Use and Development Regulations
A. Except as otherwise provided in this section, no person shall engage in the construction or operation of a kennel or cattery on property within the city.
B. Kennels and/or catteries are permitted as a conditional use in the RR, R-2, and C districts and are prohibited in all other districts.
A legal nonconforming sign will lose this designation if:
A. The sign is relocated or replaced; or
The following chart summarizes the uses allowed and the standard of review for each use. In the commercial and industrial districts, more than one building housing a permissible principal use may be erected on a single lot; provided, that each building and use shall comply with all applicable requirements of this chapter and other borough, state, or federal regulations.
AP = Administrative permit
CUP = Conditional use
X = Excluded
Uses | DISTRICTS | ||||||
|---|---|---|---|---|---|---|---|
RR Rural | R-1 Single-Family | R-2 Residential | R-M Multifamily | C Commercial | I Industrial | P Public | |
Adult business | X | X | X | X | CUP | X | X |
Agriculture | AP | X | X | X | X | X | X |
Animal shelter | X | X | X | X | CUP | AP | AP |
Assisted living facility, transient small | CUP | X | AP | AP | CUP | X | X |
Assisted living facility, large | X | X | CUP | CUP | CUP | X | CUP |
Assisted living facility, long-term small | AP | AP | AP | AP | CUP | X | X |
Automotive sales | CUP | X | X | X | AP | AP | X |
Batch plant | X | X | X | X | CUP | AP | X |
Beehives | AP | AP | AP | CUP | CUP | CUP | X |
Campground | AP | X | X | X | AP | X | AP |
Cemetery | AP | X | X | X | AP | AP | AP |
Church | AP | X | AP | AP | AP | X | X |
Coalbed methane extraction | CUP | X | X | X | CUP | CUP | CUP |
Commercial 10,000 GFA or less | AP | X | X | CUP | AP | AP | AP |
Commercial more than 10,000 GFA | X | X | X | X | CUP | AP | X |
Wireless communication facilities | AP | AP | AP | AP | AP | AP | AP |
Convenience store | AP | X | CUP | X | AP | X | X |
Correctional facility | X | X | X | X | X | CUP | CUP |
Small daycare (with care for 25 or fewer children/adults) | AP | AP | AP | AP | AP | X | X |
Large daycare (with care for more than 25 children/adults) | CUP | X | X | CUP | AP | X | X |
Duplex | AP | X | AP | AP | CUP | X | X |
Exotic animals | X | X | X | X | X | X | X |
Farm animals | AP | CUP | CUP | X | X | CUP | X |
Firing range, outdoor | X | X | X | X | X | CUP | CUP |
Helipad | X | X | X | X | CUP | AP | CUP |
Heliport | X | X | X | X | CUP | AP | CUP |
Hotel/motel | X | X | X | X | AP | X | X |
Junkyard | X | X | X | X | X | CUP | X |
Kennel/cattery | CUP | X | CUP | X | CUP | X | X |
Mobile home or mobile home park | X | X | CUP | X | X | X | X |
Multifamily | X | X | CUP | AP | CUP | X | X |
Playfield | AP | AP | AP | AP | AP | X | AP |
Poultry | AP | AP | AP | CUP | CUP | CUP | X |
Public facility | CUP | CUP | CUP | CUP | CUP | AP | AP |
Resource extraction | CUP | X | X | X | CUP | CUP | CUP |
Short-term rentals, including bed and breakfasts | AP | AP | AP | AP | AP | X | X |
Single-family dwelling | AP | AP | AP | AP | CUP | X | AP |
Utility facility | AP | CUP | CUP | CUP | AP | AP | AP |
Waterfront use | AP | AP | AP | AP | CUP | CUP | CUP |
Wild animals | X | X | X | X | X | X | X |
Zoo | CUP | X | X | X | CUP | X | CUP |
(Ord. 25-14(AM) § 2, 2025)
Where a proposed use is not specifically identified by this chapter, or this chapter is unclear as to whether the use is allowed in a particular zone, the planner may find the use is similar to another use that is permitted, allowed conditionally or prohibited in the subject zone and apply this chapter accordingly. Use rulings that require discretion on the part of the planner shall be confirmed by the commission at its next regular meeting after providing lawful public notice. (Ord. 25-14(AM) § 2, 2025)
A. Intent. The intent of this section is to allow accessory uses and associated structures where a lot is devoted to a principal use except as specifically prohibited or limited by the standards in this section or elsewhere in this title.
B. General Standards. Each accessory use or accessory structure shall meet the following standards:
1. If the accessory structure is detached, it shall not exceed 24 feet in height in the RR, R-1, R-2 or R-M districts. In other zoning districts, detached accessory structures shall not exceed the height of the principal building to which it is accessory without first obtaining a conditional use permit;
2. Accessory uses and structures shall not be allowed on a lot before the principal use or structure is established on that lot unless approved by conditional use permit; and
3. Except as otherwise provided in this section, accessory uses and structures shall comply with all other provisions of this code, including dimensional and setback requirements.
C. Except as otherwise expressly provided in this title, accessory structures and uses meeting the above standards do not require an administrative permit.
D. Special Standards, Garden, Utility, or Storage Sheds. In the RR, R-1, and R-2 zoning districts, one freestanding utility, garden, or storage shed per lot may be allowed within the side yard or rear yard setback if the shed is easily removable, not fastened to the ground, or any other structure or post, and is less than 125 square feet, has no side longer than 12 feet in length, and is a maximum height of 12 feet at the highest point of the shed.
E. Procedures and standards for home occupations, a special classification of accessory uses, are found in WMC 16.60.020, Home occupation as an accessory use, and are not governed by this section.
F. It shall be unlawful to construct or maintain an accessory use and associated structure except in compliance with this title. (Ord. 25-14(AM) § 2, 2025)
A. A “home occupation” is the accessory use of a dwelling or an accessory structure for an occupation, profession, or other business activity which is clearly incidental and secondary to the use of the dwelling or accessory structure for residential purposes and which does not change the character of a residential zoning district, which includes the RR, R-1, R-2, and R-M zoning districts. Except as otherwise provided in this title, no person shall use property for a home occupation within the city.
B. Permitted Uses. Any business activity shall be permitted which is not expressly prohibited in this section, so long as it meets the standards in this section and is in the RR, R-1, R-2, R-M, I, or C zoning district. Home occupations are not permitted in the P district.
C. Prohibited Uses. The following uses shall be prohibited as home occupations:
1. Sale or rental of pornographic materials;
2. Motor vehicle services;
3. Automotive sales;
4. Boat repair, fabrication, and construction services;
5. Restaurants;
6. Heavy equipment storage or repair; and
7. Short-Term Rentals. Short-term rentals within an accessory structure or as an accessory use may be permitted in a specific district but shall be governed by provisions in this title specific to short-term rentals.
D. Except as provided in this section, home occupations are allowed in the RR, R-1, R-2, R-M, I, and C zoning districts without an administrative permit, provided they meet all of the following performance standards:
1. No more than one person, in addition to members of the household that reside on the premises, may engage in such occupation;
2. No more than one nameplate or one wall sign is displayed and that sign does not exceed four square feet in area;
3. The use of the dwelling or accessory buildings for the home occupation is clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 30 percent of the combined floor area of the dwelling and appurtenance is used in the conduct of the home occupation unless the commission approves a conditional use permit allowing the use of a greater percent of the combined floor area;
4. There is no significant change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign that complies with this section;
5. Sales and services are scheduled by appointment only so that no more than two patron vehicles are on the premises at a time and traffic is not generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood;
6. The home occupation does not include the use of equipment, procedures or operations that create noise, vibration, glare, fumes, odors, hazardous waste or electrical interference, detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling if conducted in a structure other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;
7. Except as approved via conditional use permit, only one home occupation is permitted per lot; and
8. No exterior operations, including display of merchandise and storage of goods, materials, or equipment. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall construct or operate an adult business on property within the city.
B. Except as otherwise provided in this section, adult businesses are permitted as a conditional use after the issuance of a conditional use permit in the C district. Adult businesses are prohibited in all other districts.
C. In addition to the approval criteria and requirements for a conditional use permit, an adult business will not be permitted in the C district if it is not separated from any residentially zoned (RR, R-1, R-2, R-M) lot line, public or private school, preschool, educational institution, church or other religious facility, public or private park, or youth-oriented facility or business by a buffer distance of at least 1,200 feet. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall keep or maintain beehives on property within the city.
B. Beehives and beekeeping are permitted with an administrative permit in the RR, R-1, and R-2 districts. Beehives and beekeeping are permitted as a conditional use after the issuance of a conditional use permit in the R-M, C, and I districts. Beehives and beekeeping are prohibited in the P district.
C. No person shall keep more than four hives on a lot of 10,000 square feet or smaller, nor shall any person keep more than one additional hive for each additional 2,400 square feet over 10,000 on lots larger than 10,000 square feet.
D. It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy conditions to humans or animals.
E. Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with adjacent property. To that end, colonies shall:
1. Be situated at least 25 feet from any lot line not in common ownership;
2. Be oriented with entrances facing away from adjacent property;
3. Be placed at least eight feet above ground level; and
4. Be placed behind a fence at least six feet in height and extending at least 10 feet beyond each hive in both directions.
F. The maximum height for a beehive at ground level is eight feet measured from the base of the beehive, inclusive of any temporary or permanent stand or foundation. Beehives are permitted on rooftops or elevated decks; provided, that the beehive does not exceed five feet in height above the surface of the rooftop or deck and the rooftop or deck is a minimum of eight feet above ground level.
G. All beekeeping shall comply with applicable laws, regulations, and registration requirements. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, a correctional facility may not be constructed or operated on property within the city.
B. Correctional facilities are permitted as a conditional use after the issuance of a conditional use permit in the I and P districts and are prohibited in all other districts.
C. Correctional facilities may be allowed if the following criteria are met:
1. The property is separated from any business licensed to serve alcoholic beverages or package store, public or private school, preschool, educational institution, church or other religious facility, or youth-oriented facility or business by a buffer distance of at least 1,200 feet;
2. The lot on which the facility is located may not border on a lot line of a residential zoning district, which includes the RR, R-1, R-2, and R-M districts;
3. Suitable buffering must be constructed and building(s) containing the principal use must be set back from any adjoining residential district lot line by a minimum of 50 feet;
4. Lighting must be provided at all developed pedestrian and vehicular access points. Additional lighting may be required by the commission through the conditional use permit process; and
5. The minimum lot area for use as a correctional facility is 40,000 square feet for up to 12 beds. Each additional 12 beds or less requires an additional 20,000 square feet of lot area.
D. Prior to initiation of operation of a transitional home or correctional facility, the developer shall post a bond in the amount of no less than $75,000 per client inmate bed that the facility is licensed to maintain.
1. The bond shall be payable upon the event of damage to property or injury to persons caused by or perpetrated by a client/inmate while a resident of the facility, and be written by a corporate surety of veritable financial accountability or other comparable form that assures the fiscal responsibility of the entity or person(s) underwriting the bond.
2. This bond requirement shall not apply to facilities owned and operated by the state of Alaska and/or a municipal subdivision of the state of Alaska.
3. The bond requirements set forth in this subsection (D) are based, in part, upon past incidents of harm to the general public involving injury to and criminal acts perpetrated upon residents of Southcentral Alaska by clients/inmates of transitional criminal facilities, and further based upon the desirable precautions that are more likely to be taken to avoid such harm to the public when financial security is at risk in the event of harm to the public caused by clients/inmates of transitional criminal facilities. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, no person shall operate a daycare on property within the city.
B. Small daycare facilities, which are facilities that care for 25 or fewer individuals, are permitted in the RR, R-1, R-2, R-M, and C zoning districts after the issuance of an administrative permit. Small day care facilities are prohibited in the I and P districts.
C. Large daycare facilities, which are facilities that care for more than 25 individuals, are permitted in the C district after the issuance of an administrative permit and are permitted as a conditional use after the issuance of a conditional use permit in the RR and R-M districts. Large daycare facilities are prohibited in R-1, R-2, I, and P districts.
D. Large daycare facilities may be conditionally permitted in the RR and R-M districts; provided, that they meet all of the following criteria, as well as the general approval criteria for conditional uses in those districts:
1. Total lot area of 40,000 square feet or more;
2. Frontage and direct access onto a roadway with an arterial, major collector, minor collector, or commercial street classification as designated in the City of Wasilla Official Streets and Highway Plan;
3. The facility will not be constructed or operated on a lot that shares a lot line with a property zoned R-1 or R-2, except that this restriction does not include lots that only touch at a property corner;
4. Must provide screening that screens the facility from all lot lines by the facade of the structure or by six-foot-high screening between the outdoor area and all lot lines; and
5. Play areas must be adequately screened and buffered from adjacent residential property. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, no person shall keep farm animals on property within the city.
B. Farm animals are permitted with the issuance of an administrative permit in the RR district and as a conditional use after the issuance of a conditional use permit in the R-1, R-2, and I districts. Farm animals are prohibited in the R-M, C, and P districts.
C. Rural Residential District – Large Lots. In the RR district, lots with a minimum of two acres total lot area are permitted the following quantities of farm animals. Additional farm animals in the quantities indicated below may be allowed for each additional acre of lot area:
1. Two farm animals (e.g., cows, horses, pigs, and other similar size animals) with an adult weight typically equal to or greater than 250 pounds per animal; or
2. Ten farm animals (e.g., goats, sheep, and other similar size animals) with an adult weight typically less than 250 pounds per animal, but greater than 25 pounds per animal; and/or
3. Fifty farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) with an adult weight typically equal to or less than 25 pounds per animal.
D. Rural Residential District – Small Lots. In the RR district, lots with a minimum of 40,000 square feet of total lot area are permitted the following quantities of farm animals:
1. Two farm animals (e.g., cows, horses, pigs, and other similar size animals) with an adult weight typically equal to or greater than 250 pounds per animal; or
2. Five farm animals (e.g., goats, sheep, and other similar size animals) with an adult weight typically less than 250 pounds per animal, but greater than 25 pounds per animal; and/or
3. Twenty-five farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) with an adult weight typically equal to or less than 25 pounds per animal.
E. R-1 and R-2 Districts. In the R-1 and R-2 districts, lots with a minimum of 40,000 square feet total lot area are permitted the following quantities of farm animals. Additional farm animals in the quantities indicated below may be allowed for each additional 40,000 square feet of lot area:
1. One horse; or
2. Twenty-five farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) that have an adult weight equal to or less than 25 pounds per animal.
F. In addition to the farm animal(s) permitted above, additional juvenile farm animals may be approved as a temporary use for up to six months by the city planner; provided, that a determination is made that the additional animal(s) will not create a nuisance or disturb nearby property owners.
G. A suitable fence must be provided to safely contain the farm animal(s). All fenced areas, pens, enclosures, stables, shelters, food storage areas/structures, or other similar buildings or improvements for a farm animal must be a minimum of 25 feet from any exterior lot line. For lots with more than one dwelling on the same lot, the areas above must also be a minimum of 25 feet from all other dwellings on the lot except the dwelling of the farm animal owner.
H. All fenced areas, pens, enclosures, stables, shelters, or other similar buildings or uses for a farm animal must be a minimum of 100 feet from the high water mark of any water course or water body, excluding manmade ponds on private property.
I. All facilities shall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells, and substances to the greatest extent feasible. The facilities may not create a nuisance nor disturb neighboring residents due to excessive noise, odor, damage, or threats to public health. No storage of manure or other waste materials shall be permitted within 50 feet of any exterior lot line. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, no person shall keep, construct, or operate a helipad on property within the city.
B. Helipads are permitted in the I district and are permitted as a conditional use after the issuance of a conditional use permit in the C and P districts. Helipads are prohibited in all other districts.
C. A helipad that is not located at an airport or heliport will be allowed only for incidental emergency use as an accessory to a permitted principal use, such as a hospital or public facility, and may not be used for routine transportation, parking, maintenance, fueling, storage, or operations of a helicopter. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, no person shall operate a junkyard on property within the city.
B. Junkyards are permitted as a conditional use after the issuance of a conditional use permit in the I district and are prohibited in all other districts.
C. No junkyard shall be established or operated unless it is completely obscured from view of any traveled or public right-of-way or adjacent properties with a noncompatible use (i.e., residential, commercial). The planner or commission may require a continuous solid fence to prevent the unsightly display of the yard. The fencing provided shall be continuous and of sufficient height and density to provide visual screening required by this chapter on a year-round basis. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall engage in the construction or operation of a kennel or cattery on property within the city.
B. Kennels and/or catteries are permitted as a conditional use in the RR, R-2, and C districts and are prohibited in all other districts.
C. A site plan for a kennel or a cattery must be submitted with the conditional use permit application.
D. In addition to the other requirements imposed under this title, the kennel or cattery building, dog runs or other outside housing area for cats or dogs must be separated from any residential zoned lot line by a minimum of 50 feet. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall operate or construct an outdoor firing range on property within the city.
B. Outdoor firing ranges are permitted as a conditional use after the issuance of a conditional use permit in the I and P districts. Outdoor firing ranges are prohibited in all other districts.
C. An outdoor firing range shall comply with the following standards:
1. Minimum Lot Area. The lot on which an outdoor firing range is located shall have a minimum area of 20 acres.
2. Setbacks. The area that includes the location where firearms are discharged, the line of fire, and the backstop shall be set back at least 100 feet from:
a. Any lot boundary; and
b. Any structure intended for human occupancy, except for structures located behind the firing line.
3. Safety Features. An outdoor firing range shall incorporate appropriate measures for the safety of users and the general public, including without limitation a backstop behind each target area consisting of an earth mound or dugout of sufficient dimension to stop projectiles, and fencing or an equally effective method of preventing casual access into the line of fire. Notwithstanding the above, a firing range for the purpose of shooting trap or skeet shall not be required to provide a backstop.
4. Accessory Uses. An outdoor firing range may include accessory uses such as retail sales, snack shop, and short-term rental of firearms for use only on the premises. The sale of alcoholic beverages is prohibited. (Ord. 25-14(AM) § 2, 2025)
A. The keeping of poultry is permitted with an administrative permit in RR, R-1, and R-2 districts. The keeping of poultry is permitted as a conditional use after the issuance of a conditional use permit in the R-M, I, and C districts. The keeping of poultry is prohibited in the P district.
B. The keeping of poultry in all permitted districts is subject to the following standards:
1. Excessively noisy poultry including, but not limited to, roosters, turkeys, guinea fowl, peacocks, or geese are prohibited unless the total lot area is a minimum of 80,000 square feet and the animals, and supporting structures and pens, are a minimum of 100 feet from an adjoining lot; and
2. All poultry must be contained by a suitable structure, fenced enclosure, pen, and/or fenced area that safely contains the poultry at all times.
C. All structures, enclosures, and pens must meet the following dimensional standards:
1. Maximum height of structures, coops, enclosures, or runs is 15 feet in height;
2. All facilities shall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells, and substances to the greatest extent feasible. The facility may not create a nuisance or disturb neighboring residents due to excessive noise, odor, damage, or threats to public health;
3. Chicken coops or other shelters may not be located in a front yard or side yard that abuts a street in the R-1, R-2, and R-M zoning districts;
4. Free-ranging within fenced yards is only allowed under direct supervision by the poultry owner and with the consent of all tenants and/or property owners who have legal access to the premises; and
5. No storage of manure shall be permitted within 50 feet of the exterior lot line.
D. All structures, runs, and enclosures must be a minimum of 25 feet from residential dwellings on neighboring lots. For lots with more than one dwelling on the same lot, the structures, runs, and enclosures must also be a minimum of 25 feet from all other dwellings on the lot except the poultry owner’s dwelling.
E. On lots with a total area less than 40,000 square feet, the following additional standards apply:
1. Maximum of six poultry on lots up to 20,000 square feet, and a maximum of 12 poultry on lots greater than 20,000 square feet and less than 40,000 square feet. Poultry under the age of six months do count toward the maximum number of permitted poultry.
