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Wasilla City Zoning Code

Division I

General

16.05.005 Purpose and intent.

This title, which may also be referred to as the “Wasilla Development Code,” is adopted:

A. To achieve the goals and objectives, and implement the policies of the Wasilla comprehensive plan, as amended from time to time;

B. To ensure that future growth and development in the city is in accord with the values of its residents;

C. To identify, secure, and manage, for present and future residents, the beneficial impacts of growth and avoid, mitigate, or prohibit the negative impacts of growth;

D. To ensure that future development is of the proper type, design, and location, and is served by a proper range of public services and facilities; and

E. To ensure public involvement in permitting, planning, and zoning decisions. (Ord. 25-14(AM) § 2, 2025)

16.05.010 Authority.

A. The city has authority to regulate land use on property within the boundaries of the city in accordance with the authority delegated to the city by the Matanuska-Susitna Borough under MSB 17.45.030.

B. The borough has retained platting authority within the city. (Ord. 25-14(AM) § 2, 2025)

16.05.015 Geographic scope.

A. This title applies to all private, state, city, and borough owned land in the city, including property owned or managed by the Alaska Railroad Corporation and the University of Alaska. To the extent allowed by federal law, administrative regulation or policy, it also applies to federal lands.

B. All territory which may hereafter be annexed to the city shall be placed in an appropriate zoning district, or districts, by recommendation of the commission based upon existing and proposed land use, and the comprehensive plan. (Ord. 25-14(AM) § 2, 2025)

16.05.020 General compliance.

A. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any structure or use of land or a structure, or cause or permit the same to be done, in violation of this title or the terms and conditions of any rezoning or commission approval.

B. Any person may bring to the attention of the planner suspected violations described in subsection (A) of this section. The complaint may be by phone or in writing but must include the full name of the person making the complaint. (Ord. 25-14(AM) § 2, 2025)

16.05.025 Comprehensive plan.

A. The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the city and includes, but may not be limited to:

1. The City of Wasilla Trails Plan.

2. The Wasilla Alaska Railroad Relocation Reconnaissance Study.

3. The Wasilla All Hazard Mitigation Plan Phase I.

B. The city shall post the comprehensive plan approved by the borough, including all effective elements of the plan, on the city website and make a copy of the plan available in the planner’s office. The plan shall include a list of all effective components of the plan and the effective dates of those components.

C. If any elements of the comprehensive plan conflict, the element most recently adopted shall govern. (Ord. 25-14(AM) § 2, 2025)

16.05.030 Transitional provisions and grandfather rights.

A. The purpose of transitional provisions is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, at the time of the adoption, reenactment, or amendment of provisions of this title.

B. Violations of Former Title Provisions. Any violation of a provision of this title before the adoption, reenactment, or amendment of that provision shall continue to be a violation of this title and shall be subject to the penalties and enforcement under this title unless the use, development, construction, or other activity complies with the effective provisions of this title.

C. Special Limitations. If any special limitation previously adopted or applied becomes unnecessary or void as a result of any adoption, reenactment or amendment of a provision of this title, other special limitations of the zoning district still in effect shall remain applicable.

D. Uses, Structures, and Lots Rendered Nonconforming.

1. When a lot is used for a purpose that was a lawful use before the effective date of this title, and this title no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered “nonconforming” and shall be regulated by WMC Chapter 16.85, entitled “Nonconforming Lots, Buildings, and Uses.”

2. Structures and lots that legally existed before this title or an amendment or reenactment of this title became effective may become nonconforming under the provisions of WMC Chapter 16.85, entitled “Nonconforming Lots, Buildings, and Uses.”

3. The land use provisions under this code in effect at the time a completed land use application is submitted to the planner shall apply to that application unless the applicant requests the imposition of land use provisions adopted, amended, or reenacted while the application is pending. An application granted under laws no longer in effect shall constitute a “nonconforming use” and shall be regulated by WMC Chapter 16.85 entitled “Nonconforming Lots, Buildings, and Uses” unless otherwise determined by the city council via ordinance.

4. The planner shall notify all applicants with completed pending applications filed with the city of any change in code provisions impacting that application.

5. If an application expires under WMC Chapter 16.90, subsequent applications shall be subject to the requirements of this title. Any reapplication for an expired project approval shall meet the standards in effect at the time of reapplication.

E. Approved Projects.

1. Any permit, administrative approval, or variance valid on the day before the effective date of the adoption or amendment of an applicable provision in this title remains valid until its expiration date.

