property qualifies for a variance under this section, the variance granted must meet the following conditions:

1. The deviation from the requirement of this chapter that is permitted by variance may be no more than is necessary to permit a reasonable use of the lot;

2. The variance will not permit a land use that is prohibited by this chapter;

3. The variance is in keeping with the spirit and intent of this chapter and the requirements from which relief is sought;

4. The variance will not be detrimental to the public health, safety or welfare; and

5. The variance will not significantly adversely affect other property (i.e., snow will not be deposited on adjacent properties from areas such as roofs).

E. Issuance or Denial. The commission shall, after notice and hearing, from the evidence presented to it, make written findings of fact which support the standards set forth above (in the case where a variance is granted) or which show that the evidence does not support the standards set forth above (in the case where the variance is not granted). Such written findings shall be permanently retained within the minutes of the meeting at which the findings were drafted. (Ord. 11-03-259 § 7)