F. On lots with a total area of 40,000 square feet or greater, the following additional standards apply:
1. Maximum of 15 poultry on lots between 40,000 square feet but less than 50,000 square feet;
2. An additional three poultry are allowed for each additional full 10,000 square feet of lot area. No proration of the number of poultry is allowed for lots with less than an additional full 10,000 square feet of lot area; and
3. Poultry under the age of six months do not count toward the maximum number of poultry permitted above for lots greater than 80,000 square feet in area.
G. For lots less than 80,000 square feet, in addition to the maximum number of poultry allowed in subsection (E) of this section, an additional 24 poultry under the age of six months may be approved as a temporary use for up to six months by the city planner. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall engage in the commercial extraction of a resource on property within the city.
B. Resource extraction is permitted as a conditional use after the issuance of a conditional use permit in the RR, C, I, and P districts. It is prohibited in all other districts.
C. A conditional use permit application for commercial resource extraction on property within the city must be accompanied by an operation and reclamation plan that addresses the following concerns, ensures that the adverse impact of the operation is minimized, and the site will be left in a safe, stable, environmentally, and aesthetically acceptable condition:
1. Methods and process of reclamation including stockpiling of topsoil for reuse;
2. Initial site conditions including existing land use, vegetation, soils, geology, and hydrology;
3. Limits of operational areas;
4. Days and hours of operation;
5. Traffic patterns;
6. Fencing and screening;
7. Control of dust and noise;
8. Phasing of operations and reclamation steps;
9. Final condition of site, including:
a. Relation to adjoining land forms and drainage features;
b. Relation of reclaimed site to planned or established uses of the surrounding area; and
c. Demonstration that the final land form will have a viable land use compatible with land use trends in the surrounding area.
10. Methods to minimize potential conflict with existing uses that are significantly impacted by the development. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall engage in operating a short-term rental on property within the city.
B. Short-term rentals, including bed and breakfasts, are permitted after issuance of an administrative permit in RR, R-1, R-2, R-M, and C districts. Short-term rentals are prohibited in the P and I districts.
C. An application for a permit for all short-term rentals must provide the following additional information:
1. Owner/Applicant Information. The name, address, mailing address, email address, and telephone number of the applicant and owner of the short-term rental property. If the applicant or owner is a partnership, a corporation, or limited liability company, the application must list all of the owners, including all partners and members.
2. Local Contact Information. The name, telephone number, mailing address, and email address of the local contact. A local contact is a person or company who can be contacted concerning use of the property or complaints related to the short-term rental. For purposes of this requirement, “local” means the representative will be present within a one-hour travel time of the short-term rental, and available at all times the property is being rented to respond to complaints or other issues.
3. Insurance. Proof of either a rider on a homeowner’s policy or a commercial policy that expressly covers short-term rentals and provides a minimum of $1,000,000 liability and personal injury coverage per short-term rental unit. Insurance required above shall be without prejudice to coverage otherwise existing and shall name, as an additional party, the city, its officers, and employees, and shall provide that the policy shall not terminate or be cancelled prior to the completion of the short-term rental permit period without 45 days’ written notice to the city at the address shown in the short-term rental permit. A copy must be submitted with permit application and with subsequent renewal applications.
4. Occupancy. The number of bedrooms and the proposed maximum occupancy for the short-term rental (daytime and overnight).
5. Septic. Certification, dated within one year of submission of the application for the permit, from a state-licensed and certified septic inspector or inspection service, that each septic system located upon the site of the short-term rental is functioning properly and complies with all applicable city, borough, and state health and safety regulations and requirements.
6. Business License. Written confirmation from the planner that a complete application for a city business license for the short-term rental has been properly filed with the city.
D. All short-term rentals operating within the city must comply with the following:
1. Parking. The short-term rental must have a minimum of two on-site parking spaces for exclusive use of the renters while the dwelling is occupied by a renter. When the dwelling consists of more than four bedrooms, each additional bedroom or sleeping area beyond the first four requires one additional dedicated parking space. No portion of any such required parking stall shall be located within either a required front or street side yard setback area, except on a designated driveway or parking area. Grassed or landscaped areas of the yard may not be utilized for required parking spaces. All required parking spaces shall comply with the parking standards in this title, except for the minimum number of required parking spaces. On-street parking is prohibited for short-term rental units.
2. Occupancy. The maximum overnight occupancy of the short-term rental shall be limited to two persons per bedroom, plus two additional persons, up to a maximum of eight occupants.
3. Rental Period. A minimum of a one-night stay must be required of guests.
4. Signage.
a. Exterior. A sign must be posted on the property on which the short-term rental is located which contains the name and telephone number of the local contact and the short-term rental registration number. The local contact information must be posted in a clear and visible location that can be seen and read from the road abutting the front yard of the property. The required sign may be no larger than four square feet in area. Except as otherwise provided in this section, no other signage is permitted. No on-site exterior signage of any type may be posted to identify the property as a short-term rental or to solicit rental of such residence.
b. Interior. A sign with the following information must be posted conspicuously within the short-term rental:
i. The maximum number of occupants that are permitted, and notification that failure to comply with the maximum occupancy is a violation of the short-term rental permit;
ii. The number of parking spaces provided, the location of assigned parking, and the maximum number of vehicles that are permitted;
iii. The trash pickup day(s) and applicable regulations pertaining to leaving or storing trash on the exterior of the property;
iv. Notification that the occupant may be subject to citation and fines for violating applicable ordinances and laws;
v. The name and telephone number of the local contact;
vi. 9-1-1 emergency information, including the complete physical address of the short-term rental, must be posted in each sleeping area and must be in a font size 36 points or greater;
vii. Emergency exit information must be posted in each sleeping area and must be in a font size 36 points or greater; and
viii. Short-term rental identification number provided by the city.
5. Advertising. All advertising for the short-term rental must include the city-issued short-term rental identification number provided by the city.
6. Structural and Design Features.
a. House Numbers. The short-term rental must have a visible numerical address on the building and at end of driveway, with the number easily seen from the street during the day and night. The size and type of lettering must comply with all applicable local, borough, state, and federal regulations.
b. Each dwelling used as a short-term rental shall maintain an operational fire extinguisher, smoke alarms (one per bedroom plus one in each hallway), and carbon monoxide alarms (a minimum of one per floor).
c. Exit, egress, and an emergency evacuation map must be displayed in a prominent location in each room used for sleeping purposes.
d. Operable egress windows must be in each bedroom.
e. The owner is responsible for ensuring that the short-term rental permitted under this chapter complies with applicable local, borough, state, and federal regulations, including, but not limited to, building codes, business license, and private covenants and restrictions.
7. Contact Information. The owner shall maintain a valid 24-hour telephone number for the local contact of a short-term rental who will respond to all emergencies and problems that may arise during the rental period, whether from occupants, neighbors, or municipal authorities.
E. Short-term rentals must follow all permitting requirements for any accessory or ancillary use under this title, including the use of the property or building for events, meetings, or camping.
F. Administrative permits and conditional use permits issued for short-term rentals shall expire five years from the date of issuance. (Ord. 25-14(AM) § 2, 2025)
The following are the requirements governing density of residential developments, building height, setback for buildings from lot lines, and parking. In calculating the number of dwellings allowed on a lot or the number of parking, loading, or storage spaces required, decimal units shall be rounded up to next whole number if above 0.50 and down to previous whole number if below 0.50. (Ord. 25-14(AM) § 2, 2025)
A. The maximum density in the RR district is one single-family dwelling per 20,000 square feet or one duplex per 30,000 square feet.
B. The maximum dwellings in the R-1 district is one per lot.
C. The maximum dwellings in the R-2 district is one dwelling per 10,000 square feet.
D. There are no limits on the maximum number of dwellings in the R-M and C districts. (Ord. 25-14(AM) § 2, 2025)
A. Measuring Setbacks. Setbacks are measured from the outermost portion of the building to the nearest lot line or building, as appropriate.
B. Temporary Buildings. Temporary buildings may be permitted within the side or rear yard area subject to, and in compliance with, a temporary use permit.
C. Except as otherwise provided in this title, the following are the building setback and height standards:
1. Front and Rear Setbacks. Front and rear yard setbacks are 25 feet from the lot line. Front and rear setbacks may be modified upon written request by the owner in the C district by averaging the existing building line and applying this average setback to the building.
2. Side Yard Setbacks. In the RR, R-1, and R-2 districts, the side yard setback is 10 feet. In the R-M district, the side yard setback is five feet. There are no side yard setbacks in the C, I, and P districts.
3. Building Height. Building height is limited to 35 feet above the average finished grade of the lot in all zoning districts, but building height in the C and I zoning districts may be higher if the commission approves a greater height limit as a conditional use, and the Central Mat-Su Fire Department (CMSFD) fire marshal finds that the building complies with the requirements of the International Building Code and the International Fire Code adopted by the borough.
4. Waterfront Setbacks. Except as otherwise provided in this title or by law, no building or footing may be located closer than 75 feet from the high water mark of a water course or water body; provided, docks, piers, marinas, and boathouses may be located closer than 75 feet if they are located primarily over water, not used for habitation, and do not contain sanitary facilities. The city may require dedication of a maintenance easement of up to 15 feet from the high water mark or bank of a water body, whichever produces the greatest access.
D. Exceptions. Exceptions to this section are as follows:
1. For subdivisions recorded with plat notes or recorded conditions, covenants, and restrictions (CCRs) prior to 1986, a setback may be reduced to requirements specified in the applicable subdivision CCRs and/or plat notes.
2. Incidental architectural features such as window sills, cornices, and eaves may project not more than three feet into any required setback. This exception does not apply to cantilevered floors or other similar building extensions.
3. Any part of a structure that encroaches into a setback required under this title will be treated as a legal, nonconforming structure under WMC Chapter 16.85 if the following criteria are met:
a. The encroachment was constructed before March 24, 2003;
b. As of March 24, 2003, the encroachment complied with applicable plat notes of record; and
c. A certified combination dwelling inspector, building inspector, plans examiner, or licensed architect certifies in writing that the encroachment either complies with the requirements of the State of Alaska Fire and Life Safety Regulations (13 AAC 50 through 55) or, if the encroachment is part of a residential structure containing less than four dwellings, the encroachment complies with nationally recognized building code setback requirements.
E. Registration. The record owner of property that contains a nonconforming setback encroachment may register the encroachment under this subsection. The application shall be on a form provided by the city planner, and shall be accompanied by the required application fee and the following documentation:
1. An as-built survey of the property that is the subject of the application, prepared and stamped by a land surveyor registered in the state of Alaska, which shows the location and dimensions of all structures on the property at the date of application, and the distances between structures and between the structures and the lot lines of the property;
2. A statement under oath of the owner of the property or another person with the necessary personal knowledge, and supporting documentation, demonstrating that the encroachment as shown on the as-built survey was constructed before March 24, 2003;
3. A copy of each plat note that applies to the property; and
4. The certification described in subsection (D)(3) of this section.
Upon receiving a complete application under this subsection, the city planner shall register the encroachment if all the above conditions are met. A registration under this subsection shall describe the type and dimensions of the encroachment, and shall include a copy of the as-built survey that was submitted with the request for registration. A decision of the city planner under this subsection is subject to appeal to the planning commission as provided in WMC Chapter 16.115, Appeals to the Planning Commission. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, off-street parking facilities for residential and nonresidential uses are established as follows:
1. Residential. Off-street parking facilities for residential uses must be on the same lot with the building that they serve.
2. Nonresidential. Off-street parking facilities for nonresidential uses must be within 300 feet of the boundary of the property.
B. Exception. The city planner may permit the use of on-street parking or a portion to count toward the overall parking requirement for a development or temporary use at the following locations:
1. S. Boundary Street between E. Railroad Avenue and E. Park Avenue;
2. S. Denali Street;
3. E. Herning Avenue between N. Lucille Street and N. Main Street;
4. S. Iliamna Street between E. Park Avenue and E. Susitna Avenue;
5. S. Knik Street;
6. S. McKinley Street between E. Park Avenue and E. Susitna Avenue;
7. E. Swanson Avenue, east of Main Street;
8. S. Talkeetna Street;
9. S. Wasilla Street between E. Park Avenue and E. Susitna Avenue; and
10. W. Nelson Avenue between N. Weber Drive and Lucille Street.
C. Should an applicant for a permit rely on on-street parking, and the parking is subsequently removed, the city is not liable or responsible for the change in parking and the applicant shall defend and hold the city harmless for any resulting harm from the change. The on-street parking shall be common use parking and shall be parallel. On-street parking shall be created in either a public use easement or a designated right-of-way and will require an encroachment permit per WMC Chapter 12.16.
D. All parking, except that which serves residences, and those spaces as allowed under subsection (B) of this section, shall be arranged so that ingress and egress are possible without backing over a sidewalk area or onto a collector or larger street designation. Except where on-street parking is used, 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 requirements for off-street parking facilities are the sum of the requirements for the several uses computed separately. Changes of use with an increase in gross floor area must provide parking, loading, and storage area in compliance with this section. The parking, loading, and storage space requirements for any listed use or use not listed may be established under the provisions of an administrative or conditional use permit.
E. Minimum Standards. Parking required for a use must comply with the following requirements:
1. Encroachment. All parking spaces shall be located far enough within the lot to prevent any portion of a car from extending over an adjoining lot or over a public right-of-way or sidewalk, except where an encroachment permit has been obtained.
2. Paving. After a roadway is paved, the first 40 feet of the aisles and driveways adjacent to the roadway shall be paved or have concrete or another durable surface approved by the planner applied within 12 months of the date of pavement. The planner shall determine the date of pavement if there is a dispute regarding that date. Residential uses of less than five dwellings and temporary uses are not subject to this subsection.
3. Floodlights. Excluding temporary uses, one floodlight per 25 spaces is required to illuminate off-street parking spaces.
4. Mixed-Use Requirements. The parking requirement for mixed uses is the total sum of the requirement for spaces for the various uses computed separately unless a different number is approved via conditional use permit.
5. Handicapped Spaces. Handicapped spaces shall be 13 feet wide. (See Table of Parking Requirements set out in subsection (F) of this section.)
6. Shared Parking. 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 and a copy of the shared use agreement is filed with the planner.
7. Snow Storage. 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 unless otherwise approved by conditional use permit. 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.
b. A snow storage area of 25 square feet for each parking space shall be provided for any use except single-family and duplex. Snow storage areas must be designed to minimize drainage and runoff problems, and not overload or impair the city storm drainage system. Snow may not be pushed, placed or stored in a right-of-way or sight triangle. The required snow storage area may be reduced by the planner in consultation with the engineer.
8. Pick-Up Locations. Pick-up areas for taxis, buses, and other vehicles may be required for uses that customarily need such services, including auditoriums, theaters, and other places of public gathering.
9. Fencing. Fences and landscaping at the intersection of a parking lot driveway with a street shall not obscure a sight triangle.
F. The minimum number of off-street parking spaces required and their dimensions are set out in the following tables:
TABLE OF PARKING REQUIREMENTS
Uses | Minimum spaces required, including employee parking, where applicable (rounded to nearest whole number) |
|---|---|
Adult retirement housing | 2 spaces per dwelling |
Single-family duplex or multifamily uses | 2 spaces per dwelling |
Motels/hotels | 1 per guest room + a minimum of 3 additional |
Bed and breakfast | 1 per guest room |
Hospitals, group homes, and other health care facilities | 1 per 3 beds based on maximum capacity |
Churches, auditoriums, theaters, mortuary, dance floors, auction rooms, and similar places of assembly of concentrated use | 1 per 150 sq. ft. GFA or 1 per 4 seats, whichever is greater |
Warehouses, aircraft hangars, storage, and wholesale business | 1 per 1,000 sq. ft. GFA |
Self-storage and mini-warehouses | 1 per 25 storage units |
Industrial uses | 1 per employee |
Restaurants, bars, exhibit rooms, gymnasiums, conference rooms, and similar places of assembly of less concentrated use | 1 per 150 sq. ft. GFA or 1 for every 3 seats, whichever is greater |
Offices | 1 per 300 sq. ft. GFA |
Classrooms, school shops, and vocational rooms for tenth grade and above | 1 per 300 sq. ft. GFA or 1 per 4 seats, whichever is greater |
Classrooms and school shops and vocational rooms for ninth grade and below | 1 per 400 sq. ft. GFA or 1 per 5 seats, whichever is greater |
Commercial uses (other than shopping centers) | 1 per 300 sq. ft. GFA |
Shopping centers | 4 per 1,000 sq. ft. GLA up to 400,000 sq. ft. |
5 per 1,000 sq. ft. GLA from 400,001 to 600,000 sq. ft. | |
5 per 1,000 sq. ft. GLA over 600,000 sq. ft. | |
All others | 1 per 200 sq. ft. GFA or decision by commission |
Handicapped Parking
Total parking spaces in lot | Accessible spaces required |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
Each additional 100 spaces, or fraction thereof | 1 |
Table of Minimum Dimensions
Angle | 30 degrees | 45 degrees | 60 degrees | 90 degrees |
|---|---|---|---|---|
Aisle width | 11 feet | 13 feet | 18 feet | 25 feet |
Stall length | 18 feet | 20 feet | 21 feet | 20 feet |
Stall width | 10 feet | 10 feet | 10 feet | 10 feet |
(Ord. 25-14(AM) § 2, 2025)
The primary intent of this chapter is to regulate signs of a commercial nature intended to be viewed from any vehicular public right-of-way. The purpose of this chapter is to: coordinate the type, placement, and physical dimensions of signs within the different land use zoning districts; recognize the commercial communication requirements of all sectors of the community; encourage the innovative use of design; promote both renovation and property maintenance; allow for special circumstances; recognize traffic safety considerations; enhance the aesthetics of the community; and guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These purposes shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The use of signs is regulated according to each zoning district. The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. No sign shall be permitted except in accordance with the provisions of this chapter. (Ord. 25-14(AM) § 2, 2025)
This chapter shall not regulate: building design; official traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; window displays, product dispensers, and point of purchase displays; scoreboards on athletic fields; flags of any nation, government, or noncommercial organization, unless part of a sign; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display or construction not defined in this chapter as a sign. (Ord. 25-14(AM) § 2, 2025)
The following definitions pertain only to this chapter:
A-Frame Sign. See “Sandwich board/sidewalk sign” definition.
“Abandoned sign” means a sign whose message describes the availability of goods or services at a location where such goods and services are no longer available and have ceased to be available for a period of at least 60 days or, in the alternative, a sign that is noncommercial in nature and the content of the sign pertains to a time, event, or purpose that has elapsed or expired in the preceding 60 days. Such abandonment includes failure to maintain the sign or disrepair.
“Alteration of a sign” means the process of changing, modifying, reworking, revising, or remodeling a sign. This does not include maintenance of a sign or a change of the copy on a painted, printed, or changeable copy sign.
“Animated sign” means a sign that uses movement or change of lighting to depict action or to create a special effect or scene.
Area. See “Sign area” definition.
“Awning” means a shelter projecting from, and supported entirely by, the exterior wall of a building constructed of nonrigid materials on a supporting framework that may either be permanent or retractable.
“Awning sign” means a sign painted on, printed on, or attached flat against the surface of an awning.
“Backlit sign” means a sign using illuminated reverse channel letters with an open or translucent back so that light from the letter is directed against the surface behind the letter, producing a halo lighting effect around the letter. Also referred to as silhouette or halo lighting.
“Banner” means a temporary sign made of fabric or any nonrigid material with no enclosing framework, which is mounted to a pole or a building.
Billboard. See “Off-premises sign” definition.
“Building” means any roofed structure intended or used for the support, shelter, or enclosure of persons, animals, or property of any kind.
“Cabinet, sign” means a complete, fully enclosed unit or module of a sign.
“Canopy” means a shelter projecting from and supported entirely by the exterior wall of a building constructed of rigid materials or may be of nonrigid materials on a supporting framework that may either be permanent or retractable.
“Changeable copy sign (automatic)” means a sign, or portion thereof, on which the copy changes automatically on a lampbank or through electrical or electronic means (i.e., time and temperature units). This does not include electronic animation. See definition of “Copy.”
“Changeable copy sign (manual)” means a sign, or portion thereof, on which copy is changed manually in the field through placement of letters or symbols on a panel mounted in or on a track system (i.e., readerboards with changeable letters).