2. Any building or development for which a permit was granted before the effective date of the adoption or amendment of an applicable provision of this title shall be permitted to proceed to construction.

3. If the permit issued before the adoption or amendment of this title fails to comply with the time frames for development established for the permit, including any approved extensions, the permit shall expire and future development shall be subject to the requirements of this title.

F. Remanded Cases. If the commission or a hearing officer remands a case to another decision-making body or person, that body shall process the case under the rules applicable at the time the original complete application was submitted for approval, unless the applicant has waived the application of previous provisions of this title as permitted in subsection (D)(3) of this section. (Ord. 25-14(AM) § 2, 2025)

16.05.035 Application fees.

The council shall establish a schedule of fees for actions under this title by resolution. (Ord. 25-14(AM) § 2, 2025)

16.10.005 Interpretation.

A. General. The planner has final authority to determine the interpretation or usage of terms used in this title, pursuant to this section. Any person may request an interpretation of any term by submitting a written request to the planner, who shall respond in writing within 30 days. The planner’s interpretation shall be binding on all officers and departments of the city.

B. Record of Interpretations. The planner shall maintain a file of all interpretations made.

C. Appeal. Any person may appeal an interpretation by the planner regarding a term used in this title to the commission. (Ord. 25-14(AM) § 2, 2025)

16.10.010 Rules of construction.

A. The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:

1. The word “lot” shall include the words “plot,” “parcel,” or “tract.”

2. A “building” under this code is always a “structure” but a “structure” does not always qualify as a “building” as that term is defined in this title. (Ord. 25-14(AM) § 2, 2025)

16.10.015 Conflicting provisions.

A. Conflict With Other Public Laws, Ordinances, Regulations, or Permits. This title is intended to complement other municipal, state, and federal regulations that affect land use. This title is not intended to revoke or repeal any other public law, ordinance, regulation, or permit, except as expressly set forth in ordinance. However, where conditions, standards, or requirements imposed by any provision of this title are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements shall govern.

B. Conflict With Private Agreements. This title is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this title are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this title shall govern. Nothing in this title shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this title. In no case shall the city be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. (Ord. 25-14(AM) § 2, 2025)

16.10.020 General Exceptions.

The provisions of this title shall be subject to the following exceptions:

A. Public Utility or Government Structures. The erection, construction, alteration, or maintenance by public utilities or governments of underground, surface or overhead electrical, phone, gas, steam, fuels, water, sewer, stormwater transmission, distribution, collection, communication, supply, or disposal systems, together with towers, poles, wires, mains, drains, pipes, conduits, cables, signals, hydrants, and similar equipment in connection with this equipment, but not including buildings, shall be permitted as authorized or regulated by other laws or ordinances and shall be exempt from the provisions of this title.

B. Voting Places. The provisions of this title shall not be construed to interfere with the temporary use of any property as a voting place in connection with a federal, state, or municipal election. (Ord. 25-14(AM) § 2, 2025)

16.10.025 Definitions.

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

“Accessory uses and associated structures” means uses and structures which are secondary and incidental to the principal uses and structures on the lot, and which are for the convenience, enjoyment, or necessity of the principal uses or structures.

“Adjacent” means abutting or across an alley, street, or right-of-way.

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

“Administrative hearing officer” means a person who is appointed as an administrative hearing officer pursuant to WMC Chapter 2.76 to hear appeals related to a planning commission decision.

“Adult business” means a use which is the retail or wholesale display, sale, rental, or provision of adult-oriented entertainment, goods, merchandise, or activities. Any commercial use where at least 25 percent of its interior floor area, or at least 25 percent of the showing time, or where at least 25 percent of its merchandise, is devoted to the display, sale, viewing, or rental of adult-oriented entertainment, goods, merchandise, or activities is an adult business. Adult-oriented entertainment, goods, merchandise, or activities refers to books, magazines, films, videos, photographs, or other such similar materials whose dominant content or theme is the actual or simulated depiction of sexual activities, display, or exhibition of specified anatomical areas, or total nudity. Adult-oriented entertainment, goods, merchandise, or activities is intended to include goods, merchandise or activities depicting, describing, or pertaining to human sex acts or that include an emphasis on the display or depiction of male or female genitals, male or female buttocks, or female breasts. Typical examples of such adult businesses would include, but not be limited to, adult motion picture theaters, adult mini-motion picture theaters, adult motion picture arcades, adult video rental stores, adult bookstores, and nude or partially nude dancing establishments, commonly referred to as exotic dancing or strip tease dancing businesses, and otherwise including dancing performed to emphasize the display of nude or partially nude aspects of the human anatomy referred to herein. Adult business includes hotel, motels or similar establishments which offer a sleeping room for a period of time less than 10 hours or allows a tenant or occupant to sub-rent the room for a period of time that is less than 10 hours. For purposes of the definition of adult businesses, establishments found not to be subject to, or regulated by, WMC Chapter 9.04 but are otherwise within the definition of adult businesses, as provided in this definition, are to be included as within the meaning of adult businesses.