“Channel letter” means a fabricated or formed three-dimensional letter that may accommodate a light source.
“Clearance (of a sign)” means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
“Construction sign” means a temporary sign identifying the architect, engineer, contractor, subcontractor, financier, sponsor, and/or material supplier participating in construction of a residential or commercial development on the property on which the sign is located. The sign may also designate the future occupant or use of the development.
“Copy” means the words and/or message displayed on a sign surface in either permanent or removable letter form.
“Directional/information sign” means an on-premises sign giving directions, instruction, or facility information to pedestrian and vehicular traffic. It may contain the name or logo of an establishment but no advertising copy (i.e., parking, or exit and entrance signs).
“Double/multiple-faced sign” means a sign with two parallel faces.
“Electrical sign” means a sign or sign structure in which electrical wiring, connections, or fixtures are used.
Electronic Message Center. See “Changeable copy sign (automatic)” definition.
“Exterior illuminated sign” means a sign that is illuminated by a light source that is directed towards, and shines on, the face of a sign. Also called direct illumination.
“Facade” means the entire building front including the parapet.
Face. See “Sign face” definition.
“Flashing sign” means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention (generally with a constantly repeating message). This does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing or intermittent light.
“Freestanding sign” means a sign supported above the ground by visible poles or braces and not attached to any building.
“Frontage” means the length of the property line of any one premises along a public right-of-way on which it borders.
“Frontage, building” means the length of an outside building wall on a public right-of-way.
“Government sign” means any temporary or permanent sign erected and maintained by the city, borough, state, or federal government for traffic direction or for designation of, or direction to, any school, hospital, historical site, or public service, property, or facility.
“Ground sign” means a sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground, there is no visible support structure, and it is independent of any other structure.
Halo-Lit Sign. See “Backlit sign” definition.
“Height, sign” or the “height of a sign” means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the natural/unimproved surface grade beneath the sign, whichever is greater.
“Icon” means an image, symbol, or emblem.
“Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person, and/or to the activity or occupation being identified.
“Illegal sign” means a sign which does not meet the requirements of this chapter and that has not received legal nonconforming status.
“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
“Incidental sign” means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (i.e., a credit card sign or a sign indicating hours of business).
“Inflatable device” means a sign that is a cold air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure, and equipped with a portable blower motor that provides a constant flow of air into the device. These devices are restrained, attached, or held in place by a cord, rope, cable, weight, or similar method.
“Logo” means a design or symbol that represents a product, identity, or service.
“Lot” means a distinct parcel of land for ownership and tax purposes which is delineated and fixed on a plat filed for record.
“Maintenance” means, for the purposes of this chapter, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
“Marquee” means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building.
“Marquee sign” means any sign attached to, or supported by, a marquee structure.
“Message area” means the area within the sign panel describing the limits of the message.
“Name plate” means a nonelectric on-premises identification sign, giving only the name, address, and/or occupation of an occupant or group of occupants.
“Nonconforming sign” means a sign which was erected legally and is actively maintained but does not comply with subsequently enacted sign restrictions and regulations.
“Occupancy” means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
“Off-premises sign” means a sign structure advertising or directing attention to a specific business, establishment, product, service, commercial activity, or entertainment event or activity, that is not sold, produced, manufactured, furnished, or conducted at the property upon which said sign is located (i.e., billboards or outdoor advertising).
“On-premises sign” means a sign whose message and design relates to a business, profession, product, service, event, or other commercial activity sold, offered, or conducted on the same property where the sign is located.
“Owner” means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the city planner or designee (i.e., a sign leased from a sign company).
“Painted wall sign” means any sign that is applied with paint or similar substance on a building surface.
“Parapet” means the extension of a false front or wall above a roofline.
“Pennant” means a triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles, intended to flap in the wind.
“Permanent sign” means a sign attached to a building or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, that precludes ready removal or movement of the sign, and whose intended use appears to be indefinite.
“Planner” means the city planner or designee.
“Point of purchase display” means advertising of a retail item accompanying its display (i.e., an advertisement on a product dispenser).
“Pole cover” means an enclosure for concealing and/or decorating poles or other structural supports of a sign.
Pole Sign. See “Freestanding sign” definition.
“Political sign” means a temporary sign used in connection with a local, state, or national election or referendum.
“Portable sign” means any sign designed to be moved easily and not permanently affixed to the ground, a structure, or a building.
“Premises” means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
“Projecting sign” means a building-mounted sign with the sign face(s) projecting from, and perpendicular to, the building fascia. This does not include signs located on a canopy, awning, or marquee.
Pylon Sign. See “Freestanding sign” definition.
“Real estate sign” means a temporary sign advertising the real property upon which the sign is located as being for rent, lease, or sale that provides the name and contact information for the owner, or their licensee and their brokerage.
“Regulatory sign” means a sign having the primary purpose of conveying information concerning rules, ordinances, or laws.
“Right-of-way (ROW)” means the land on which a public thoroughfare is located and certain lands adjacent thereto.
“Roof sign” means a building-mounted sign erected upon, against, or extending either partially or completely over the roof of the building.
“Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, architectural pylons, chimneys, or minor projections.
“Rotating sign” means a sign where the sign itself, or any portion of the sign, moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
“Sandwich board/sidewalk sign” means a sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an “A.”
“Sight triangle” means a triangle at an intersection, formed by the two roads or rights-of-way and a third line, which must be kept clear of obstructions such as hedges so that people in vehicles on one road can see cars approaching on the other road. The sight triangle area at the intersection of two public streets is formed by measuring from the point of the intersection of the two rights-of-way a distance of 25 feet along the rights-of-way and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersections. The sight triangle area at the intersection of a public street and a private access way is formed by measuring from the point of the intersection of the right-of-way a distance of 25 feet along the right-of-way, and a distance of 15 feet along the private access way, and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street and private access way intersection.
“Sign” means any device, structure, fixture, painting, visual image, flashing light, strobe, or placard, regardless of whether it is standalone or fixed, using graphics, symbols, numbers, and/or written copy, designed specifically for the purpose of advertising, communicating, identifying, or attracting attention to any establishment, product, goods, or services.
“Sign area – Projecting and freestanding sign” means only the largest face of any double- or multi-faced sign is used when calculating the area of a freestanding sign or projecting sign. The area of a sign shall be measured as follows:
1. If the sign is composed of one or two individual cabinets, the area around and enclosing the perimeter of each cabinet or module shall be summed, and the area of each cabinet shall be added together to determine total area. The perimeter of measurable area does not include embellishments such as pole cover, framing, decorative roofing, etc.; provided, that there is not written advertising copy on such embellishments.
2. If the sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments are not included in the area of measurement; provided, that there is not written advertising copy on such embellishments.
“Sign area – Wall sign” means the area shall be within a single, continuous perimeter composed of any straight-line geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter and the total combined areas of the individual figures shall be considered the total sign area.
“Sign face” means the surface area of a sign on which the advertising copy or message is placed or displayed.
“Snipe sign” means a temporary sign or poster affixed to a tree, fence, etc. (erected for three days or less).
“Subdivision identification sign” means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
“Temporary sign” means a sign not constructed or intended for long-term use or permanent installation. Generally these signs are intended to be used for a limited period of time for purposes such as announcing special events or sales, announcing the sale or rental of property, supporting political positions, or presenting other miscellaneous or incidental information or instructions.
“Under-canopy sign” means a sign suspended beneath a canopy, ceiling, roof, or marquee.
“Use” means the purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
“Wall sign” means a building-mounted sign that is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface, and not projecting more than 18 inches from the wall surface.
“Window sign” means a sign that is painted on, attached to, or suspended directly behind a window for the purpose of being viewed from the outside. (Ord. 25-14(AM) § 2, 2025)
No person shall erect, place, or maintain a sign in the city except in accordance with the provisions of this chapter. (Ord. 25-14(AM) § 2, 2025)
The following types of signs are prohibited in all districts:
A. Abandoned signs;
B. Signs imitating or resembling official traffic or government signs or signals of emergency response vehicles;
C. Snipe signs or signs attached to trees, telephone or utility poles, public benches, or streetlights that are located within a public right-of-way;
D. Signs placed on vehicles or trailers that are parked or located for the primary purpose of displaying the sign. This does not apply to allowed portable signs or to signs or letters on buses, taxis or vehicles operating during the normal course of business;
E. Signs with flashing, intermittent, revolving, or blinking illumination, or an alternating light pattern or animated signs, other than electronic message centers, as permitted in this chapter. No sign regulated by this chapter may utilize:
1. An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion;
2. Any revolving beacon or flashing light; or
3. Signs using exposed incandescent light sources exceeding 60 watts per source.
F. Signs using reflectors, mirrors, or other devices intended to focus or direct illumination from the sign to any other place;
G. Wall signs exceeding a maximum height of 30 feet or the height of the roofline, whichever is less;
H. Off-premises signs;
I. Billboards;
J. Banners, except when approved for a special event or as a temporary sign;
K. Pennant signs with advertising copy or logos, except when approved for a special event or as a temporary sign;
L. Inflatable devices with or without copy or logos, except when approved for a special event or as a temporary sign;
M. Signs located within a sight triangle that are between three feet and nine feet in sign height, not including the support poles or signs that otherwise interfere with lines of sight or a sight triangle; and
N. Any sign not specifically permitted in this chapter. (Ord. 25-14(AM) § 2, 2025)
Unless otherwise provided by this title, all signs shall require a sign permit and payment of fees as described in this chapter. No permit is required for the maintenance of a sign or for a change of copy on painted, printed or changeable copy signs. (Ord. 25-14(AM) § 2, 2025)
The following types of signs are exempted from permit applications but must be in compliance with all other requirements of this chapter:
A. Construction signs with a sign area of 32 square feet or less and eight feet or less in height;
B. Directional/informational signs of eight square feet or less and three feet or less in height;
C. Temporary holiday or special events decorations;
D. Nameplates of 12 square feet or less;
E. Political signs;
F. Public signs or notices, or any sign relating to an emergency;
G. Real estate signs;
H. Window signs;
I. Incidental signs;
J. Point of purchase display signs;
K. Religious icons;
L. Wall signs; and
M. Yard sale signs. (Ord. 25-14(AM) § 2, 2025)
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The city planner or designee shall have the right to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated. (Ord. 25-14(AM) § 2, 2025)
Unless otherwise specified by this chapter, any sign permitted by this chapter may use manual or automatic changeable copy. (Ord. 25-14(AM) § 2, 2025)
A. The base of structural members supporting signs mounted on the ground must be set back at least three feet from any public right-of-way except that of the George Parks Highway. The base of structural members supporting signs mounted on the ground must be set back at least five feet from the right-of-way of the George Parks Highway.
B. No part of any sign shall encroach into a public right-of-way or the air space above such a right-of-way, nor shall any part of a sign obscure the line of sight within a sight triangle. (Ord. 25-14(AM) § 2, 2025)
The following signs are allowed in all zoning districts:
A. All signs allowed in WMC 16.70.035, Signs not requiring permits;
B. Construction Sign. One construction sign for each street frontage of a construction project, not to exceed 32 square feet in sign area and eight feet in height. Such signs may be erected 30 days prior to beginning of construction and must be removed 30 days following completion of construction;
C. Real Estate Sign. One nonilluminated real estate sign per lot or premises, not to exceed 32 square feet in sign area and eight feet in height. Such signs must be removed one week following sale, rental, or lease;
D. Nameplate. One attached nameplate per occupancy, not to exceed two square feet in sign area;
E. Directional Sign. One directional/informational sign per lot, not to exceed eight square feet in sign area and three feet in height above the prepared surface of the roadway adjacent to the directional sign. Where a lot in the C or I zoning district has in excess of 400 feet of street frontage, one additional directional sign will be allowed for each 100 feet of street frontage. Such signs must be located adjacent to permitted driveways;
F. Special Event Sign. Temporary special event signs and decorations may be allowed for special events, grand openings, or holidays. Such signs and decorations may be erected seven days prior to a special event or holiday, and must be removed seven days following the event or holiday. Grand opening signs may be used for no more than 14 days; and
G. Snipe Sign. Snipe signs are allowed on private property for three days or less. Signs must be dated and may not be larger than six square feet. (Ord. 25-14(AM) § 2, 2025)
The following signs are allowed in all residential zoning districts subject to the restrictions within this section:
A. Maximum Height. The maximum height is six feet for all allowed freestanding signs in this section;
B. All signs allowed in WMC 16.70.035,Signs not requiring permits, and 16.70.055, Signs permitted in all zoning districts;
C. Subdivision Sign. Two subdivision signs per neighborhood, subdivision or development not to exceed 32 square feet in sign area;
D. Identification Sign. One identification sign per apartment or condominium complex not to exceed six square feet in sign area;
E. Other Nonresidential Uses. A nonresidential use may have one freestanding sign, not to exceed 32 square feet in sign area, and one wall sign not to exceed six square feet in sign area. Nonresidential uses on lots abutting a collector or arterial roadway may have one freestanding sign not to exceed 50 square feet in sign area and/or 15 feet in height, and may install one wall sign not to exceed 24 square feet in sign area. (Ord. 25-14(AM) § 2, 2025)
The following signs are allowed in the C and I zoning districts:
A. All signs as allowed in WMC 16.70.035, Signs not requiring permits, and 16.70.055, Signs permitted in all zoning districts;
B. Freestanding Sign. One freestanding sign not exceeding one square foot in sign area for each linear foot of main street frontage up to a maximum of 150 square feet is allowed per premises. Such signs may not exceed a height of 30 feet. Where an occupancy is on a corner or has more than one street frontage, one additional freestanding sign will be allowed on the additional frontage, not to exceed the area and/or height of the other freestanding sign. Where a lot has in excess of 400 feet of street frontage, one additional freestanding sign will be allowed for each additional 100 feet of street frontage. Such signs shall be subject to the size and height limitations of the first allowed freestanding sign and may be placed no closer than 250 feet to any other freestanding sign on the same premises;
C. Under-Canopy Sign. One under-canopy sign not exceeding 50 square feet in sign area is allowed per occupancy;
D. Incidental Sign. One incidental sign not exceeding six square feet in aggregate sign area is allowed per occupancy;
E. Awning Sign. One awning sign, with text not exceeding 30 percent of the surface area of an awning, or one marquee sign, not to exceed one square foot in sign area for each linear foot of marquee front and side, is allowed per occupancy;
F. Portable Sign. One portable sign not exceeding 32 square feet in sign area or five feet in height is allowed per lot. Such signs may be displayed eight times per year for periods not to exceed two weeks;
G. Projecting Sign. A projecting sign may be used instead of a freestanding sign as long as it does not exceed a sign area of one square foot for each linear foot of an occupancy’s building frontage up to a maximum of 50 square feet. Signs may not project more than six feet from the building face and the lowest portion of the sign must be a minimum of eight feet from the sidewalk or pedestrian area;
H. Ground Sign. Two ground signs may be used instead of any one freestanding sign, not to exceed 50 square feet each and five feet in height;
I. Wall Sign. Any size and amount of wall signs;
J. A-Frame/Sandwich Board Signs. One A-frame/sandwich board sign is allowed per business; provided, that the size of the sign does not exceed three feet in width and four feet in height, the sign is only placed on the lot where the business occurs, is only in place during store hours, and is stored inside at all other times. (Ord. 25-14(AM) § 2, 2025)
Existing signs which do not comply to the specific provisions of this chapter may be eligible for the designation “legal nonconforming”; provided, that:
A. Such signs are properly maintained and do not in any way endanger the public; and
B. The sign was covered by a valid permit or variance, or complied with all applicable laws on or before August 12, 1996. (Ord. 25-14(AM) § 2, 2025)
A legal nonconforming sign will lose this designation if:
A. The sign is relocated or replaced; or
B. The structure or size of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of copy or normal maintenance. (Ord. 25-14(AM) § 2, 2025)
The legal nonconforming sign is subject to all requirements of this chapter regarding safety, maintenance, and repair. However, if the sign suffers more than 50 percent appraised damage or deterioration, it must be brought into compliance with this chapter or be removed. (Ord. 25-14(AM) § 2, 2025)
All electrical signs must be constructed and located in such a way as to meet federal, state, and city laws, statutes, and ordinances and to meet the requirements of the National Electrical Code. (Ord. 25-14(AM) § 2, 2025)
A. No sign shall be suspended by nonrigid attachments that allow the sign to swing or move due to wind.
B. All freestanding signs must have self-supporting structures erected on, or permanently attached to, concrete foundations or steel pilings.
C. All portable signs on display must be braced or secured to prevent motion. (Ord. 25-14(AM) § 2, 2025)
A. No sign shall be erected, constructed, or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress.
B. No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation, except that signs may be erected in front of, and may cover, transom windows when not in violation of building or mechanical codes.
C. Signs must be located in such a way as required to meet state and/or city safety standards. (Ord. 25-14(AM) § 2, 2025)
Application for a permit for the erection, alteration, or relocation of a sign shall be made to the city planner on a form provided by the city planner and must include the following information:
A. Name and address of the owner of the sign;
B. Street address or location of the property on which the sign is to be located, along with the name and address of the property owner;
C. The type of sign or sign structure as defined in this chapter;
D. A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises; and
E. Specifications and scale drawings showing plans, elevation, materials, design, dimensions, and structural supports. (Ord. 25-14(AM) § 2, 2025)
All applications for permits filed with the city planner or designee must be submitted to the city planner along with the appropriate fee. (Ord. 25-14(AM) § 2, 2025)
A. The city planner or designee shall issue a permit for the erection, alteration or relocation of a sign within five business days of receipt of a valid and complete application; provided, that the sign complies with all applicable laws and regulations of the city. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail.
B. When a permit is denied, a written notice shall be provided to the applicant along with a brief statement of the reasons for denial. The city planner or designee may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. (Ord. 25-14(AM) § 2, 2025)
A. Permit fees are nonrefundable.
B. A permit becomes null and void if work is not completed within one year of the date of issuance. (Ord. 25-14(AM) § 2, 2025)
The city planner or designee may cause the immediate removal of signs within the public right-of-way consistent with the regulations in WMC 12.16.040. Additionally, dangerous or defective signs that present a hazard to the public safety may be removed with notice to the owner. (Ord. 25-14(AM) § 2, 2025)
Variances to the setbacks, sign area, number of signs per parcel, or height of signs may be requested by a property owner, or authorized agent. The application process, notice requirements, and variance standards shall be the same as those for variances in WMC Chapter 16.110. In granting a sign variance, the planning commission may prescribe conditions and safeguards to ensure compliance with the purpose and intent of this chapter and consistency with the city comprehensive plan and any other applicable adopted city plans. (Ord. 25-14(AM) § 2, 2025)
[Reserved.] (Ord. 25-14(AM) § 2, 2025)
Contribution permits required under WMC Title 13 must be issued before the issuance of a land use permit. (Ord. 25-14(AM) § 2, 2025)
A. If a developer proposes the installation of a community water, sewer, or stormwater drainage system within 500 feet of an existing, adequate public water and sewer system, a city water, sewer, and stormwater drainage permit shall be required. This permit may be called a WSSD permit in this code. An application for a WSSD permit shall be subject to the procedures and criteria of a conditional use permit.
B. A WSSD permit shall be granted by the commission if it meets the requirements for a conditional use permit and this section and the system is found to be adequate by the public works director. The public works director will find a system to be adequate for purposes of this section if, in the judgment of the public works director, it is feasible for the developer to make improvements to the public system which will provide the increased capacity necessary to serve the existing users and the new development at the same level as is being provided to the existing users.
C. In addition to conditional use requirements, a developer may be required to do the following in order to obtain a community water, sewer or stormwater drainage permit under this section:
1. Construct a distribution system and the connection to the public system;
2. Increase the size of existing public water, sewer, or stormwater drainage lines;
3. Install a distribution system within the development; and/or
4. Increase the size of other parts of the system as required by the commission.
D. In addition to general requirements for conditional uses, an application for a conditional use for water, sewer, and stormwater drainage must include a plan approved by the public works director that shows how the system will meet water, sewer, and stormwater needs if within 10 years an increase in capacity will be required to serve other areas and identifies all oversized facilities.
E. When installation of oversized facilities is required, the developer shall install such facilities at their own expense.
F. Except as otherwise provided in this section, a developer installing oversized facilities approved by the city shall be reimbursed by the city for the difference in cost between the installed cost of the oversized utility lines and the installed cost of utility lines adequate to serve both the development concerned and all other land to be served by the lines which is owned or under the control of the developer. The public works director shall have sole discretion to determine this cost difference.
G. Notwithstanding subsection (F) of this section, the developer may not be reimbursed for increased installation costs under this section unless the funds for such reimbursement have been appropriated for that purpose by city council and the city has sufficient funds available to reimburse the developer. No reimbursement may be made unless the developer has entered into a written agreement with the city conveying all property to the city it deems necessary to ensure complete control by the city of its water lines, sewer, and stormwater drainage system, including lines, lift stations, valves, and any interest in real property.
H. The commission may condition a permit upon the construction or design of improvements to an existing public system by the city. If a permit is subject to design or construction of improvements by the city directly, the commission may require advance payment to the city of the estimated cost of work to be accomplished by the city. Any cost exceeding the estimated costs shall be paid by the developer and any reduction of costs falling below the estimate shall be refunded to the developer.
I. Before approval of a use for which a community water system is required, the developer must submit evidence showing that there is an available satisfactory source of water. A source of water is satisfactory only if it can be shown that:
1. The proposed source will produce water sufficient in quality and quantity to supply the development;
2. The water system and the connection between such distribution systems and the source are sized and constructed to meet fire flow and hydrant requirements for fire protection; and
3. The developer has obtained or can obtain a water appropriation permit or certificate for the water from the state.
J. A community water system must comply with city specifications identified by the public works director available from the public works director. (Ord. 25-14(AM) § 2, 2025)
The purpose of the landscaping standards in this chapter is to ensure that new landscaping and the retention of existing vegetation, where appropriate, is an integral part of all development. These standards are intended to:
A. Promote the environmental and community benefits of a healthy, diverse, and well-managed urban forest;
B. Visually enhance the community image through new landscaping improvements and/or retention of existing vegetation for industrial, commercial, community use, and multifamily residential development;
C. Provide flexible requirements that encourage and allow for creativity in landscape design;
D. Promote the use of existing vegetation and retention of trees, woodlands, habitat, and urban forest, where appropriate;
E. Encourage the use of native plants to improve plant establishment, survival, and vitality;
F. Soften the appearance and break up the visual impact of paved parking areas and surfaces;
G. Separate, screen, and buffer adjacent incompatible land uses through the use of landscape plantings, fencing, and other appropriate landscape architectural features;
H. Reduce noise, dust pollution, and glare;
I. Provide for erosion control, runoff reduction, and pollutant mitigation;
J. Preserve air and water quality;
K. Eliminate or reduce the need for irrigation by providing landscaping that is well-suited to the environment and climate; and
L. Ensure that landscaping design is consistent with accepted crime prevention through environmental design (CPTED) principles. (Ord. 25-14(AM) § 2, 2025)
Except as otherwise provided in this chapter, these landscaping standards apply to all property within the city. Every administrative permit and conditional use permit approved under this title shall be conditioned upon compliance with this chapter. (Ord. 25-14(AM) § 2, 2025)
The following uses are exempt from the landscaping requirements in this chapter:
A. Temporary uses approved by a temporary use permit;
B. Areas authorized by the city for public or private parks, playgrounds, playing fields, or golf courses that will be retained in pervious ground cover; and
C. Airport lease lots. (Ord. 25-14(AM) § 2, 2025)
A. Submittal. Except as otherwise provided in this chapter, landscape plans must be submitted to the city for commercial developments with a gross floor area of 5,000 square feet or more and multifamily residential developments with more than four dwellings per lot.
B. Single-family dwellings and duplexes must comply with the applicable provisions of this chapter but are not required to submit a landscaping plan unless required by the commission as a condition of a conditional use permit.
C. Plan Components. Where a landscape plan is required, the plan shall include the following:
1. Calculations, dimensions, notes, and details necessary to describe the landscape elements and their relation to the site boundary and site improvements;
2. The common and scientific name of each plant type or ground cover to be used;
3. The location, quantity, height, and caliper of each plant type;
4. The locations where different plant types will be used, including area and dimensions;
5. The locations, plant size, area, and type of vegetation to be preserved in its natural state to fulfill the requirements of this chapter;
6. The location, area, and type of native vegetation to be removed;
7. Location of any retaining walls and/or fences;
8. Location of existing or proposed utility elements such as easements, transformers, utility poles, overhead and underground utility lines, streetlights, and curb cuts;
9. Location of all lot lines, including all streets that border the lot;
10. Location of any existing or proposed structures, walkways, or parking areas;
11. North arrow, scale, and planting details; and
12. Areas of vegetation to be used for on-site retention/detention of stormwater and drainage features including swales, drainage basins, snow storage, storm drain inlets, bioswales, and other similar features, unless shown on civil drawings.
D. Landscape design must take into consideration existing trees and incorporate existing trees and vegetation where practical. (Ord. 25-14(AM) § 2, 2025)
A. Intent. This section is intended to ensure that new landscaping and the retention of existing vegetation is an integral part of all development. Landscaping required under this section is intended to enhance the community environment and visual character, reduce and treat runoff of stormwater, and to provide attractive and functional separation and screening between uses.
B. General Standards. The following general planting standards shall apply:
1. Hardiness. All trees, shrubs, or other vegetation in the required landscaping shall be of a stock rated as hardy for the climatic zone designated by the United States Department of Agriculture for the city of Wasilla. It is not the intent of this chapter to dictate the use of individual species; however, property owners are encouraged to understand the local climate and to use plant species known to be hardy. In all cases, the plant materials shall be living and free of defects and of normal health, height, and spread as defined by the American Standard for Nursery Stock, ANSI Z60.1, latest available edition, American Nursery and Landscape Association.
2. Caliper. All deciduous trees planted as required landscaping shall be a minimum one-and-one-half-inch caliper.
3. Natural Vegetation. The retention of naturally occurring native vegetation promotes a sustained presence of trees and woodlands for their benefits to property values, community character, wildlife habitat, and the natural environment of the city. Healthy native vegetation within the required landscape bed area may be used in place of any or all of the required landscaping. Natural vegetation shall be protected according to the procedures found in subsection (E) of this section entitled “Protection of Landscaping.” Credit shall not be given for trees that have been damaged during construction, that are not healthy, or where the root zone has been disturbed.
4. Tree Height Requirement. Trees shall be a minimum five feet in height at planting.
5. Grass Seeding. All grass seeding shall be of native grass stocks or lawn seed mix intended for the climatic zone in the city. Grass seeding shall occur between May 15 and September 1, unless the planner grants an exception to plant outside of this timing window.
6. Earthwork Erosion Protection. Upon completion of earthwork, all exposed slopes and all disturbed soils shall be protected against subsequent erosion by methods including, but not limited to, installation of ground cover, landscaping, and the maintenance of vegetative cover.
C. Maintenance. All landscaping required to meet the minimum standards of this section shall be continuously maintained to meet these standards. Plant materials shall be installed that are living, free of defects and of normal health, and shall be replaced if they perish due to poor maintenance, lack of hardiness, moose browsing, mechanical damage, or any other reason. Any required landscaping element that dies, is removed, or is seriously damaged shall be replaced with the same type and size as was shown on the approved site plan or, absent an approved site plan, is consistent with the current provisions of this chapter.
D. Stormwater. When stormwater pollution prevention plans are required for construction activities, a copy of the plan shall be made available to the planner.
E. Protection of Landscaping. All required landscaped areas shall be protected from potential damage by adjacent uses, such as parking and storage areas. Protection may be accomplished by providing adequate space between the vegetation and parked vehicles, or by providing concrete barrier curbs or an alternate barrier, at least six inches in height, capable of maintaining separation between vehicles and plantings. Landscaped areas shall be protected from impacts resulting from snow storage and removal operations. Where existing natural vegetation is used to meet the requirements of this section, plant materials shall be protected from construction activities in accordance with the following:
1. Construction Fence. A protective construction fence or barrier not less than four feet high shall be placed around each tree or group of trees to be retained at or beyond the drip line of the trees, but not less than 10 feet in diameter, whichever is greater. Fencing shall be placed prior to the commencement of site clearing and construction work and shall be maintained for the duration of the construction period.
2. All building material, dirt, excavation or fill materials, or other equipment or debris shall be kept outside of protective fences and barriers.
F. Clear-Cutting Prohibition. Native vegetation shall be preserved and there shall be no clear-cutting in any area of a lot that is within 75 feet of the mean high water mark of any water body, including a lake, stream, creek, or river. However, minimal areas may be cleared to allow access to docks, boathouses, and the water’s edge. (Ord. 25-14(AM) § 2, 2025)
A. Purpose. Parking lot landscaping softens the view and breaks up the visual impact of extensive paved surfaces, provides orientation to entrances, contributes to stormwater management, and mitigates wind and dust in large parking lots.
B. Applicability. Parking lot landscaping shall be provided and meet the general and specific standards in this section when:
1. A structure is erected with a parking lot of 40 or more spaces;
2. An existing structure is expanded by 10 percent or more of the building footprint and has or requires a parking lot with 40 or more spaces;
3. A property changes from one use category to another and has or requires a parking lot with 40 or more spaces; or
4. A standalone parking lot is constructed having 40 or more spaces without an accompanying new or expanded structure.
C. Parking lot landscaping beds are required for any parking lot with 40 or more parking spaces. The area of the parking lot shall be determined by the total paved area, including parking, circulation aisles, and appurtenant driveways.
D. An area equal to at least five percent of the parking lot shall be devoted to landscaping.
E. Areas eligible to be counted as parking lot landscaping shall be surrounded by a parking area and/or driveway on at least three sides, except that up to 50 percent of the total parking lot landscaping up to a maximum of 800 square feet may include landscaping areas with parking area and/or driveway on only two sides (such as corner areas of parking lots).
F. Required buffer landscaping shall not count toward parking lot landscaping requirements.
G. The minimum area for individual landscaping beds shall be eight by 20 feet. The minimum bed width shall be eight feet.
H. At least one tree per required landscaping bed and an additional tree for every additional 300 square feet of parking lot landscaping is required.
I. All areas within the planting beds shall be covered with ground cover.
J. Existing native trees and natural vegetation located within required parking lot landscape areas may be applied toward meeting parking lot landscaping requirements.
K. Up to 50 percent of the area required for parking lot landscaping may be provided by biofiltration swales or other green infrastructure methods designed to reduce on-site stormwater runoff. Biofiltration swales must be a minimum of eight feet in width and designed to promote biofiltration in order to qualify as and partially fulfill a portion of the parking lot interior landscaping required by this section. Individual planting beds that are designed to be used for biofiltration may substitute up to one-half of the required trees otherwise required to exist within the bed with site appropriate herbaceous plant material at a ratio of 15 plants per tree.
L. Landscaping plans for parking lots must include descriptions of snow removal and storage considerations, and the impact of snow removal and on-site storage on the landscaping plan and maintenance. (Ord. 25-14(AM) § 2, 2025)
A. Purpose. Buffer landscaping serves to separate, screen, and buffer adjacent land uses that may be different in their use and intensity and that may have a harmful impact on neighboring uses through the use of landscape plantings, fencing, and other appropriate features.
B. Applicability. Buffer landscaping shall be provided and meet the general and specific standards in this section whenever a structure is erected, an existing structure is expanded by 10 percent or more of the building footprint, or a property changes from one use category to another. At a minimum, buffer landscaping shall be provided to separate the following land uses:
1. Parking lots adjacent to the RR, R-1, R-2, and R-M districts;
2. Multifamily housing of four dwellings or more adjacent to R-1 and R-2 zoning districts;
3. Commercial and industrial uses adjacent to RR, R-1, R-2, and R-M districts; and
4. All outdoor storage facilities, kennels, catteries, and warehousing uses regardless of the neighboring land use or zoning district.
C. Minimum Standards. The following minimum standards shall apply to buffer landscaping when required under this section:
1. Landscaping Beds. Landscaping beds a minimum of 15 feet in width along property lines adjacent to the affected district are required, except that all property lines shall be buffered surrounding outdoor storage facilities, outdoor kennels or catteries, and warehouses. A six-foot-high, sight-obscuring, ornamental fence approved by the planner may be used in place of five feet of the required bed width and one row of the required trees. Fences may not be used along streets or street rights-of-way. The remaining 10 feet of landscaping bed shall be outside of the fencing.
2. Trees. Trees shall be planted at average intervals in the landscaping bed no greater than 20 feet on center. Trees shall be planted in a minimum of two equally staggered rows. The completed project as viewed from the adjoining property shall appear to have a tree planted every 10 feet. No more than 50 percent of planted trees may be deciduous. Within utility easements with overhead lines, trees may be substituted with an equal number of shrubs that are a minimum of six feet in height at the time of planting.
3. Shrubs. At least one shrub for every 50 square feet in the landscaping bed and a minimum 18 inches in height at planting shall be planted. Shrubs must be of a variety that grow to at least four feet in height at maturity.
D. Existing native trees and natural vegetation may be applied toward meeting buffer landscaping requirements, provided the intent of this section is satisfied. (Ord. 25-14(AM) § 2, 2025)
A. Purpose. Residential landscaping promotes the sustained presence of trees and woodlands in neighborhoods and residential areas, and provides benefits to property values, community character, water and air quality, wildlife habitat and the natural environment, and quality of life.
B. Applicability. Residential landscaping shall be provided and meet the general and specific standards in this section in the following instances:
1. All new single-family, two-family, and three-family residential developments within the city in any zoning district other than the C zoning district; and
2. Redevelopment of any residential property that results in the total destruction and reconstruction of a dwelling.
C. Minimum Standards. The following minimum standards shall apply to residential landscaping when required by this section:
1. Retention of Vegetation. No developer, owner, occupant, or other person shall remove vegetation from an undeveloped residentially zoned lot where such removal will result in the lot having less than the following percentage of contiguous, retained vegetation:
a. Lots less than 40,000 square feet: 15 percent of existing vegetation being retained per residential lot.
b. Lots equal to or greater than 40,000 square feet: 20 percent of existing vegetation being retained per residential lot.
2. Trees. For every 100 lineal feet of frontage along a right-of-way, or portion of the right-of-way, at least one tree meeting the general standards of this section must be retained or planted within the front yard. Corner lots require one additional tree be planted or retained in the side yard adjacent to the street right-of-way.
3. Ground Cover. All residential lots shall have established lawn, sod, or ground cover. (Ord. 25-14(AM) § 2, 2025)
A landscape plan showing the actual landscaping installed on the site must be submitted with an administrative permit or a conditional use permit. The planner may inspect the property to determine whether it complies with all applicable landscaping requirements for properties requiring a permit, and property subject to the requirements of this chapter but exempt from an administrative permit or a conditional use permit. (Ord. 25-14(AM) § 2, 2025)
A. It is the duty of the owner of the lot to continuously maintain all required landscaping. If any required landscaping dies, becomes substantially damaged or destroyed, it must be replanted in a similar manner within the same growing season that the damage or destruction occurs or no later than June 30 of the following year, whichever is earliest. When landscaping that is part of an approved landscaping plan is removed, disturbed or damaged, or is not maintained, in addition to any other remedy under this title, the city may require the lot owner to bring the landscaping on the lot into compliance with the current provisions of this chapter.
B. Lawn and landscaped areas shall be maintained according to standard practices, which include regular mowing, weeding, fertilizing, and watering.
C. All required screening/buffering must be maintained by the landowner proposing the more intensive use for the life of the use or until there is a change in use that does not require screening/buffering. (Ord. 25-14(AM) § 2, 2025)
A. The planning commission may waive or modify a requirement concerning the type, quantity, location, height of landscaping, planting bed widths, or other landscaping standards as provided in this chapter.
B. Preapplication Conference. The applicant shall schedule a preapplication conference with the city planner prior to submission of a waiver application. The purpose of the preapplication conference is to allow the applicant to explain the situation that gives rise to the need for a waiver. It also gives the city planner the opportunity to review the proposed waiver or modification and identify other options and to explain the waiver process.
C. Application and Landscape Plan. After the preapplication conference, the applicant shall submit an application for the waiver or modification to the city planner with the appropriate application fee. The application shall include a landscape plan depicting all information relevant to the requested waiver or modification. The city planner may require that the landscape plan be produced by a registered professional engineer, architect, landscape architect, or land surveyor.
D. Public Hearing. The planning commission shall hold a public hearing on the application. The notice, comment period, and hearing procedure shall be the same as provided for a conditional use permit.
E. Decision. The planning commission may approve an application only if the planning commission finds that the application meets all of the following standards:
1. The application shows that either:
a. Native vegetative features within, or adjacent to, the property, or the shape, topography, drainage or other physical features of the property, make compliance with the landscaping requirements of this chapter impracticable or contrary to the public interest; or
b. Compliance with the landscaping requirements of this chapter will have an adverse effect on other adjoining property;
2. The waiver or modification will not significantly affect adjacent property or water bodies; and
3. The waiver or modification is consistent with the purpose and intent of this chapter. (Ord. 25-14(AM) § 2, 2025)
A. All applicable landscaping standards of this chapter must be documented on city-approved development permits/plans. Failure to comply with such standards will subject the development to stop work orders, code enforcement citations, and/or financial penalties identified in this title. The lot owner and the contractor(s) performing the work on site are responsible for compliance with the provisions of this chapter. Failure of an agent and/or contractor to comply with this chapter will be deemed noncompliance by the owner and the contractor, and fines may be issued to the owner and/or the contractor(s) performing the unpermitted activity.
B. Penalties. The penalties for violations specified in this chapter shall be the responsibility of the owner and/or contractor. Each day that the violation continues shall constitute a separate offense. (Ord. 25-14(AM) § 2, 2025)
Nothing in this chapter may be understood to impose any liability for damages or a duty of care or maintenance upon the city or any of its employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or other plant on their property under their control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision along any street or public place. (Ord. 25-14(AM) § 2, 2025)
The following general provisions may apply to both existing and proposed uses. (Ord. 25-14(AM) § 2, 2025)
A. Purpose. There are lots, structures, and uses that were in existence and lawful prior to the adoption of the provisions of this title now in effect which would be prohibited or do not meet the requirements of this title. It is the intent of this chapter to set forth the rules for continuation of these nonconformities. Such uses are declared by this section to be incompatible with permitted uses in the zones involved. It is further the intent of this section that nonconformity shall not be enlarged upon, expanded, nor extended. There are three types of nonconforming status: nonconforming lots, nonconforming structures, and nonconforming uses of land and/or structures.
B. General Standards. The following general standards shall apply:
1. No Expansion, Extension, or Enlargement. Nonconforming uses, structures, or lots may continue, but may not be expanded, enlarged upon, or extended except as allowed by this section.
2. Expansion, Enlargement, or Extension as Conditional Use. Expansion, enlargement, or extension of a nonconforming use or structure that could be permitted as a conditional use shall be made only upon approval of a conditional use for such change.
3. Signs and Display Devices. Signs for a lawfully existing nonconforming use or structure may remain and be repaired, but replacement of the sign must comply with WMC Chapter 16.70, Signs, and further signs cannot be constructed or erected if it would enlarge, extend, or expand the nonconforming use or structure.
4. Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, roof repair or replacement, or plumbing, to an extent not exceeding 10 percent of the current replacement value of the building; provided, that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this chapter shall not be increased.
C. Standards for Nonconforming Uses. Nonconforming uses are subject to the following standards:
1. Except as otherwise provided in this subsection, nonconforming uses shall not be enlarged, increased, or extended to include more dwellings, nor extended to occupy a greater area of land or structures than was occupied at the effective date of this title, or when amended.
2. Should a nonconforming use be discontinued, destroyed, or abandoned for a period of one year, or be superseded by a conforming use, the structure or land shall not be used thereafter except in compliance with this title.