“Agriculture” means a use involving the commercial growing of vegetation or the raising, controlled breeding, management, or keeping of farm animals or poultry. Animals may be bred and raised for utility (e.g., meat, milk, eggs, fur), sport, or pleasure. The keeping of bee colonies and production of honey is excluded from the definition of agriculture. The breeding and raising of cats or dogs is not considered an agricultural use.

“Animal, domestic” or “domestic animal” or “pet” means an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter. This includes dogs, cats, parrots, parakeets, canaries, guinea pigs, pot-bellied pigs, hamsters, turtles, or any other animals that are tame by nature and not defined as a farm animal, exotic animal, wild animal, or poultry in this section, so long as they are kept and maintained in compliance with other provisions of this title.

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

“Animal, farm” or “farm animal” means any domestic species of cattle, sheep, swine, goat, horse, mule, donkey, llama, and alpaca that is normally, and has historically been, kept and raised on farms in the United States and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency. This term also includes animals such as rabbits, mink, and chinchilla when they are used for personal utility (e.g., meat or fur), sport, or pleasure.

“Animal, poultry” or “poultry” means chickens, doves, ducks, geese, grouse, ptarmigan, pigeons, quail, swans, guinea fowl, peacocks, and turkeys.

“Animal shelter” means a facility used to house four or more stray, homeless, abandoned, or unwanted animals, and that is owned, operated, or maintained by an animal welfare organization, organization for the prevention of cruelty to animals, or other nonprofit organization, or by a person or persons devoted to the welfare, protection or humane treatment of animals, for the purpose of finding a permanent adoptive home.

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

“Architectural concept” means the basic aesthetic idea of a structure, or group of structures, including the site, signs, buildings, and landscape development that produce the architectural character.

“Architectural feature” means a significant element of a structure or site.

“Assisted living facility, large” or “large assisted living facility” means a building used or intended for use in whole or in part as a residence providing supervised or assisted living for more than eight people. The term “large assisted living facility” does not include a correctional facility.

“Assisted living facility, long-term small” or “long-term small assisted living facility” means a single-family dwelling or other building used or intended for use in whole or in part as a residence for individuals for more than 30 days, by such individuals that provide supervised or assisted living for no more than eight people, including live-in or 24-hour staff providing care or services. The term “long-term small assisted living facility” does not include a correctional facility.

“Assisted living facility, transient small” or “transient small assisted living facility” means a single-family dwelling or other building used or intended for use in whole or in part as a short-term (no more than 30 days) residence for individuals that provides supervised or assisted living for no more than eight people, including live-in or 24-hour staff providing care or services. The term “transient small assisted living facility” does not include a correctional facility.

“Automotive sales” means a commercial use involving the display of three or more vehicles for sale.

“Batch plant” means machinery that blends materials together to create concrete or bituminous paving as the end product.

Bed and Breakfast (B&B). See “Short-term rental” definition.

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

“Berm” means a vegetated, raised earthen barrier.

“Biofiltration” means the use of living material to capture and biologically degrade surface water runoff.

“Build-to lines or zones” means a line or zone along a public street to which the main face or wall of a building must directly abut or be built within. Unlike a setback which sets a minimum distance from the road, a “build-to” line ensures the building will be built closer to the road to create the proper sense of scale for the sidewalk and streetscape within the district. The distance is measured from the back of curb and not the right-of-way.

“Building” means any structure over 120 square feet intended or used for the support, shelter, or enclosure of persons, animals, or property of any kind.

“Building, commercial” or “commercial building” for purposes of the downtown overlay district means all buildings in the downtown core area in the commercial zone, as defined as the area between Nelson Street to the Parks Highway and between Lucille Street to Crusey Street.

Building Height. See “Height, building” definition.

“Building line” (for purposes of determining a front setback) means the exterior line of all existing buildings in a block projected on a horizontal plane, including steps, open porches, and similar appurtenances.

“Building, principal” or “principal building” means a building in which the main use of the lot is conducted.

“Building site” means each buildable tract or parcel of real property that is contained in a zoning district or overlay district. For the purposes hereof, any adjoining or contiguous property conveyed to an owner of a building site shall be deemed to be part of the building site owned by said owner.

“Business day” means any day excluding Saturdays, Sundays, city holidays on which the offices of the city are closed to the public, and any other day on which the city offices are closed to the public.

“Caliper” means the diameter of a tree trunk as measured one foot above ground level. If a tree is of a multi-trunk variety, the caliper of the tree is the average caliper of all its trunks.

“Campground” means private or publicly owned real property that includes campsites that are available for use for a fee. For purposes of this definition, a “campsite” means a site for the placement of a tent, recreational vehicle or other shelter, including a yurt or cabin, so long as the shelter does not have water, electricity or indoor plumbing.

“Cattery” means any premises used for breeding, buying, selling, keeping, or boarding five or more cats over the age of six months, whether for profit or not.

“Cemetery” means a use consisting of a graveyard, burial ground, mausoleum, or other place of interment, entombment, or sepulture of one of more human bodies or remains. The provision of burial plots for only those individuals related to one another by blood or marriage is not a cemetery.

“Church” means a building or structure, or groups of buildings or structures, which by use, or design and construction, are primarily intended for the conducting of organized religious services and accessory uses associated therewith.

“Coalbed methane extraction” means the extraction of coalbed methane involving drilling, clearing, or grading or the removal for commercial purposes of native vegetation for the purpose of extracting coalbed methane.

“Commercial” means a use involving the storing, wholesaling, retailing, or rental of any article, service, or substance for cash, trade, or any form of compensation, and supporting activities and buildings.

“Commission” means the city of Wasilla planning commission.

“Comprehensive plan” means the comprehensive plan for the city of Wasilla as adopted by the Wasilla city council and as may be amended from time to time.

“Convenience store” means a commercial use not involving the sale of automotive fuels which is conducted only on the first floor of a building, occupies 1,000 square feet or less of the building, retails merchandise or services primarily to the neighborhood and is located on a lot with frontage on a street designated as a collector street in the city comprehensive plan.

“Cornice” means a horizontal molded projection that crowns or completes a building or wall.

“Correctional facility” means a facility providing for the imprisonment or physical confinement of persons under guard or 24-hours’ physical supervision by a non-family member such as a prison, jail, detention center, halfway house, or similar facility.

“Day” means any calendar day. For purposes of determining submission deadlines, a “day” commences at the time of receipt of an application or notice and ends after 24 hours have elapsed.

“Day care facility, large” or “large daycare facility” means a commercial use where 26 or more individuals are cared for during the day, night, or by the hour. This term does not include similar uses where 24-hour care is offered.

“Day care facility, small” or “small daycare facility” means a commercial use where six to 25 individuals are cared for during the day, night, or by the hour. This term does not include similar uses where 24-hour care is offered.

“Daytime” means between the hours of 7:00 a.m. and 10:00 p.m.

“Developer” means a property owner or other person designated by the property owner or any other person who causes a use to occur on property governed by this title.

“Duplex” means a use or building on a lot containing two single-family dwellings.

“Dwelling, multifamily” or “multifamily dwelling” means a residential use or building designed as or occupied as three or more single-family dwellings.

“Dwelling, single-family” or “single-family dwelling” means a residential use or building on a foundation dug into the ground that has a frost-resistant footing and foundation wall, designed for, or occupied by, and providing housekeeping facilities for no more than eight people, including modular or mobile homes and manufactured homes that have become real property pursuant to AS 34.85.010 through 34.85.195. This does not include persons living in an assisted living facility, correctional facility, hotel, motel or short-term rental.

“Existing use” means a lawful use or uses on the effective date of this title.

“Fence” means an artificially constructed barrier of any material, or combination of materials, erected to enclose or screen an area, except in provisions of this title concerning landscaping, where “fence” means a sight-obscuring barrier constructed of wood, metal, fiberglass, masonry, or a combination thereof. Fences used for the keeping of farm animals must be constructed and maintained in a manner that will effectively contain the animals and protect adjacent lots from intrusion.

“Firearm” is defined as provided in AS 11.81.900, as amended.