D. Standards for Nonconforming Structures. Nonconforming structures are subject to the following standards:
1. Except as otherwise provided in this title, no nonconforming structure may be enlarged or altered in any way which increases its nonconformity nor may it be remodeled or rebuilt so as to extend the useful life of the structure beyond that which existed at the time such remodel/rebuild was initiated.
2. Should a nonconforming structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in compliance with the provisions of this title. If, however, a nonconforming primary dwelling is destroyed to an extent of more than 50 percent of its replacement cost at time of destruction and the commission determines there is no way to rebuild the structure as a primary dwelling that complies with this title, a primary dwelling may be rebuilt so long as it is done with the same footprint as the primary dwelling that was destroyed. Any increase in height must comply with this title.
3. Should a nonconforming structure be moved for any reasons for any distance whatsoever, it shall thereafter comply to the provisions of the district in which it is located after it is moved.
4. Any nonconforming structure which is unused, abandoned, or vacant for a period of one year or more shall not thereafter be occupied except in compliance with the provisions of this title.
E. Nonconforming Lots. Where an existing lot of record has a lot width and/or area smaller than the minimum required in the district in which it is located, such lot may be used in compliance with all other provisions of this title. (Ord. 25-14(AM) § 2, 2025)
Use and Development Regulations
A. Except as otherwise provided in this section, no person shall engage in the construction or operation of a kennel or cattery on property within the city.
B. Kennels and/or catteries are permitted as a conditional use in the RR, R-2, and C districts and are prohibited in all other districts.
A legal nonconforming sign will lose this designation if:
A. The sign is relocated or replaced; or
The following chart summarizes the uses allowed and the standard of review for each use. In the commercial and industrial districts, more than one building housing a permissible principal use may be erected on a single lot; provided, that each building and use shall comply with all applicable requirements of this chapter and other borough, state, or federal regulations.
AP = Administrative permit
CUP = Conditional use
X = Excluded
Uses | DISTRICTS | ||||||
|---|---|---|---|---|---|---|---|
RR Rural | R-1 Single-Family | R-2 Residential | R-M Multifamily | C Commercial | I Industrial | P Public | |
Adult business | X | X | X | X | CUP | X | X |
Agriculture | AP | X | X | X | X | X | X |
Animal shelter | X | X | X | X | CUP | AP | AP |
Assisted living facility, transient small | CUP | X | AP | AP | CUP | X | X |
Assisted living facility, large | X | X | CUP | CUP | CUP | X | CUP |
Assisted living facility, long-term small | AP | AP | AP | AP | CUP | X | X |
Automotive sales | CUP | X | X | X | AP | AP | X |
Batch plant | X | X | X | X | CUP | AP | X |
Beehives | AP | AP | AP | CUP | CUP | CUP | X |
Campground | AP | X | X | X | AP | X | AP |
Cemetery | AP | X | X | X | AP | AP | AP |
Church | AP | X | AP | AP | AP | X | X |
Coalbed methane extraction | CUP | X | X | X | CUP | CUP | CUP |
Commercial 10,000 GFA or less | AP | X | X | CUP | AP | AP | AP |
Commercial more than 10,000 GFA | X | X | X | X | CUP | AP | X |
Wireless communication facilities | AP | AP | AP | AP | AP | AP | AP |
Convenience store | AP | X | CUP | X | AP | X | X |
Correctional facility | X | X | X | X | X | CUP | CUP |
Small daycare (with care for 25 or fewer children/adults) | AP | AP | AP | AP | AP | X | X |
Large daycare (with care for more than 25 children/adults) | CUP | X | X | CUP | AP | X | X |
Duplex | AP | X | AP | AP | CUP | X | X |
Exotic animals | X | X | X | X | X | X | X |
Farm animals | AP | CUP | CUP | X | X | CUP | X |
Firing range, outdoor | X | X | X | X | X | CUP | CUP |
Helipad | X | X | X | X | CUP | AP | CUP |
Heliport | X | X | X | X | CUP | AP | CUP |
Hotel/motel | X | X | X | X | AP | X | X |
Junkyard | X | X | X | X | X | CUP | X |
Kennel/cattery | CUP | X | CUP | X | CUP | X | X |
Mobile home or mobile home park | X | X | CUP | X | X | X | X |
Multifamily | X | X | CUP | AP | CUP | X | X |
Playfield | AP | AP | AP | AP | AP | X | AP |
Poultry | AP | AP | AP | CUP | CUP | CUP | X |
Public facility | CUP | CUP | CUP | CUP | CUP | AP | AP |
Resource extraction | CUP | X | X | X | CUP | CUP | CUP |
Short-term rentals, including bed and breakfasts | AP | AP | AP | AP | AP | X | X |
Single-family dwelling | AP | AP | AP | AP | CUP | X | AP |
Utility facility | AP | CUP | CUP | CUP | AP | AP | AP |
Waterfront use | AP | AP | AP | AP | CUP | CUP | CUP |
Wild animals | X | X | X | X | X | X | X |
Zoo | CUP | X | X | X | CUP | X | CUP |
(Ord. 25-14(AM) § 2, 2025)
Where a proposed use is not specifically identified by this chapter, or this chapter is unclear as to whether the use is allowed in a particular zone, the planner may find the use is similar to another use that is permitted, allowed conditionally or prohibited in the subject zone and apply this chapter accordingly. Use rulings that require discretion on the part of the planner shall be confirmed by the commission at its next regular meeting after providing lawful public notice. (Ord. 25-14(AM) § 2, 2025)
A. Intent. The intent of this section is to allow accessory uses and associated structures where a lot is devoted to a principal use except as specifically prohibited or limited by the standards in this section or elsewhere in this title.
B. General Standards. Each accessory use or accessory structure shall meet the following standards:
1. If the accessory structure is detached, it shall not exceed 24 feet in height in the RR, R-1, R-2 or R-M districts. In other zoning districts, detached accessory structures shall not exceed the height of the principal building to which it is accessory without first obtaining a conditional use permit;
2. Accessory uses and structures shall not be allowed on a lot before the principal use or structure is established on that lot unless approved by conditional use permit; and
3. Except as otherwise provided in this section, accessory uses and structures shall comply with all other provisions of this code, including dimensional and setback requirements.
C. Except as otherwise expressly provided in this title, accessory structures and uses meeting the above standards do not require an administrative permit.
D. Special Standards, Garden, Utility, or Storage Sheds. In the RR, R-1, and R-2 zoning districts, one freestanding utility, garden, or storage shed per lot may be allowed within the side yard or rear yard setback if the shed is easily removable, not fastened to the ground, or any other structure or post, and is less than 125 square feet, has no side longer than 12 feet in length, and is a maximum height of 12 feet at the highest point of the shed.
E. Procedures and standards for home occupations, a special classification of accessory uses, are found in WMC 16.60.020, Home occupation as an accessory use, and are not governed by this section.
F. It shall be unlawful to construct or maintain an accessory use and associated structure except in compliance with this title. (Ord. 25-14(AM) § 2, 2025)
A. A “home occupation” is the accessory use of a dwelling or an accessory structure for an occupation, profession, or other business activity which is clearly incidental and secondary to the use of the dwelling or accessory structure for residential purposes and which does not change the character of a residential zoning district, which includes the RR, R-1, R-2, and R-M zoning districts. Except as otherwise provided in this title, no person shall use property for a home occupation within the city.
B. Permitted Uses. Any business activity shall be permitted which is not expressly prohibited in this section, so long as it meets the standards in this section and is in the RR, R-1, R-2, R-M, I, or C zoning district. Home occupations are not permitted in the P district.
C. Prohibited Uses. The following uses shall be prohibited as home occupations:
1. Sale or rental of pornographic materials;
2. Motor vehicle services;
3. Automotive sales;
4. Boat repair, fabrication, and construction services;
5. Restaurants;
6. Heavy equipment storage or repair; and
7. Short-Term Rentals. Short-term rentals within an accessory structure or as an accessory use may be permitted in a specific district but shall be governed by provisions in this title specific to short-term rentals.
D. Except as provided in this section, home occupations are allowed in the RR, R-1, R-2, R-M, I, and C zoning districts without an administrative permit, provided they meet all of the following performance standards:
1. No more than one person, in addition to members of the household that reside on the premises, may engage in such occupation;
2. No more than one nameplate or one wall sign is displayed and that sign does not exceed four square feet in area;
3. The use of the dwelling or accessory buildings for the home occupation is clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 30 percent of the combined floor area of the dwelling and appurtenance is used in the conduct of the home occupation unless the commission approves a conditional use permit allowing the use of a greater percent of the combined floor area;
4. There is no significant change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign that complies with this section;
5. Sales and services are scheduled by appointment only so that no more than two patron vehicles are on the premises at a time and traffic is not generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood;
6. The home occupation does not include the use of equipment, procedures or operations that create noise, vibration, glare, fumes, odors, hazardous waste or electrical interference, detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling if conducted in a structure other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;
7. Except as approved via conditional use permit, only one home occupation is permitted per lot; and
8. No exterior operations, including display of merchandise and storage of goods, materials, or equipment. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall construct or operate an adult business on property within the city.
B. Except as otherwise provided in this section, adult businesses are permitted as a conditional use after the issuance of a conditional use permit in the C district. Adult businesses are prohibited in all other districts.
C. In addition to the approval criteria and requirements for a conditional use permit, an adult business will not be permitted in the C district if it is not separated from any residentially zoned (RR, R-1, R-2, R-M) lot line, public or private school, preschool, educational institution, church or other religious facility, public or private park, or youth-oriented facility or business by a buffer distance of at least 1,200 feet. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall keep or maintain beehives on property within the city.
B. Beehives and beekeeping are permitted with an administrative permit in the RR, R-1, and R-2 districts. Beehives and beekeeping are permitted as a conditional use after the issuance of a conditional use permit in the R-M, C, and I districts. Beehives and beekeeping are prohibited in the P district.
C. No person shall keep more than four hives on a lot of 10,000 square feet or smaller, nor shall any person keep more than one additional hive for each additional 2,400 square feet over 10,000 on lots larger than 10,000 square feet.
D. It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy conditions to humans or animals.
E. Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with adjacent property. To that end, colonies shall:
1. Be situated at least 25 feet from any lot line not in common ownership;
2. Be oriented with entrances facing away from adjacent property;
3. Be placed at least eight feet above ground level; and
4. Be placed behind a fence at least six feet in height and extending at least 10 feet beyond each hive in both directions.
F. The maximum height for a beehive at ground level is eight feet measured from the base of the beehive, inclusive of any temporary or permanent stand or foundation. Beehives are permitted on rooftops or elevated decks; provided, that the beehive does not exceed five feet in height above the surface of the rooftop or deck and the rooftop or deck is a minimum of eight feet above ground level.
G. All beekeeping shall comply with applicable laws, regulations, and registration requirements. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, a correctional facility may not be constructed or operated on property within the city.
B. Correctional facilities are permitted as a conditional use after the issuance of a conditional use permit in the I and P districts and are prohibited in all other districts.
C. Correctional facilities may be allowed if the following criteria are met:
1. The property is separated from any business licensed to serve alcoholic beverages or package store, public or private school, preschool, educational institution, church or other religious facility, or youth-oriented facility or business by a buffer distance of at least 1,200 feet;
2. The lot on which the facility is located may not border on a lot line of a residential zoning district, which includes the RR, R-1, R-2, and R-M districts;
3. Suitable buffering must be constructed and building(s) containing the principal use must be set back from any adjoining residential district lot line by a minimum of 50 feet;
4. Lighting must be provided at all developed pedestrian and vehicular access points. Additional lighting may be required by the commission through the conditional use permit process; and
5. The minimum lot area for use as a correctional facility is 40,000 square feet for up to 12 beds. Each additional 12 beds or less requires an additional 20,000 square feet of lot area.
D. Prior to initiation of operation of a transitional home or correctional facility, the developer shall post a bond in the amount of no less than $75,000 per client inmate bed that the facility is licensed to maintain.
1. The bond shall be payable upon the event of damage to property or injury to persons caused by or perpetrated by a client/inmate while a resident of the facility, and be written by a corporate surety of veritable financial accountability or other comparable form that assures the fiscal responsibility of the entity or person(s) underwriting the bond.
2. This bond requirement shall not apply to facilities owned and operated by the state of Alaska and/or a municipal subdivision of the state of Alaska.
3. The bond requirements set forth in this subsection (D) are based, in part, upon past incidents of harm to the general public involving injury to and criminal acts perpetrated upon residents of Southcentral Alaska by clients/inmates of transitional criminal facilities, and further based upon the desirable precautions that are more likely to be taken to avoid such harm to the public when financial security is at risk in the event of harm to the public caused by clients/inmates of transitional criminal facilities. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, no person shall operate a daycare on property within the city.
B. Small daycare facilities, which are facilities that care for 25 or fewer individuals, are permitted in the RR, R-1, R-2, R-M, and C zoning districts after the issuance of an administrative permit. Small day care facilities are prohibited in the I and P districts.
C. Large daycare facilities, which are facilities that care for more than 25 individuals, are permitted in the C district after the issuance of an administrative permit and are permitted as a conditional use after the issuance of a conditional use permit in the RR and R-M districts. Large daycare facilities are prohibited in R-1, R-2, I, and P districts.
D. Large daycare facilities may be conditionally permitted in the RR and R-M districts; provided, that they meet all of the following criteria, as well as the general approval criteria for conditional uses in those districts:
1. Total lot area of 40,000 square feet or more;
2. Frontage and direct access onto a roadway with an arterial, major collector, minor collector, or commercial street classification as designated in the City of Wasilla Official Streets and Highway Plan;
3. The facility will not be constructed or operated on a lot that shares a lot line with a property zoned R-1 or R-2, except that this restriction does not include lots that only touch at a property corner;
4. Must provide screening that screens the facility from all lot lines by the facade of the structure or by six-foot-high screening between the outdoor area and all lot lines; and
5. Play areas must be adequately screened and buffered from adjacent residential property. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, no person shall keep farm animals on property within the city.
B. Farm animals are permitted with the issuance of an administrative permit in the RR district and as a conditional use after the issuance of a conditional use permit in the R-1, R-2, and I districts. Farm animals are prohibited in the R-M, C, and P districts.
C. Rural Residential District – Large Lots. In the RR district, lots with a minimum of two acres total lot area are permitted the following quantities of farm animals. Additional farm animals in the quantities indicated below may be allowed for each additional acre of lot area:
1. Two farm animals (e.g., cows, horses, pigs, and other similar size animals) with an adult weight typically equal to or greater than 250 pounds per animal; or
2. Ten farm animals (e.g., goats, sheep, and other similar size animals) with an adult weight typically less than 250 pounds per animal, but greater than 25 pounds per animal; and/or
3. Fifty farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) with an adult weight typically equal to or less than 25 pounds per animal.
D. Rural Residential District – Small Lots. In the RR district, lots with a minimum of 40,000 square feet of total lot area are permitted the following quantities of farm animals:
1. Two farm animals (e.g., cows, horses, pigs, and other similar size animals) with an adult weight typically equal to or greater than 250 pounds per animal; or
2. Five farm animals (e.g., goats, sheep, and other similar size animals) with an adult weight typically less than 250 pounds per animal, but greater than 25 pounds per animal; and/or
3. Twenty-five farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) with an adult weight typically equal to or less than 25 pounds per animal.
E. R-1 and R-2 Districts. In the R-1 and R-2 districts, lots with a minimum of 40,000 square feet total lot area are permitted the following quantities of farm animals. Additional farm animals in the quantities indicated below may be allowed for each additional 40,000 square feet of lot area:
1. One horse; or
2. Twenty-five farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) that have an adult weight equal to or less than 25 pounds per animal.
F. In addition to the farm animal(s) permitted above, additional juvenile farm animals may be approved as a temporary use for up to six months by the city planner; provided, that a determination is made that the additional animal(s) will not create a nuisance or disturb nearby property owners.
G. A suitable fence must be provided to safely contain the farm animal(s). All fenced areas, pens, enclosures, stables, shelters, food storage areas/structures, or other similar buildings or improvements for a farm animal must be a minimum of 25 feet from any exterior lot line. For lots with more than one dwelling on the same lot, the areas above must also be a minimum of 25 feet from all other dwellings on the lot except the dwelling of the farm animal owner.
H. All fenced areas, pens, enclosures, stables, shelters, or other similar buildings or uses for a farm animal must be a minimum of 100 feet from the high water mark of any water course or water body, excluding manmade ponds on private property.
I. All facilities shall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells, and substances to the greatest extent feasible. The facilities may not create a nuisance nor disturb neighboring residents due to excessive noise, odor, damage, or threats to public health. No storage of manure or other waste materials shall be permitted within 50 feet of any exterior lot line. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, no person shall keep, construct, or operate a helipad on property within the city.
B. Helipads are permitted in the I district and are permitted as a conditional use after the issuance of a conditional use permit in the C and P districts. Helipads are prohibited in all other districts.
C. A helipad that is not located at an airport or heliport will be allowed only for incidental emergency use as an accessory to a permitted principal use, such as a hospital or public facility, and may not be used for routine transportation, parking, maintenance, fueling, storage, or operations of a helicopter. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this title, no person shall operate a junkyard on property within the city.
B. Junkyards are permitted as a conditional use after the issuance of a conditional use permit in the I district and are prohibited in all other districts.
C. No junkyard shall be established or operated unless it is completely obscured from view of any traveled or public right-of-way or adjacent properties with a noncompatible use (i.e., residential, commercial). The planner or commission may require a continuous solid fence to prevent the unsightly display of the yard. The fencing provided shall be continuous and of sufficient height and density to provide visual screening required by this chapter on a year-round basis. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall engage in the construction or operation of a kennel or cattery on property within the city.
B. Kennels and/or catteries are permitted as a conditional use in the RR, R-2, and C districts and are prohibited in all other districts.
C. A site plan for a kennel or a cattery must be submitted with the conditional use permit application.
D. In addition to the other requirements imposed under this title, the kennel or cattery building, dog runs or other outside housing area for cats or dogs must be separated from any residential zoned lot line by a minimum of 50 feet. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall operate or construct an outdoor firing range on property within the city.
B. Outdoor firing ranges are permitted as a conditional use after the issuance of a conditional use permit in the I and P districts. Outdoor firing ranges are prohibited in all other districts.
C. An outdoor firing range shall comply with the following standards:
1. Minimum Lot Area. The lot on which an outdoor firing range is located shall have a minimum area of 20 acres.
2. Setbacks. The area that includes the location where firearms are discharged, the line of fire, and the backstop shall be set back at least 100 feet from:
a. Any lot boundary; and
b. Any structure intended for human occupancy, except for structures located behind the firing line.
3. Safety Features. An outdoor firing range shall incorporate appropriate measures for the safety of users and the general public, including without limitation a backstop behind each target area consisting of an earth mound or dugout of sufficient dimension to stop projectiles, and fencing or an equally effective method of preventing casual access into the line of fire. Notwithstanding the above, a firing range for the purpose of shooting trap or skeet shall not be required to provide a backstop.
4. Accessory Uses. An outdoor firing range may include accessory uses such as retail sales, snack shop, and short-term rental of firearms for use only on the premises. The sale of alcoholic beverages is prohibited. (Ord. 25-14(AM) § 2, 2025)
A. The keeping of poultry is permitted with an administrative permit in RR, R-1, and R-2 districts. The keeping of poultry is permitted as a conditional use after the issuance of a conditional use permit in the R-M, I, and C districts. The keeping of poultry is prohibited in the P district.
B. The keeping of poultry in all permitted districts is subject to the following standards:
1. Excessively noisy poultry including, but not limited to, roosters, turkeys, guinea fowl, peacocks, or geese are prohibited unless the total lot area is a minimum of 80,000 square feet and the animals, and supporting structures and pens, are a minimum of 100 feet from an adjoining lot; and
2. All poultry must be contained by a suitable structure, fenced enclosure, pen, and/or fenced area that safely contains the poultry at all times.