“Firing range” means a facility designed for the purpose of providing a place on which to discharge firearms.

“Frontage” means the length of the property line of any one premises along a public way which it borders.

“Frontage, building” means the length of an outside building wall on a public way.

“Gross floor area” or “GFA” means the sum of the covered and enclosed usable horizontal area of the floors of a building or buildings, measured on the exterior perimeter. The GFA may include outside display areas for businesses that conduct outside sales.

“Gross leasable area” or “GLA” means the total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

“Ground cover” means any landscaping treatment intended to prevent the growth of invasive species and/or provide erosion control. Ground cover may include lawn or low-growing plants, which grow in a spreading fashion to form a more or less solid mat of vegetation. “Ground cover” also encompasses material planted or distributed between the required plantings within required landscaped areas.

“Guest room” means a room used or intended to be used by a person for sleeping purposes. Every 100 square feet of floor area in a room occupied by more than two persons will be considered a guest room.

“Hazardous materials” means any substance designated pursuant to Section 311(b)(2)(A) of the Federal Water Pollution Control Act (FWPCA), any element, compound, mixture, solution, or substance designated pursuant to Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act, any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act, any toxic pollutant listed under Section 307(a)(1) of the FWPCA, any hazardous air pollutant listed under Section 112 of the Clean Air Act, and any imminently hazardous chemical substance or mixture with respect to which the administrator of the Federal Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act.

“Head shop” means a retail store specializing in tobacco paraphernalia used for the consumption of tobacco, marijuana, and/or other nonlegal substances. Other products offered for sale often include pipes, pipe screens, bongs/water pipes, clips, vaporizers, rolling papers, incense, lighters, and counterculture art, magazines, music, clothing, and home decor.

“Heavy equipment” means semitrailer tractors, commercial buses, construction, and earth-moving equipment such as a front-end loader, backhoe, dump truck, grader, bulldozer, and other tracked or large-tired vehicles. This term does not include privately used recreational vehicles including airboats, airplanes, and vehicles designed for off-highway use.

“Heavy equipment storage” means the commercial storage or repair of heavy equipment.

“Height, building” or “building height” means, for purposes of determining the maximum height of a building, the distance from lowest point in the finished earthen grade around the building to the highest point on the roof, but not including chimneys, radio antennas, water towers, church spires, penthouses constructed primarily for mechanical equipment, and similar building mechanical features.

“Height, tree” or “tree height” means the vertical distance of a tree or shrub from the ground level, or as measured from the top of the root ball to the tip of the highest branch.

“Helipad” means the specific site designated for landing and takeoff by helicopters.

“Heliport” means a use or designated site for the routine commercial or private general operations, landing, takeoff, parking, storage, fueling, and/or maintenance of helicopters.

“Historical significance” means a building or property that has been recognized and proven to be an integral part of a historically significant event or place by any agency lawfully authorized to assign a historical designation.

“Hotel/motel” means a building containing five or more guest rooms intended, used, or designed to be used, rented out, or occupied by a guest or guests for less than 30 consecutive days for sleeping purposes and in exchange for compensation.

“Hotel/motel, large” or “large hotel/motel” means a hotel/motel with more than 10 guest rooms.

“Hotel/motel, small” or “small hotel/motel” means a hotel/motel with five to 10 guest rooms.

“Improvements” means any and all building site developments, betterments, modifications, and construction, including, but not limited to, buildings, structures, walks, towers, tanks, patios, decks, driveways, signs, docks, walls, fences, screens, parking areas, drainage and utility conduits, excavations, and grading. Routine maintenance is not an improvement.

“Industrial” means a use that has potential for significant negative impact on adjoining uses. This category includes uses that incorporate buildings that are large, tall, or unsightly, uses that generate offensive odors, noise, or glare; uses that involve large amounts of exterior storage; and uses that, because of their scale, create nuisances or hazards, such as heavy truck traffic, commuter traffic, or other intense activity. This definition includes uses such as airports, landing strips, and heliports; truck or rail terminals; concrete batching plants; asphalt or concrete mixing plants; resource extraction; unenclosed bulk material or machinery storage; fuel generation plants (petroleum refineries); grain elevators; meatpacking plants or slaughterhouses; resource recycling facilities; commercial flammable or hazardous material storage; sanitary landfills; large-scale sewage treatment facilities; and manufacturing plants.

“Interested person” or “interested party” means, with respect to a decision of the city planner or planning commission, each record owner of the property that was the subject of the decision, an applicant for the permit or decision at issue, any person adversely affected by the decision who filed a position statement of written argument before the decision-making person or body, and any governmental agency, including the city.

“Invasive species” means a species that is nonnative to the ecosystem in Wasilla whose introduction causes or is likely to cause economic or environmental harm or harm to human health. An invasive species for purposes of this title includes all invasive species identified by the Alaska Department of Fish and Game or the Alaska Department of Natural Resources.

“Junkyard” means a lot or portion of a lot which is used for the purpose of the outdoor storage, handling, dismantling, wrecking, keeping, or sale of more than two unregistered, discarded, wrecked, or abandoned airplanes, appliances, vehicles, boats, building and building materials, machinery, equipment, or parts thereof, including scrap metals, wood, lumber, plastic, fiber, or other tangible materials.

“Kennel” means any premises used for breeding, buying, selling, keeping, or boarding five or more dogs over the age of six months, whether for profit or not.

“Landscape vegetation, existing” means previously installed landscape plant material such as trees, shrubs, perennial flowers, or lawn that is healthy, undamaged, and established.

“Landscaped area” means all areas shown on the approved landscape plan that contain required plantings (trees, shrubs, flowers, hedges, etc.), mulch, and other landscaping features that require maintenance and retention. These areas are often protected by curbs or other structural barriers and may be located along the perimeter of the site, within the interior and exterior of parking lots, and as screening/buffering between incompatible uses. This does not include sidewalks, walkways, patios, decks, fountains, or other pervious or nonpervious hardscape, unless specifically permitted within this title.

“Landscaping bed” means an area in which landscaping treatment is planted or placed, and may include mounds and berms.

“Lawn” means a managed area planted with grass that is typically maintained with a lawnmower and used for aesthetic and recreational purposes.

“Local contact” means the person designated by the owner or agent who will be available 24 hours per day, seven days per week, for the purpose of responding to concerns or requests for assistance related to the owner’s short-term rental.

“Lot” means a parcel of land shown as an individual unit on the most recent plat of record.

Lot, Adjacent or Lot, Adjoining. See “adjacent or adjoining lot” definition.

“Lot area” means the total area within the property lines of the lot or the total area of lots with a common boundary line and ownership.

“Lot line, front” means the property line or lines separating the lot from a street. For lots situated on the intersection of two or more streets, the lot has one primary front yard which will be the address frontage and shall be subject to a full front yard setback as provided by this title.

“Lot line, rear” means the property line or lines opposite and more distant from a front lot line.

“Lot line, side” means any property boundary line not a front or rear lot line.

“Maintenance” means the preservation of property as nearly as possible in its original condition as constructed or improved.

“Maintenance, grounds” or “maintenance of grounds” or “grounds maintenance” means the care of landscape improvements or natural vegetated areas, including watering, mowing, fertilizing, raking, pruning, and replacing dead materials as necessary to keep the grounds as nearly as possible in the condition required by permit or a landscaping plan and to keep vegetation healthy.

“Mobile home” means a structure, transportable in one or more sections, that, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term includes a structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C.

“Mobile home park” means one or more mobile homes on any parcel or adjacent parcels of land in the same ownership which are managed for occupancy by more than two mobile homes where one or more of these mobile homes have not become real property pursuant to AS 34.85.010 through 34.85.195. The term does not include tourist facilities for travel trailers or campers.

“Modular home” means a building constructed as a prefabricated or assembled unit at a place other than the building site, and is moved on the highway by a licensed commercial trailer and then placed on a permanent foundation. The meter base for incoming wiring is attached to the exterior wall of the modular home.

Motel. See “hotel/motel” definition.

“Mulch” means dead vegetative matter used as a ground cover to retard weed growth, control erosion, or conserve moisture (e.g., bark mulch placed over weed fabric). Mulch may include rocks or other natural matter.

“Native vegetation” means dense stands of forest including trees and shrubs that are naturally occurring in the Matanuska-Susitna Valley.

“Native vegetation, existing” means existing vegetation prior to any clearing, including trees, shrubs, and other plant species that are either indigenous to and/or occur naturally on the site. This includes vegetation that could have been expected to have been on the site prior to any clearing. This includes forests, wetlands, meadows, or any other undisturbed and undamaged vegetation.

“Neighborhood” means the physical area within a minimum of 500 feet of the proposed use. This term also means an area having certain characteristics in common, including traffic flow, attendance at an elementary school, subdivision boundaries, or a short distance to frequently needed services.