C. All structures, enclosures, and pens must meet the following dimensional standards:
1. Maximum height of structures, coops, enclosures, or runs is 15 feet in height;
2. All facilities shall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells, and substances to the greatest extent feasible. The facility may not create a nuisance or disturb neighboring residents due to excessive noise, odor, damage, or threats to public health;
3. Chicken coops or other shelters may not be located in a front yard or side yard that abuts a street in the R-1, R-2, and R-M zoning districts;
4. Free-ranging within fenced yards is only allowed under direct supervision by the poultry owner and with the consent of all tenants and/or property owners who have legal access to the premises; and
5. No storage of manure shall be permitted within 50 feet of the exterior lot line.
D. All structures, runs, and enclosures must be a minimum of 25 feet from residential dwellings on neighboring lots. For lots with more than one dwelling on the same lot, the structures, runs, and enclosures must also be a minimum of 25 feet from all other dwellings on the lot except the poultry owner’s dwelling.
E. On lots with a total area less than 40,000 square feet, the following additional standards apply:
1. Maximum of six poultry on lots up to 20,000 square feet, and a maximum of 12 poultry on lots greater than 20,000 square feet and less than 40,000 square feet. Poultry under the age of six months do count toward the maximum number of permitted poultry.
F. On lots with a total area of 40,000 square feet or greater, the following additional standards apply:
1. Maximum of 15 poultry on lots between 40,000 square feet but less than 50,000 square feet;
2. An additional three poultry are allowed for each additional full 10,000 square feet of lot area. No proration of the number of poultry is allowed for lots with less than an additional full 10,000 square feet of lot area; and
3. Poultry under the age of six months do not count toward the maximum number of poultry permitted above for lots greater than 80,000 square feet in area.
G. For lots less than 80,000 square feet, in addition to the maximum number of poultry allowed in subsection (E) of this section, an additional 24 poultry under the age of six months may be approved as a temporary use for up to six months by the city planner. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall engage in the commercial extraction of a resource on property within the city.
B. Resource extraction is permitted as a conditional use after the issuance of a conditional use permit in the RR, C, I, and P districts. It is prohibited in all other districts.
C. A conditional use permit application for commercial resource extraction on property within the city must be accompanied by an operation and reclamation plan that addresses the following concerns, ensures that the adverse impact of the operation is minimized, and the site will be left in a safe, stable, environmentally, and aesthetically acceptable condition:
1. Methods and process of reclamation including stockpiling of topsoil for reuse;
2. Initial site conditions including existing land use, vegetation, soils, geology, and hydrology;
3. Limits of operational areas;
4. Days and hours of operation;
5. Traffic patterns;
6. Fencing and screening;
7. Control of dust and noise;
8. Phasing of operations and reclamation steps;
9. Final condition of site, including:
a. Relation to adjoining land forms and drainage features;
b. Relation of reclaimed site to planned or established uses of the surrounding area; and
c. Demonstration that the final land form will have a viable land use compatible with land use trends in the surrounding area.
10. Methods to minimize potential conflict with existing uses that are significantly impacted by the development. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, no person shall engage in operating a short-term rental on property within the city.
B. Short-term rentals, including bed and breakfasts, are permitted after issuance of an administrative permit in RR, R-1, R-2, R-M, and C districts. Short-term rentals are prohibited in the P and I districts.
C. An application for a permit for all short-term rentals must provide the following additional information:
1. Owner/Applicant Information. The name, address, mailing address, email address, and telephone number of the applicant and owner of the short-term rental property. If the applicant or owner is a partnership, a corporation, or limited liability company, the application must list all of the owners, including all partners and members.
2. Local Contact Information. The name, telephone number, mailing address, and email address of the local contact. A local contact is a person or company who can be contacted concerning use of the property or complaints related to the short-term rental. For purposes of this requirement, “local” means the representative will be present within a one-hour travel time of the short-term rental, and available at all times the property is being rented to respond to complaints or other issues.
3. Insurance. Proof of either a rider on a homeowner’s policy or a commercial policy that expressly covers short-term rentals and provides a minimum of $1,000,000 liability and personal injury coverage per short-term rental unit. Insurance required above shall be without prejudice to coverage otherwise existing and shall name, as an additional party, the city, its officers, and employees, and shall provide that the policy shall not terminate or be cancelled prior to the completion of the short-term rental permit period without 45 days’ written notice to the city at the address shown in the short-term rental permit. A copy must be submitted with permit application and with subsequent renewal applications.
4. Occupancy. The number of bedrooms and the proposed maximum occupancy for the short-term rental (daytime and overnight).
5. Septic. Certification, dated within one year of submission of the application for the permit, from a state-licensed and certified septic inspector or inspection service, that each septic system located upon the site of the short-term rental is functioning properly and complies with all applicable city, borough, and state health and safety regulations and requirements.
6. Business License. Written confirmation from the planner that a complete application for a city business license for the short-term rental has been properly filed with the city.
D. All short-term rentals operating within the city must comply with the following:
1. Parking. The short-term rental must have a minimum of two on-site parking spaces for exclusive use of the renters while the dwelling is occupied by a renter. When the dwelling consists of more than four bedrooms, each additional bedroom or sleeping area beyond the first four requires one additional dedicated parking space. No portion of any such required parking stall shall be located within either a required front or street side yard setback area, except on a designated driveway or parking area. Grassed or landscaped areas of the yard may not be utilized for required parking spaces. All required parking spaces shall comply with the parking standards in this title, except for the minimum number of required parking spaces. On-street parking is prohibited for short-term rental units.
2. Occupancy. The maximum overnight occupancy of the short-term rental shall be limited to two persons per bedroom, plus two additional persons, up to a maximum of eight occupants.
3. Rental Period. A minimum of a one-night stay must be required of guests.
4. Signage.
a. Exterior. A sign must be posted on the property on which the short-term rental is located which contains the name and telephone number of the local contact and the short-term rental registration number. The local contact information must be posted in a clear and visible location that can be seen and read from the road abutting the front yard of the property. The required sign may be no larger than four square feet in area. Except as otherwise provided in this section, no other signage is permitted. No on-site exterior signage of any type may be posted to identify the property as a short-term rental or to solicit rental of such residence.
b. Interior. A sign with the following information must be posted conspicuously within the short-term rental:
i. The maximum number of occupants that are permitted, and notification that failure to comply with the maximum occupancy is a violation of the short-term rental permit;
ii. The number of parking spaces provided, the location of assigned parking, and the maximum number of vehicles that are permitted;
iii. The trash pickup day(s) and applicable regulations pertaining to leaving or storing trash on the exterior of the property;
iv. Notification that the occupant may be subject to citation and fines for violating applicable ordinances and laws;
v. The name and telephone number of the local contact;
vi. 9-1-1 emergency information, including the complete physical address of the short-term rental, must be posted in each sleeping area and must be in a font size 36 points or greater;
vii. Emergency exit information must be posted in each sleeping area and must be in a font size 36 points or greater; and
viii. Short-term rental identification number provided by the city.
5. Advertising. All advertising for the short-term rental must include the city-issued short-term rental identification number provided by the city.
6. Structural and Design Features.
a. House Numbers. The short-term rental must have a visible numerical address on the building and at end of driveway, with the number easily seen from the street during the day and night. The size and type of lettering must comply with all applicable local, borough, state, and federal regulations.
b. Each dwelling used as a short-term rental shall maintain an operational fire extinguisher, smoke alarms (one per bedroom plus one in each hallway), and carbon monoxide alarms (a minimum of one per floor).
c. Exit, egress, and an emergency evacuation map must be displayed in a prominent location in each room used for sleeping purposes.
d. Operable egress windows must be in each bedroom.
e. The owner is responsible for ensuring that the short-term rental permitted under this chapter complies with applicable local, borough, state, and federal regulations, including, but not limited to, building codes, business license, and private covenants and restrictions.
7. Contact Information. The owner shall maintain a valid 24-hour telephone number for the local contact of a short-term rental who will respond to all emergencies and problems that may arise during the rental period, whether from occupants, neighbors, or municipal authorities.
E. Short-term rentals must follow all permitting requirements for any accessory or ancillary use under this title, including the use of the property or building for events, meetings, or camping.
F. Administrative permits and conditional use permits issued for short-term rentals shall expire five years from the date of issuance. (Ord. 25-14(AM) § 2, 2025)
The following are the requirements governing density of residential developments, building height, setback for buildings from lot lines, and parking. In calculating the number of dwellings allowed on a lot or the number of parking, loading, or storage spaces required, decimal units shall be rounded up to next whole number if above 0.50 and down to previous whole number if below 0.50. (Ord. 25-14(AM) § 2, 2025)
A. The maximum density in the RR district is one single-family dwelling per 20,000 square feet or one duplex per 30,000 square feet.
B. The maximum dwellings in the R-1 district is one per lot.
C. The maximum dwellings in the R-2 district is one dwelling per 10,000 square feet.
D. There are no limits on the maximum number of dwellings in the R-M and C districts. (Ord. 25-14(AM) § 2, 2025)
A. Measuring Setbacks. Setbacks are measured from the outermost portion of the building to the nearest lot line or building, as appropriate.
B. Temporary Buildings. Temporary buildings may be permitted within the side or rear yard area subject to, and in compliance with, a temporary use permit.
C. Except as otherwise provided in this title, the following are the building setback and height standards:
1. Front and Rear Setbacks. Front and rear yard setbacks are 25 feet from the lot line. Front and rear setbacks may be modified upon written request by the owner in the C district by averaging the existing building line and applying this average setback to the building.
2. Side Yard Setbacks. In the RR, R-1, and R-2 districts, the side yard setback is 10 feet. In the R-M district, the side yard setback is five feet. There are no side yard setbacks in the C, I, and P districts.
3. Building Height. Building height is limited to 35 feet above the average finished grade of the lot in all zoning districts, but building height in the C and I zoning districts may be higher if the commission approves a greater height limit as a conditional use, and the Central Mat-Su Fire Department (CMSFD) fire marshal finds that the building complies with the requirements of the International Building Code and the International Fire Code adopted by the borough.
4. Waterfront Setbacks. Except as otherwise provided in this title or by law, no building or footing may be located closer than 75 feet from the high water mark of a water course or water body; provided, docks, piers, marinas, and boathouses may be located closer than 75 feet if they are located primarily over water, not used for habitation, and do not contain sanitary facilities. The city may require dedication of a maintenance easement of up to 15 feet from the high water mark or bank of a water body, whichever produces the greatest access.
D. Exceptions. Exceptions to this section are as follows:
1. For subdivisions recorded with plat notes or recorded conditions, covenants, and restrictions (CCRs) prior to 1986, a setback may be reduced to requirements specified in the applicable subdivision CCRs and/or plat notes.
2. Incidental architectural features such as window sills, cornices, and eaves may project not more than three feet into any required setback. This exception does not apply to cantilevered floors or other similar building extensions.
3. Any part of a structure that encroaches into a setback required under this title will be treated as a legal, nonconforming structure under WMC Chapter 16.85 if the following criteria are met:
a. The encroachment was constructed before March 24, 2003;
b. As of March 24, 2003, the encroachment complied with applicable plat notes of record; and
c. A certified combination dwelling inspector, building inspector, plans examiner, or licensed architect certifies in writing that the encroachment either complies with the requirements of the State of Alaska Fire and Life Safety Regulations (13 AAC 50 through 55) or, if the encroachment is part of a residential structure containing less than four dwellings, the encroachment complies with nationally recognized building code setback requirements.
E. Registration. The record owner of property that contains a nonconforming setback encroachment may register the encroachment under this subsection. The application shall be on a form provided by the city planner, and shall be accompanied by the required application fee and the following documentation:
1. An as-built survey of the property that is the subject of the application, prepared and stamped by a land surveyor registered in the state of Alaska, which shows the location and dimensions of all structures on the property at the date of application, and the distances between structures and between the structures and the lot lines of the property;
2. A statement under oath of the owner of the property or another person with the necessary personal knowledge, and supporting documentation, demonstrating that the encroachment as shown on the as-built survey was constructed before March 24, 2003;
3. A copy of each plat note that applies to the property; and
4. The certification described in subsection (D)(3) of this section.
Upon receiving a complete application under this subsection, the city planner shall register the encroachment if all the above conditions are met. A registration under this subsection shall describe the type and dimensions of the encroachment, and shall include a copy of the as-built survey that was submitted with the request for registration. A decision of the city planner under this subsection is subject to appeal to the planning commission as provided in WMC Chapter 16.115, Appeals to the Planning Commission. (Ord. 25-14(AM) § 2, 2025)
A. Except as otherwise provided in this section, off-street parking facilities for residential and nonresidential uses are established as follows:
1. Residential. Off-street parking facilities for residential uses must be on the same lot with the building that they serve.
2. Nonresidential. Off-street parking facilities for nonresidential uses must be within 300 feet of the boundary of the property.
B. Exception. The city planner may permit the use of on-street parking or a portion to count toward the overall parking requirement for a development or temporary use at the following locations:
1. S. Boundary Street between E. Railroad Avenue and E. Park Avenue;
2. S. Denali Street;
3. E. Herning Avenue between N. Lucille Street and N. Main Street;
4. S. Iliamna Street between E. Park Avenue and E. Susitna Avenue;
5. S. Knik Street;
6. S. McKinley Street between E. Park Avenue and E. Susitna Avenue;
7. E. Swanson Avenue, east of Main Street;
8. S. Talkeetna Street;
9. S. Wasilla Street between E. Park Avenue and E. Susitna Avenue; and
10. W. Nelson Avenue between N. Weber Drive and Lucille Street.
C. Should an applicant for a permit rely on on-street parking, and the parking is subsequently removed, the city is not liable or responsible for the change in parking and the applicant shall defend and hold the city harmless for any resulting harm from the change. The on-street parking shall be common use parking and shall be parallel. On-street parking shall be created in either a public use easement or a designated right-of-way and will require an encroachment permit per WMC Chapter 12.16.
D. All parking, except that which serves residences, and those spaces as allowed under subsection (B) of this section, shall be arranged so that ingress and egress are possible without backing over a sidewalk area or onto a collector or larger street designation. Except where on-street parking is used, 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 requirements for off-street parking facilities are the sum of the requirements for the several uses computed separately. Changes of use with an increase in gross floor area must provide parking, loading, and storage area in compliance with this section. The parking, loading, and storage space requirements for any listed use or use not listed may be established under the provisions of an administrative or conditional use permit.
E. Minimum Standards. Parking required for a use must comply with the following requirements:
1. Encroachment. All parking spaces shall be located far enough within the lot to prevent any portion of a car from extending over an adjoining lot or over a public right-of-way or sidewalk, except where an encroachment permit has been obtained.
2. Paving. After a roadway is paved, the first 40 feet of the aisles and driveways adjacent to the roadway shall be paved or have concrete or another durable surface approved by the planner applied within 12 months of the date of pavement. The planner shall determine the date of pavement if there is a dispute regarding that date. Residential uses of less than five dwellings and temporary uses are not subject to this subsection.
3. Floodlights. Excluding temporary uses, one floodlight per 25 spaces is required to illuminate off-street parking spaces.
4. Mixed-Use Requirements. The parking requirement for mixed uses is the total sum of the requirement for spaces for the various uses computed separately unless a different number is approved via conditional use permit.
5. Handicapped Spaces. Handicapped spaces shall be 13 feet wide. (See Table of Parking Requirements set out in subsection (F) of this section.)
6. Shared Parking. 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 and a copy of the shared use agreement is filed with the planner.
7. Snow Storage. 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 unless otherwise approved by conditional use permit. 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.
b. A snow storage area of 25 square feet for each parking space shall be provided for any use except single-family and duplex. Snow storage areas must be designed to minimize drainage and runoff problems, and not overload or impair the city storm drainage system. Snow may not be pushed, placed or stored in a right-of-way or sight triangle. The required snow storage area may be reduced by the planner in consultation with the engineer.
8. Pick-Up Locations. Pick-up areas for taxis, buses, and other vehicles may be required for uses that customarily need such services, including auditoriums, theaters, and other places of public gathering.
9. Fencing. Fences and landscaping at the intersection of a parking lot driveway with a street shall not obscure a sight triangle.
F. The minimum number of off-street parking spaces required and their dimensions are set out in the following tables:
TABLE OF PARKING REQUIREMENTS
Uses | Minimum spaces required, including employee parking, where applicable (rounded to nearest whole number) |
|---|---|
Adult retirement housing | 2 spaces per dwelling |
Single-family duplex or multifamily uses | 2 spaces per dwelling |
Motels/hotels | 1 per guest room + a minimum of 3 additional |
Bed and breakfast | 1 per guest room |
Hospitals, group homes, and other health care facilities | 1 per 3 beds based on maximum capacity |
Churches, auditoriums, theaters, mortuary, dance floors, auction rooms, and similar places of assembly of concentrated use | 1 per 150 sq. ft. GFA or 1 per 4 seats, whichever is greater |
Warehouses, aircraft hangars, storage, and wholesale business | 1 per 1,000 sq. ft. GFA |
Self-storage and mini-warehouses | 1 per 25 storage units |
Industrial uses | 1 per employee |
Restaurants, bars, exhibit rooms, gymnasiums, conference rooms, and similar places of assembly of less concentrated use | 1 per 150 sq. ft. GFA or 1 for every 3 seats, whichever is greater |
Offices | 1 per 300 sq. ft. GFA |
Classrooms, school shops, and vocational rooms for tenth grade and above | 1 per 300 sq. ft. GFA or 1 per 4 seats, whichever is greater |
Classrooms and school shops and vocational rooms for ninth grade and below | 1 per 400 sq. ft. GFA or 1 per 5 seats, whichever is greater |
Commercial uses (other than shopping centers) | 1 per 300 sq. ft. GFA |
Shopping centers | 4 per 1,000 sq. ft. GLA up to 400,000 sq. ft. |
5 per 1,000 sq. ft. GLA from 400,001 to 600,000 sq. ft. | |
5 per 1,000 sq. ft. GLA over 600,000 sq. ft. | |
All others | 1 per 200 sq. ft. GFA or decision by commission |
Handicapped Parking
Total parking spaces in lot | Accessible spaces required |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
Each additional 100 spaces, or fraction thereof | 1 |
Table of Minimum Dimensions
Angle | 30 degrees | 45 degrees | 60 degrees | 90 degrees |
|---|---|---|---|---|
Aisle width | 11 feet | 13 feet | 18 feet | 25 feet |
Stall length | 18 feet | 20 feet | 21 feet | 20 feet |
Stall width | 10 feet | 10 feet | 10 feet | 10 feet |
(Ord. 25-14(AM) § 2, 2025)
The primary intent of this chapter is to regulate signs of a commercial nature intended to be viewed from any vehicular public right-of-way. The purpose of this chapter is to: coordinate the type, placement, and physical dimensions of signs within the different land use zoning districts; recognize the commercial communication requirements of all sectors of the community; encourage the innovative use of design; promote both renovation and property maintenance; allow for special circumstances; recognize traffic safety considerations; enhance the aesthetics of the community; and guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These purposes shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The use of signs is regulated according to each zoning district. The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. No sign shall be permitted except in accordance with the provisions of this chapter. (Ord. 25-14(AM) § 2, 2025)
This chapter shall not regulate: building design; official traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; window displays, product dispensers, and point of purchase displays; scoreboards on athletic fields; flags of any nation, government, or noncommercial organization, unless part of a sign; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display or construction not defined in this chapter as a sign. (Ord. 25-14(AM) § 2, 2025)
The following definitions pertain only to this chapter:
A-Frame Sign. See “Sandwich board/sidewalk sign” definition.
“Abandoned sign” means a sign whose message describes the availability of goods or services at a location where such goods and services are no longer available and have ceased to be available for a period of at least 60 days or, in the alternative, a sign that is noncommercial in nature and the content of the sign pertains to a time, event, or purpose that has elapsed or expired in the preceding 60 days. Such abandonment includes failure to maintain the sign or disrepair.
“Alteration of a sign” means the process of changing, modifying, reworking, revising, or remodeling a sign. This does not include maintenance of a sign or a change of the copy on a painted, printed, or changeable copy sign.
“Animated sign” means a sign that uses movement or change of lighting to depict action or to create a special effect or scene.
Area. See “Sign area” definition.
“Awning” means a shelter projecting from, and supported entirely by, the exterior wall of a building constructed of nonrigid materials on a supporting framework that may either be permanent or retractable.
“Awning sign” means a sign painted on, printed on, or attached flat against the surface of an awning.
“Backlit sign” means a sign using illuminated reverse channel letters with an open or translucent back so that light from the letter is directed against the surface behind the letter, producing a halo lighting effect around the letter. Also referred to as silhouette or halo lighting.
“Banner” means a temporary sign made of fabric or any nonrigid material with no enclosing framework, which is mounted to a pole or a building.
Billboard. See “Off-premises sign” definition.
“Building” means any roofed structure intended or used for the support, shelter, or enclosure of persons, animals, or property of any kind.
“Cabinet, sign” means a complete, fully enclosed unit or module of a sign.
“Canopy” means a shelter projecting from and supported entirely by the exterior wall of a building constructed of rigid materials or may be of nonrigid materials on a supporting framework that may either be permanent or retractable.
“Changeable copy sign (automatic)” means a sign, or portion thereof, on which the copy changes automatically on a lampbank or through electrical or electronic means (i.e., time and temperature units). This does not include electronic animation. See definition of “Copy.”
“Changeable copy sign (manual)” means a sign, or portion thereof, on which copy is changed manually in the field through placement of letters or symbols on a panel mounted in or on a track system (i.e., readerboards with changeable letters).
“Channel letter” means a fabricated or formed three-dimensional letter that may accommodate a light source.
“Clearance (of a sign)” means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
“Construction sign” means a temporary sign identifying the architect, engineer, contractor, subcontractor, financier, sponsor, and/or material supplier participating in construction of a residential or commercial development on the property on which the sign is located. The sign may also designate the future occupant or use of the development.
“Copy” means the words and/or message displayed on a sign surface in either permanent or removable letter form.
“Directional/information sign” means an on-premises sign giving directions, instruction, or facility information to pedestrian and vehicular traffic. It may contain the name or logo of an establishment but no advertising copy (i.e., parking, or exit and entrance signs).
“Double/multiple-faced sign” means a sign with two parallel faces.
“Electrical sign” means a sign or sign structure in which electrical wiring, connections, or fixtures are used.
Electronic Message Center. See “Changeable copy sign (automatic)” definition.
“Exterior illuminated sign” means a sign that is illuminated by a light source that is directed towards, and shines on, the face of a sign. Also called direct illumination.
“Facade” means the entire building front including the parapet.
Face. See “Sign face” definition.
“Flashing sign” means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention (generally with a constantly repeating message). This does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing or intermittent light.
“Freestanding sign” means a sign supported above the ground by visible poles or braces and not attached to any building.
“Frontage” means the length of the property line of any one premises along a public right-of-way on which it borders.
“Frontage, building” means the length of an outside building wall on a public right-of-way.
“Government sign” means any temporary or permanent sign erected and maintained by the city, borough, state, or federal government for traffic direction or for designation of, or direction to, any school, hospital, historical site, or public service, property, or facility.
“Ground sign” means a sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground, there is no visible support structure, and it is independent of any other structure.
Halo-Lit Sign. See “Backlit sign” definition.
“Height, sign” or the “height of a sign” means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the natural/unimproved surface grade beneath the sign, whichever is greater.
“Icon” means an image, symbol, or emblem.
“Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person, and/or to the activity or occupation being identified.
“Illegal sign” means a sign which does not meet the requirements of this chapter and that has not received legal nonconforming status.
“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
“Incidental sign” means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (i.e., a credit card sign or a sign indicating hours of business).
“Inflatable device” means a sign that is a cold air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure, and equipped with a portable blower motor that provides a constant flow of air into the device. These devices are restrained, attached, or held in place by a cord, rope, cable, weight, or similar method.
“Logo” means a design or symbol that represents a product, identity, or service.
“Lot” means a distinct parcel of land for ownership and tax purposes which is delineated and fixed on a plat filed for record.
“Maintenance” means, for the purposes of this chapter, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
“Marquee” means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building.
“Marquee sign” means any sign attached to, or supported by, a marquee structure.
“Message area” means the area within the sign panel describing the limits of the message.
“Name plate” means a nonelectric on-premises identification sign, giving only the name, address, and/or occupation of an occupant or group of occupants.
“Nonconforming sign” means a sign which was erected legally and is actively maintained but does not comply with subsequently enacted sign restrictions and regulations.
“Occupancy” means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
“Off-premises sign” means a sign structure advertising or directing attention to a specific business, establishment, product, service, commercial activity, or entertainment event or activity, that is not sold, produced, manufactured, furnished, or conducted at the property upon which said sign is located (i.e., billboards or outdoor advertising).
“On-premises sign” means a sign whose message and design relates to a business, profession, product, service, event, or other commercial activity sold, offered, or conducted on the same property where the sign is located.
“Owner” means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the city planner or designee (i.e., a sign leased from a sign company).
“Painted wall sign” means any sign that is applied with paint or similar substance on a building surface.
“Parapet” means the extension of a false front or wall above a roofline.
“Pennant” means a triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles, intended to flap in the wind.
“Permanent sign” means a sign attached to a building or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, that precludes ready removal or movement of the sign, and whose intended use appears to be indefinite.
“Planner” means the city planner or designee.
“Point of purchase display” means advertising of a retail item accompanying its display (i.e., an advertisement on a product dispenser).
“Pole cover” means an enclosure for concealing and/or decorating poles or other structural supports of a sign.
Pole Sign. See “Freestanding sign” definition.
“Political sign” means a temporary sign used in connection with a local, state, or national election or referendum.
“Portable sign” means any sign designed to be moved easily and not permanently affixed to the ground, a structure, or a building.
“Premises” means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
“Projecting sign” means a building-mounted sign with the sign face(s) projecting from, and perpendicular to, the building fascia. This does not include signs located on a canopy, awning, or marquee.
Pylon Sign. See “Freestanding sign” definition.
“Real estate sign” means a temporary sign advertising the real property upon which the sign is located as being for rent, lease, or sale that provides the name and contact information for the owner, or their licensee and their brokerage.
“Regulatory sign” means a sign having the primary purpose of conveying information concerning rules, ordinances, or laws.
“Right-of-way (ROW)” means the land on which a public thoroughfare is located and certain lands adjacent thereto.
“Roof sign” means a building-mounted sign erected upon, against, or extending either partially or completely over the roof of the building.
“Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, architectural pylons, chimneys, or minor projections.
“Rotating sign” means a sign where the sign itself, or any portion of the sign, moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
“Sandwich board/sidewalk sign” means a sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an “A.”
“Sight triangle” means a triangle at an intersection, formed by the two roads or rights-of-way and a third line, which must be kept clear of obstructions such as hedges so that people in vehicles on one road can see cars approaching on the other road. The sight triangle area at the intersection of two public streets is formed by measuring from the point of the intersection of the two rights-of-way a distance of 25 feet along the rights-of-way and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersections. The sight triangle area at the intersection of a public street and a private access way is formed by measuring from the point of the intersection of the right-of-way a distance of 25 feet along the right-of-way, and a distance of 15 feet along the private access way, and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street and private access way intersection.
“Sign” means any device, structure, fixture, painting, visual image, flashing light, strobe, or placard, regardless of whether it is standalone or fixed, using graphics, symbols, numbers, and/or written copy, designed specifically for the purpose of advertising, communicating, identifying, or attracting attention to any establishment, product, goods, or services.
“Sign area – Projecting and freestanding sign” means only the largest face of any double- or multi-faced sign is used when calculating the area of a freestanding sign or projecting sign. The area of a sign shall be measured as follows:
1. If the sign is composed of one or two individual cabinets, the area around and enclosing the perimeter of each cabinet or module shall be summed, and the area of each cabinet shall be added together to determine total area. The perimeter of measurable area does not include embellishments such as pole cover, framing, decorative roofing, etc.; provided, that there is not written advertising copy on such embellishments.
2. If the sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments are not included in the area of measurement; provided, that there is not written advertising copy on such embellishments.
“Sign area – Wall sign” means the area shall be within a single, continuous perimeter composed of any straight-line geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter and the total combined areas of the individual figures shall be considered the total sign area.
“Sign face” means the surface area of a sign on which the advertising copy or message is placed or displayed.
“Snipe sign” means a temporary sign or poster affixed to a tree, fence, etc. (erected for three days or less).
“Subdivision identification sign” means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
“Temporary sign” means a sign not constructed or intended for long-term use or permanent installation. Generally these signs are intended to be used for a limited period of time for purposes such as announcing special events or sales, announcing the sale or rental of property, supporting political positions, or presenting other miscellaneous or incidental information or instructions.
“Under-canopy sign” means a sign suspended beneath a canopy, ceiling, roof, or marquee.
“Use” means the purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
“Wall sign” means a building-mounted sign that is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface, and not projecting more than 18 inches from the wall surface.
“Window sign” means a sign that is painted on, attached to, or suspended directly behind a window for the purpose of being viewed from the outside. (Ord. 25-14(AM) § 2, 2025)
No person shall erect, place, or maintain a sign in the city except in accordance with the provisions of this chapter. (Ord. 25-14(AM) § 2, 2025)
The following types of signs are prohibited in all districts:
A. Abandoned signs;
B. Signs imitating or resembling official traffic or government signs or signals of emergency response vehicles;
C. Snipe signs or signs attached to trees, telephone or utility poles, public benches, or streetlights that are located within a public right-of-way;
D. Signs placed on vehicles or trailers that are parked or located for the primary purpose of displaying the sign. This does not apply to allowed portable signs or to signs or letters on buses, taxis or vehicles operating during the normal course of business;
E. Signs with flashing, intermittent, revolving, or blinking illumination, or an alternating light pattern or animated signs, other than electronic message centers, as permitted in this chapter. No sign regulated by this chapter may utilize:
1. An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion;
2. Any revolving beacon or flashing light; or
3. Signs using exposed incandescent light sources exceeding 60 watts per source.
F. Signs using reflectors, mirrors, or other devices intended to focus or direct illumination from the sign to any other place;
G. Wall signs exceeding a maximum height of 30 feet or the height of the roofline, whichever is less;
H. Off-premises signs;
I. Billboards;
J. Banners, except when approved for a special event or as a temporary sign;
K. Pennant signs with advertising copy or logos, except when approved for a special event or as a temporary sign;
L. Inflatable devices with or without copy or logos, except when approved for a special event or as a temporary sign;
M. Signs located within a sight triangle that are between three feet and nine feet in sign height, not including the support poles or signs that otherwise interfere with lines of sight or a sight triangle; and
N. Any sign not specifically permitted in this chapter. (Ord. 25-14(AM) § 2, 2025)
Unless otherwise provided by this title, all signs shall require a sign permit and payment of fees as described in this chapter. No permit is required for the maintenance of a sign or for a change of copy on painted, printed or changeable copy signs. (Ord. 25-14(AM) § 2, 2025)
The following types of signs are exempted from permit applications but must be in compliance with all other requirements of this chapter:
A. Construction signs with a sign area of 32 square feet or less and eight feet or less in height;
B. Directional/informational signs of eight square feet or less and three feet or less in height;
C. Temporary holiday or special events decorations;
D. Nameplates of 12 square feet or less;
E. Political signs;
F. Public signs or notices, or any sign relating to an emergency;
G. Real estate signs;
H. Window signs;
I. Incidental signs;
J. Point of purchase display signs;
K. Religious icons;
L. Wall signs; and
M. Yard sale signs. (Ord. 25-14(AM) § 2, 2025)
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The city planner or designee shall have the right to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated. (Ord. 25-14(AM) § 2, 2025)
Unless otherwise specified by this chapter, any sign permitted by this chapter may use manual or automatic changeable copy. (Ord. 25-14(AM) § 2, 2025)
A. The base of structural members supporting signs mounted on the ground must be set back at least three feet from any public right-of-way except that of the George Parks Highway. The base of structural members supporting signs mounted on the ground must be set back at least five feet from the right-of-way of the George Parks Highway.
B. No part of any sign shall encroach into a public right-of-way or the air space above such a right-of-way, nor shall any part of a sign obscure the line of sight within a sight triangle. (Ord. 25-14(AM) § 2, 2025)
The following signs are allowed in all zoning districts:
A. All signs allowed in WMC 16.70.035, Signs not requiring permits;
B. Construction Sign. One construction sign for each street frontage of a construction project, not to exceed 32 square feet in sign area and eight feet in height. Such signs may be erected 30 days prior to beginning of construction and must be removed 30 days following completion of construction;
C. Real Estate Sign. One nonilluminated real estate sign per lot or premises, not to exceed 32 square feet in sign area and eight feet in height. Such signs must be removed one week following sale, rental, or lease;
D. Nameplate. One attached nameplate per occupancy, not to exceed two square feet in sign area;
E. Directional Sign. One directional/informational sign per lot, not to exceed eight square feet in sign area and three feet in height above the prepared surface of the roadway adjacent to the directional sign. Where a lot in the C or I zoning district has in excess of 400 feet of street frontage, one additional directional sign will be allowed for each 100 feet of street frontage. Such signs must be located adjacent to permitted driveways;
F. Special Event Sign. Temporary special event signs and decorations may be allowed for special events, grand openings, or holidays. Such signs and decorations may be erected seven days prior to a special event or holiday, and must be removed seven days following the event or holiday. Grand opening signs may be used for no more than 14 days; and
G. Snipe Sign. Snipe signs are allowed on private property for three days or less. Signs must be dated and may not be larger than six square feet. (Ord. 25-14(AM) § 2, 2025)
The following signs are allowed in all residential zoning districts subject to the restrictions within this section:
A. Maximum Height. The maximum height is six feet for all allowed freestanding signs in this section;
B. All signs allowed in WMC 16.70.035,Signs not requiring permits, and 16.70.055, Signs permitted in all zoning districts;
C. Subdivision Sign. Two subdivision signs per neighborhood, subdivision or development not to exceed 32 square feet in sign area;
D. Identification Sign. One identification sign per apartment or condominium complex not to exceed six square feet in sign area;
E. Other Nonresidential Uses. A nonresidential use may have one freestanding sign, not to exceed 32 square feet in sign area, and one wall sign not to exceed six square feet in sign area. Nonresidential uses on lots abutting a collector or arterial roadway may have one freestanding sign not to exceed 50 square feet in sign area and/or 15 feet in height, and may install one wall sign not to exceed 24 square feet in sign area. (Ord. 25-14(AM) § 2, 2025)
The following signs are allowed in the C and I zoning districts:
A. All signs as allowed in WMC 16.70.035, Signs not requiring permits, and 16.70.055, Signs permitted in all zoning districts;
B. Freestanding Sign. One freestanding sign not exceeding one square foot in sign area for each linear foot of main street frontage up to a maximum of 150 square feet is allowed per premises. Such signs may not exceed a height of 30 feet. Where an occupancy is on a corner or has more than one street frontage, one additional freestanding sign will be allowed on the additional frontage, not to exceed the area and/or height of the other freestanding sign. Where a lot has in excess of 400 feet of street frontage, one additional freestanding sign will be allowed for each additional 100 feet of street frontage. Such signs shall be subject to the size and height limitations of the first allowed freestanding sign and may be placed no closer than 250 feet to any other freestanding sign on the same premises;
C. Under-Canopy Sign. One under-canopy sign not exceeding 50 square feet in sign area is allowed per occupancy;
D. Incidental Sign. One incidental sign not exceeding six square feet in aggregate sign area is allowed per occupancy;
E. Awning Sign. One awning sign, with text not exceeding 30 percent of the surface area of an awning, or one marquee sign, not to exceed one square foot in sign area for each linear foot of marquee front and side, is allowed per occupancy;
F. Portable Sign. One portable sign not exceeding 32 square feet in sign area or five feet in height is allowed per lot. Such signs may be displayed eight times per year for periods not to exceed two weeks;
G. Projecting Sign. A projecting sign may be used instead of a freestanding sign as long as it does not exceed a sign area of one square foot for each linear foot of an occupancy’s building frontage up to a maximum of 50 square feet. Signs may not project more than six feet from the building face and the lowest portion of the sign must be a minimum of eight feet from the sidewalk or pedestrian area;
H. Ground Sign. Two ground signs may be used instead of any one freestanding sign, not to exceed 50 square feet each and five feet in height;
I. Wall Sign. Any size and amount of wall signs;
J. A-Frame/Sandwich Board Signs. One A-frame/sandwich board sign is allowed per business; provided, that the size of the sign does not exceed three feet in width and four feet in height, the sign is only placed on the lot where the business occurs, is only in place during store hours, and is stored inside at all other times. (Ord. 25-14(AM) § 2, 2025)
Existing signs which do not comply to the specific provisions of this chapter may be eligible for the designation “legal nonconforming”; provided, that:
A. Such signs are properly maintained and do not in any way endanger the public; and
B. The sign was covered by a valid permit or variance, or complied with all applicable laws on or before August 12, 1996. (Ord. 25-14(AM) § 2, 2025)
A legal nonconforming sign will lose this designation if:
A. The sign is relocated or replaced; or
B. The structure or size of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of copy or normal maintenance. (Ord. 25-14(AM) § 2, 2025)
The legal nonconforming sign is subject to all requirements of this chapter regarding safety, maintenance, and repair. However, if the sign suffers more than 50 percent appraised damage or deterioration, it must be brought into compliance with this chapter or be removed. (Ord. 25-14(AM) § 2, 2025)
All electrical signs must be constructed and located in such a way as to meet federal, state, and city laws, statutes, and ordinances and to meet the requirements of the National Electrical Code. (Ord. 25-14(AM) § 2, 2025)
A. No sign shall be suspended by nonrigid attachments that allow the sign to swing or move due to wind.
B. All freestanding signs must have self-supporting structures erected on, or permanently attached to, concrete foundations or steel pilings.
C. All portable signs on display must be braced or secured to prevent motion. (Ord. 25-14(AM) § 2, 2025)
A. No sign shall be erected, constructed, or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress.
B. No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation, except that signs may be erected in front of, and may cover, transom windows when not in violation of building or mechanical codes.
C. Signs must be located in such a way as required to meet state and/or city safety standards. (Ord. 25-14(AM) § 2, 2025)
Application for a permit for the erection, alteration, or relocation of a sign shall be made to the city planner on a form provided by the city planner and must include the following information:
A. Name and address of the owner of the sign;
B. Street address or location of the property on which the sign is to be located, along with the name and address of the property owner;
C. The type of sign or sign structure as defined in this chapter;
D. A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises; and
E. Specifications and scale drawings showing plans, elevation, materials, design, dimensions, and structural supports. (Ord. 25-14(AM) § 2, 2025)
All applications for permits filed with the city planner or designee must be submitted to the city planner along with the appropriate fee. (Ord. 25-14(AM) § 2, 2025)
A. The city planner or designee shall issue a permit for the erection, alteration or relocation of a sign within five business days of receipt of a valid and complete application; provided, that the sign complies with all applicable laws and regulations of the city. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail.
B. When a permit is denied, a written notice shall be provided to the applicant along with a brief statement of the reasons for denial. The city planner or designee may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. (Ord. 25-14(AM) § 2, 2025)
A. Permit fees are nonrefundable.
B. A permit becomes null and void if work is not completed within one year of the date of issuance. (Ord. 25-14(AM) § 2, 2025)
The city planner or designee may cause the immediate removal of signs within the public right-of-way consistent with the regulations in WMC 12.16.040. Additionally, dangerous or defective signs that present a hazard to the public safety may be removed with notice to the owner. (Ord. 25-14(AM) § 2, 2025)
Variances to the setbacks, sign area, number of signs per parcel, or height of signs may be requested by a property owner, or authorized agent. The application process, notice requirements, and variance standards shall be the same as those for variances in WMC Chapter 16.110. In granting a sign variance, the planning commission may prescribe conditions and safeguards to ensure compliance with the purpose and intent of this chapter and consistency with the city comprehensive plan and any other applicable adopted city plans. (Ord. 25-14(AM) § 2, 2025)
[Reserved.] (Ord. 25-14(AM) § 2, 2025)
Contribution permits required under WMC Title 13 must be issued before the issuance of a land use permit. (Ord. 25-14(AM) § 2, 2025)
A. If a developer proposes the installation of a community water, sewer, or stormwater drainage system within 500 feet of an existing, adequate public water and sewer system, a city water, sewer, and stormwater drainage permit shall be required. This permit may be called a WSSD permit in this code. An application for a WSSD permit shall be subject to the procedures and criteria of a conditional use permit.