“Nonconforming lot” means a lot lawfully existing at the time this title became effective or was amended, which by reason of area or dimensions does not meet the development requirements for the zone in which it is located.

“Nonconforming structure” means a structure or portion thereof, lawfully existing at the time this title became effective or was amended, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone.

“Nonconforming use” means a use which was lawful when it was initiated but does not now comply with this title.

“Nonconformity” means a lot, building, use or portion thereof which was lawfully erected, altered or maintained, but no longer conforms to the provisions for the zoning district in which it is located.

“Nuisance” means any usage of a building site that:

1. So annoys, disturbs, or affects the owners or occupants of any other building site or other property within the district, or the owners or occupants of property contiguous to the district, so as to obstruct or interfere with the reasonable or compatible use of such other building site or property, or so as to render usage of the building site or property dangerous or damaging to persons or property thereon; or

2. Violates any federal, state, borough, or municipal law.

“Occupant” means an entity or person who may or may not also be an owner and is in lawful possession or has the lawful right to use any building site or portion of a building site. For purposes of short-term rentals, an “occupant” means any person who occupies or is entitled to occupy by reason of concession, permit, right of access, license, or other agreement, a short-term rental for a period of 30 consecutive calendar days or less.

“Overnight” means between the hours of 10:00 p.m. and 7:00 a.m. the following day.

“Owner” means the record title holder, whether one or more persons or entities, of fee simple title to a property or building and shall include the owner’s heirs, executors, administrators, successors and assigns but exclude those persons holding title to that property or building merely as security for the performance of one or more obligations.

“Owner-occupied” means that the dwelling is occupied by the owner for a minimum of six months out of a calendar year.

“Parapet” means a low protective wall or railing along the edge of a raised structure such as a roof or balcony.

“Peak use” means the time period during which those characteristics of a use including traffic, parking, visitation, and other activities are at the most active or intense levels.

“Perennial flower” means an herbaceous flowering plant that regrows each year without replanting.

“Person” means a partnership, corporation, company, joint venture, public agency, the city and any other municipality, or other association, as well as a natural person or individual.

“Personal service” means a business or enterprise providing individual services generally related to personal needs, including, but not limited to, barber shops, beauty, nail, or tanning salons, shoe or watch repair, and tailor shops.

“Planner” means the city planner of Wasilla or a city employee designated by the planner or the mayor as the planner’s designee.

“Playfield” means an area set aside for outdoor games or recreation including soccer fields, baseball diamonds, football fields, golf ranges and courses, and other uses having similar characteristics.

“Pollution” means the contamination or altering of air, water, or land in a manner that creates a nuisance, or makes the air, water, or land unclean, noxious, or impure, so that it is harmful or injurious to public health, safety, or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, birds, fish, or other aquatic life.

“Projection” means any physical attached part of a building, including, but not limited to, a roof overhang, steps, porch, stoop, elevated wood deck, raised patio, or an attached utility, such as an air-conditioning condenser. A patio at grade does not constitute a projection.

“Proportion” means a balanced relationship of parts of a building, signs, and other structures, and landscape to each other and to the whole.

“Public facility” means a use, lot, or building owned or used by a federal, state, or local government agency, school board, or utility company, including fire stations, public education facilities, libraries, hospitals, stormwater infrastructure facility, and accessory uses.

“Residential” means a use and accessory uses involving the occupation of a building for living, cooking, and sleeping, and includes a single-family dwelling, duplexes, or a multifamily dwelling. Assisted living facilities or mobile homes that have not become real property pursuant to state law are specifically excluded from this definition.

“Resource extraction” means a use involving clearing or grading, or the removal for commercial purposes of native vegetation, topsoil, fill, sand, gravel, rock, petroleum, natural gas, coal, metal ore, or any other mineral, and other operations having similar characteristics.

“Scale” means the proportional relationships of the size of parts to one another and to humans. It is also a drawing’s relative size as referenced against a known dimensional standard.

“Setback” means the area of a lot adjacent to a lot line within which permanent buildings, except for access ways, may not be erected.

“Short-term rental” means the rental of a dwelling, or a portion of a dwelling, or an accessory building or buildings to a dwelling, for less than 30 consecutive days for money or other valuable consideration. This definition does not include housing provided to employees or dormitory housing provided conditional upon employment or enrollment in an educational program or school. It does include bed and breakfasts.

“Shrub” means a woody plant that has many small branches from its base and is not tree-like and is a minimum of two feet in height.

“Sidewalk” means the portion of a street intended for nonmotorized vehicle and pedestrian use only.

“Sidewalk clear zones” means, for purposes of the downtown overlay district, a continuous area located immediately contiguous to the landscape zone.

“Sight triangle” means a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

“Sign” means any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, excluding the following:

1. Signs bearing only property numbers, post office box numbers, names of occupants or premises, or other identification of premises;

2. Flags and insignia when temporarily displayed in connection with commercial promotion;

3. Regulatory, identification, informational, or directional signs, erected or required by governmental bodies, or reasonably necessary to regulate parking and traffic flow on private property where such signs have no commercial connotation; and

4. Integral decorative or architectural features of buildings.

“Site plan” means an accurate, to-scale graphic depiction of a plan of development that shows existing and planned future conditions, including topography, water bodies, buildings, uses, parking areas, and vegetation on the lot and in the general area of the proposed development.

“Subdivision” means the division of a parcel of land into two or more lots or other divisions for the purpose of sale or building development including resubdivision. It does not include cadastral plats, cadastral control plats, open-to-entry plats or remote parcel plats created by or on behalf of the state regardless of whether these plats include easements or other public dedications.

“Surveyor” means a professional land surveyor who is registered and licensed in the state of Alaska.

“Temporary building” means a building that is capable of being immediately moved to provide access or a use which occurs on a daily basis, for a limited time up to six months.

“Temporary use” means a use that occurs for a limited time up to six months.

“Transfer” means the addition or substitution of owners not included on an original permit application, whether or not there is consideration.

“Travel trailer/camper” means a vehicular-type, portable structure without permanent foundation, which can be towed, hauled, or driven, and primarily designed as temporary living accommodations for recreational, camping, and travel use. The term includes travel trailers, truck campers, camping trailers, and self-propelled motor homes.

“Tree” means a woody plant, usually with one trunk, with a minimum full-grown height of eight feet.

“Tree, preserved” means all existing, healthy trees identified on an approved landscape plan in an area of the lot that is outside the approved clearing limits and/or all existing, healthy trees within the shoreline protection area.

“Use” means any significant activity on a lot. A use is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. A use includes the following:

1. Construction, reconstruction, relocation, placement, or alteration of a building;

2. Change in the use or material increase in use of a site, including any building thereon;

3. Disturbance of the surface of the land. Disturbance includes dredge, excavation, or fill activities, creation of an equipment or material storage site, or tailing pile, creation of a refuse pile, dump, or landfill; and

4. Subdivision or resubdivision of land.

“Use, change in” means a change in the owner, occupant or tenant of a building/structure or a change in the use of real property or a building or structure on real property. A change in use includes, but is not limited to, the following:

1. Change of occupancy/tenancy, regardless of use;

2. Sublease of lot, building, or dwelling within a multi-tenant building, for a new/additional tenant;

3. Conversion of residential use to nonresidential use;

4. Conversion from one type of residential use to another type of residential use;

5. Increase in number of residential dwellings;

6. Change from a nonresidential/commercial use to another nonresidential/commercial use (e.g., office to retail, commercial to automotive, commercial to restaurant or daycare facility, retail to vehicle sales);

7. Conversion of nonresidential/commercial use to industrial and/or residential use;

8. Conversion of industrial use to nonresidential/commercial and/or residential use;

9. Change from single-use to multi-use;

10. Change from temporary use to nontemporary use; and

11. Increase in intensity of use.

“Utility facilities” means a use either public or private, which is above or below ground level and which is used to treat, condition, or convey water, stormwater, sewer, energy, electricity, and communication services. The term includes pipes, cables, utilidors, substations, transformers, switching devices, lift stations, public satellite dishes, public antennas, and towers. This term does not include minor accessories to the existing system or utility connections necessary for an individual lot.

“Variance” means the relaxation of the strict application of the requirements of this title.

“Waterfront use” means any use, including accessory uses or buildings on a lot within 75 feet of a water body.

“Wireless communication facilities” means the physical structures and equipment used to transmit and receive wireless signals, including antennas, towers, support structures, and associated electronics needed to provide services like cellular phone calls, data transmission, and other forms of wireless communication; essentially, any fixed location used to send or receive radio waves for communication purposes.

“Yard” means an open space within the required setbacks. (Ord. 25-14(AM) § 2, 2025)