B. A WSSD permit shall be granted by the commission if it meets the requirements for a conditional use permit and this section and the system is found to be adequate by the public works director. The public works director will find a system to be adequate for purposes of this section if, in the judgment of the public works director, it is feasible for the developer to make improvements to the public system which will provide the increased capacity necessary to serve the existing users and the new development at the same level as is being provided to the existing users.
C. In addition to conditional use requirements, a developer may be required to do the following in order to obtain a community water, sewer or stormwater drainage permit under this section:
1. Construct a distribution system and the connection to the public system;
2. Increase the size of existing public water, sewer, or stormwater drainage lines;
3. Install a distribution system within the development; and/or
4. Increase the size of other parts of the system as required by the commission.
D. In addition to general requirements for conditional uses, an application for a conditional use for water, sewer, and stormwater drainage must include a plan approved by the public works director that shows how the system will meet water, sewer, and stormwater needs if within 10 years an increase in capacity will be required to serve other areas and identifies all oversized facilities.
E. When installation of oversized facilities is required, the developer shall install such facilities at their own expense.
F. Except as otherwise provided in this section, a developer installing oversized facilities approved by the city shall be reimbursed by the city for the difference in cost between the installed cost of the oversized utility lines and the installed cost of utility lines adequate to serve both the development concerned and all other land to be served by the lines which is owned or under the control of the developer. The public works director shall have sole discretion to determine this cost difference.
G. Notwithstanding subsection (F) of this section, the developer may not be reimbursed for increased installation costs under this section unless the funds for such reimbursement have been appropriated for that purpose by city council and the city has sufficient funds available to reimburse the developer. No reimbursement may be made unless the developer has entered into a written agreement with the city conveying all property to the city it deems necessary to ensure complete control by the city of its water lines, sewer, and stormwater drainage system, including lines, lift stations, valves, and any interest in real property.
H. The commission may condition a permit upon the construction or design of improvements to an existing public system by the city. If a permit is subject to design or construction of improvements by the city directly, the commission may require advance payment to the city of the estimated cost of work to be accomplished by the city. Any cost exceeding the estimated costs shall be paid by the developer and any reduction of costs falling below the estimate shall be refunded to the developer.
I. Before approval of a use for which a community water system is required, the developer must submit evidence showing that there is an available satisfactory source of water. A source of water is satisfactory only if it can be shown that:
1. The proposed source will produce water sufficient in quality and quantity to supply the development;
2. The water system and the connection between such distribution systems and the source are sized and constructed to meet fire flow and hydrant requirements for fire protection; and
3. The developer has obtained or can obtain a water appropriation permit or certificate for the water from the state.
J. A community water system must comply with city specifications identified by the public works director available from the public works director. (Ord. 25-14(AM) § 2, 2025)
The purpose of the landscaping standards in this chapter is to ensure that new landscaping and the retention of existing vegetation, where appropriate, is an integral part of all development. These standards are intended to:
A. Promote the environmental and community benefits of a healthy, diverse, and well-managed urban forest;
B. Visually enhance the community image through new landscaping improvements and/or retention of existing vegetation for industrial, commercial, community use, and multifamily residential development;
C. Provide flexible requirements that encourage and allow for creativity in landscape design;
D. Promote the use of existing vegetation and retention of trees, woodlands, habitat, and urban forest, where appropriate;
E. Encourage the use of native plants to improve plant establishment, survival, and vitality;
F. Soften the appearance and break up the visual impact of paved parking areas and surfaces;
G. Separate, screen, and buffer adjacent incompatible land uses through the use of landscape plantings, fencing, and other appropriate landscape architectural features;
H. Reduce noise, dust pollution, and glare;
I. Provide for erosion control, runoff reduction, and pollutant mitigation;
J. Preserve air and water quality;
K. Eliminate or reduce the need for irrigation by providing landscaping that is well-suited to the environment and climate; and
L. Ensure that landscaping design is consistent with accepted crime prevention through environmental design (CPTED) principles. (Ord. 25-14(AM) § 2, 2025)
Except as otherwise provided in this chapter, these landscaping standards apply to all property within the city. Every administrative permit and conditional use permit approved under this title shall be conditioned upon compliance with this chapter. (Ord. 25-14(AM) § 2, 2025)
The following uses are exempt from the landscaping requirements in this chapter:
A. Temporary uses approved by a temporary use permit;
B. Areas authorized by the city for public or private parks, playgrounds, playing fields, or golf courses that will be retained in pervious ground cover; and
C. Airport lease lots. (Ord. 25-14(AM) § 2, 2025)
A. Submittal. Except as otherwise provided in this chapter, landscape plans must be submitted to the city for commercial developments with a gross floor area of 5,000 square feet or more and multifamily residential developments with more than four dwellings per lot.
B. Single-family dwellings and duplexes must comply with the applicable provisions of this chapter but are not required to submit a landscaping plan unless required by the commission as a condition of a conditional use permit.
C. Plan Components. Where a landscape plan is required, the plan shall include the following:
1. Calculations, dimensions, notes, and details necessary to describe the landscape elements and their relation to the site boundary and site improvements;
2. The common and scientific name of each plant type or ground cover to be used;
3. The location, quantity, height, and caliper of each plant type;
4. The locations where different plant types will be used, including area and dimensions;
5. The locations, plant size, area, and type of vegetation to be preserved in its natural state to fulfill the requirements of this chapter;
6. The location, area, and type of native vegetation to be removed;
7. Location of any retaining walls and/or fences;
8. Location of existing or proposed utility elements such as easements, transformers, utility poles, overhead and underground utility lines, streetlights, and curb cuts;
9. Location of all lot lines, including all streets that border the lot;
10. Location of any existing or proposed structures, walkways, or parking areas;
11. North arrow, scale, and planting details; and
12. Areas of vegetation to be used for on-site retention/detention of stormwater and drainage features including swales, drainage basins, snow storage, storm drain inlets, bioswales, and other similar features, unless shown on civil drawings.
D. Landscape design must take into consideration existing trees and incorporate existing trees and vegetation where practical. (Ord. 25-14(AM) § 2, 2025)
A. Intent. This section is intended to ensure that new landscaping and the retention of existing vegetation is an integral part of all development. Landscaping required under this section is intended to enhance the community environment and visual character, reduce and treat runoff of stormwater, and to provide attractive and functional separation and screening between uses.
B. General Standards. The following general planting standards shall apply:
1. Hardiness. All trees, shrubs, or other vegetation in the required landscaping shall be of a stock rated as hardy for the climatic zone designated by the United States Department of Agriculture for the city of Wasilla. It is not the intent of this chapter to dictate the use of individual species; however, property owners are encouraged to understand the local climate and to use plant species known to be hardy. In all cases, the plant materials shall be living and free of defects and of normal health, height, and spread as defined by the American Standard for Nursery Stock, ANSI Z60.1, latest available edition, American Nursery and Landscape Association.
2. Caliper. All deciduous trees planted as required landscaping shall be a minimum one-and-one-half-inch caliper.
3. Natural Vegetation. The retention of naturally occurring native vegetation promotes a sustained presence of trees and woodlands for their benefits to property values, community character, wildlife habitat, and the natural environment of the city. Healthy native vegetation within the required landscape bed area may be used in place of any or all of the required landscaping. Natural vegetation shall be protected according to the procedures found in subsection (E) of this section entitled “Protection of Landscaping.” Credit shall not be given for trees that have been damaged during construction, that are not healthy, or where the root zone has been disturbed.
4. Tree Height Requirement. Trees shall be a minimum five feet in height at planting.
5. Grass Seeding. All grass seeding shall be of native grass stocks or lawn seed mix intended for the climatic zone in the city. Grass seeding shall occur between May 15 and September 1, unless the planner grants an exception to plant outside of this timing window.
6. Earthwork Erosion Protection. Upon completion of earthwork, all exposed slopes and all disturbed soils shall be protected against subsequent erosion by methods including, but not limited to, installation of ground cover, landscaping, and the maintenance of vegetative cover.
C. Maintenance. All landscaping required to meet the minimum standards of this section shall be continuously maintained to meet these standards. Plant materials shall be installed that are living, free of defects and of normal health, and shall be replaced if they perish due to poor maintenance, lack of hardiness, moose browsing, mechanical damage, or any other reason. Any required landscaping element that dies, is removed, or is seriously damaged shall be replaced with the same type and size as was shown on the approved site plan or, absent an approved site plan, is consistent with the current provisions of this chapter.
D. Stormwater. When stormwater pollution prevention plans are required for construction activities, a copy of the plan shall be made available to the planner.
E. Protection of Landscaping. All required landscaped areas shall be protected from potential damage by adjacent uses, such as parking and storage areas. Protection may be accomplished by providing adequate space between the vegetation and parked vehicles, or by providing concrete barrier curbs or an alternate barrier, at least six inches in height, capable of maintaining separation between vehicles and plantings. Landscaped areas shall be protected from impacts resulting from snow storage and removal operations. Where existing natural vegetation is used to meet the requirements of this section, plant materials shall be protected from construction activities in accordance with the following:
1. Construction Fence. A protective construction fence or barrier not less than four feet high shall be placed around each tree or group of trees to be retained at or beyond the drip line of the trees, but not less than 10 feet in diameter, whichever is greater. Fencing shall be placed prior to the commencement of site clearing and construction work and shall be maintained for the duration of the construction period.
2. All building material, dirt, excavation or fill materials, or other equipment or debris shall be kept outside of protective fences and barriers.
F. Clear-Cutting Prohibition. Native vegetation shall be preserved and there shall be no clear-cutting in any area of a lot that is within 75 feet of the mean high water mark of any water body, including a lake, stream, creek, or river. However, minimal areas may be cleared to allow access to docks, boathouses, and the water’s edge. (Ord. 25-14(AM) § 2, 2025)
A. Purpose. Parking lot landscaping softens the view and breaks up the visual impact of extensive paved surfaces, provides orientation to entrances, contributes to stormwater management, and mitigates wind and dust in large parking lots.
B. Applicability. Parking lot landscaping shall be provided and meet the general and specific standards in this section when:
1. A structure is erected with a parking lot of 40 or more spaces;
2. An existing structure is expanded by 10 percent or more of the building footprint and has or requires a parking lot with 40 or more spaces;
3. A property changes from one use category to another and has or requires a parking lot with 40 or more spaces; or
4. A standalone parking lot is constructed having 40 or more spaces without an accompanying new or expanded structure.
C. Parking lot landscaping beds are required for any parking lot with 40 or more parking spaces. The area of the parking lot shall be determined by the total paved area, including parking, circulation aisles, and appurtenant driveways.
D. An area equal to at least five percent of the parking lot shall be devoted to landscaping.
E. Areas eligible to be counted as parking lot landscaping shall be surrounded by a parking area and/or driveway on at least three sides, except that up to 50 percent of the total parking lot landscaping up to a maximum of 800 square feet may include landscaping areas with parking area and/or driveway on only two sides (such as corner areas of parking lots).
F. Required buffer landscaping shall not count toward parking lot landscaping requirements.
G. The minimum area for individual landscaping beds shall be eight by 20 feet. The minimum bed width shall be eight feet.
H. At least one tree per required landscaping bed and an additional tree for every additional 300 square feet of parking lot landscaping is required.
I. All areas within the planting beds shall be covered with ground cover.
J. Existing native trees and natural vegetation located within required parking lot landscape areas may be applied toward meeting parking lot landscaping requirements.
K. Up to 50 percent of the area required for parking lot landscaping may be provided by biofiltration swales or other green infrastructure methods designed to reduce on-site stormwater runoff. Biofiltration swales must be a minimum of eight feet in width and designed to promote biofiltration in order to qualify as and partially fulfill a portion of the parking lot interior landscaping required by this section. Individual planting beds that are designed to be used for biofiltration may substitute up to one-half of the required trees otherwise required to exist within the bed with site appropriate herbaceous plant material at a ratio of 15 plants per tree.
L. Landscaping plans for parking lots must include descriptions of snow removal and storage considerations, and the impact of snow removal and on-site storage on the landscaping plan and maintenance. (Ord. 25-14(AM) § 2, 2025)
A. Purpose. Buffer landscaping serves to separate, screen, and buffer adjacent land uses that may be different in their use and intensity and that may have a harmful impact on neighboring uses through the use of landscape plantings, fencing, and other appropriate features.
B. Applicability. Buffer landscaping shall be provided and meet the general and specific standards in this section whenever a structure is erected, an existing structure is expanded by 10 percent or more of the building footprint, or a property changes from one use category to another. At a minimum, buffer landscaping shall be provided to separate the following land uses:
1. Parking lots adjacent to the RR, R-1, R-2, and R-M districts;
2. Multifamily housing of four dwellings or more adjacent to R-1 and R-2 zoning districts;
3. Commercial and industrial uses adjacent to RR, R-1, R-2, and R-M districts; and
4. All outdoor storage facilities, kennels, catteries, and warehousing uses regardless of the neighboring land use or zoning district.
C. Minimum Standards. The following minimum standards shall apply to buffer landscaping when required under this section:
1. Landscaping Beds. Landscaping beds a minimum of 15 feet in width along property lines adjacent to the affected district are required, except that all property lines shall be buffered surrounding outdoor storage facilities, outdoor kennels or catteries, and warehouses. A six-foot-high, sight-obscuring, ornamental fence approved by the planner may be used in place of five feet of the required bed width and one row of the required trees. Fences may not be used along streets or street rights-of-way. The remaining 10 feet of landscaping bed shall be outside of the fencing.
2. Trees. Trees shall be planted at average intervals in the landscaping bed no greater than 20 feet on center. Trees shall be planted in a minimum of two equally staggered rows. The completed project as viewed from the adjoining property shall appear to have a tree planted every 10 feet. No more than 50 percent of planted trees may be deciduous. Within utility easements with overhead lines, trees may be substituted with an equal number of shrubs that are a minimum of six feet in height at the time of planting.
3. Shrubs. At least one shrub for every 50 square feet in the landscaping bed and a minimum 18 inches in height at planting shall be planted. Shrubs must be of a variety that grow to at least four feet in height at maturity.
D. Existing native trees and natural vegetation may be applied toward meeting buffer landscaping requirements, provided the intent of this section is satisfied. (Ord. 25-14(AM) § 2, 2025)
A. Purpose. Residential landscaping promotes the sustained presence of trees and woodlands in neighborhoods and residential areas, and provides benefits to property values, community character, water and air quality, wildlife habitat and the natural environment, and quality of life.
B. Applicability. Residential landscaping shall be provided and meet the general and specific standards in this section in the following instances:
1. All new single-family, two-family, and three-family residential developments within the city in any zoning district other than the C zoning district; and
2. Redevelopment of any residential property that results in the total destruction and reconstruction of a dwelling.
C. Minimum Standards. The following minimum standards shall apply to residential landscaping when required by this section:
1. Retention of Vegetation. No developer, owner, occupant, or other person shall remove vegetation from an undeveloped residentially zoned lot where such removal will result in the lot having less than the following percentage of contiguous, retained vegetation:
a. Lots less than 40,000 square feet: 15 percent of existing vegetation being retained per residential lot.
b. Lots equal to or greater than 40,000 square feet: 20 percent of existing vegetation being retained per residential lot.
2. Trees. For every 100 lineal feet of frontage along a right-of-way, or portion of the right-of-way, at least one tree meeting the general standards of this section must be retained or planted within the front yard. Corner lots require one additional tree be planted or retained in the side yard adjacent to the street right-of-way.
3. Ground Cover. All residential lots shall have established lawn, sod, or ground cover. (Ord. 25-14(AM) § 2, 2025)
A landscape plan showing the actual landscaping installed on the site must be submitted with an administrative permit or a conditional use permit. The planner may inspect the property to determine whether it complies with all applicable landscaping requirements for properties requiring a permit, and property subject to the requirements of this chapter but exempt from an administrative permit or a conditional use permit. (Ord. 25-14(AM) § 2, 2025)
A. It is the duty of the owner of the lot to continuously maintain all required landscaping. If any required landscaping dies, becomes substantially damaged or destroyed, it must be replanted in a similar manner within the same growing season that the damage or destruction occurs or no later than June 30 of the following year, whichever is earliest. When landscaping that is part of an approved landscaping plan is removed, disturbed or damaged, or is not maintained, in addition to any other remedy under this title, the city may require the lot owner to bring the landscaping on the lot into compliance with the current provisions of this chapter.
B. Lawn and landscaped areas shall be maintained according to standard practices, which include regular mowing, weeding, fertilizing, and watering.
C. All required screening/buffering must be maintained by the landowner proposing the more intensive use for the life of the use or until there is a change in use that does not require screening/buffering. (Ord. 25-14(AM) § 2, 2025)
A. The planning commission may waive or modify a requirement concerning the type, quantity, location, height of landscaping, planting bed widths, or other landscaping standards as provided in this chapter.
B. Preapplication Conference. The applicant shall schedule a preapplication conference with the city planner prior to submission of a waiver application. The purpose of the preapplication conference is to allow the applicant to explain the situation that gives rise to the need for a waiver. It also gives the city planner the opportunity to review the proposed waiver or modification and identify other options and to explain the waiver process.
C. Application and Landscape Plan. After the preapplication conference, the applicant shall submit an application for the waiver or modification to the city planner with the appropriate application fee. The application shall include a landscape plan depicting all information relevant to the requested waiver or modification. The city planner may require that the landscape plan be produced by a registered professional engineer, architect, landscape architect, or land surveyor.
D. Public Hearing. The planning commission shall hold a public hearing on the application. The notice, comment period, and hearing procedure shall be the same as provided for a conditional use permit.
E. Decision. The planning commission may approve an application only if the planning commission finds that the application meets all of the following standards:
1. The application shows that either:
a. Native vegetative features within, or adjacent to, the property, or the shape, topography, drainage or other physical features of the property, make compliance with the landscaping requirements of this chapter impracticable or contrary to the public interest; or
b. Compliance with the landscaping requirements of this chapter will have an adverse effect on other adjoining property;
2. The waiver or modification will not significantly affect adjacent property or water bodies; and
3. The waiver or modification is consistent with the purpose and intent of this chapter. (Ord. 25-14(AM) § 2, 2025)
A. All applicable landscaping standards of this chapter must be documented on city-approved development permits/plans. Failure to comply with such standards will subject the development to stop work orders, code enforcement citations, and/or financial penalties identified in this title. The lot owner and the contractor(s) performing the work on site are responsible for compliance with the provisions of this chapter. Failure of an agent and/or contractor to comply with this chapter will be deemed noncompliance by the owner and the contractor, and fines may be issued to the owner and/or the contractor(s) performing the unpermitted activity.
B. Penalties. The penalties for violations specified in this chapter shall be the responsibility of the owner and/or contractor. Each day that the violation continues shall constitute a separate offense. (Ord. 25-14(AM) § 2, 2025)
Nothing in this chapter may be understood to impose any liability for damages or a duty of care or maintenance upon the city or any of its employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or other plant on their property under their control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision along any street or public place. (Ord. 25-14(AM) § 2, 2025)
The following general provisions may apply to both existing and proposed uses. (Ord. 25-14(AM) § 2, 2025)
A. Purpose. There are lots, structures, and uses that were in existence and lawful prior to the adoption of the provisions of this title now in effect which would be prohibited or do not meet the requirements of this title. It is the intent of this chapter to set forth the rules for continuation of these nonconformities. Such uses are declared by this section to be incompatible with permitted uses in the zones involved. It is further the intent of this section that nonconformity shall not be enlarged upon, expanded, nor extended. There are three types of nonconforming status: nonconforming lots, nonconforming structures, and nonconforming uses of land and/or structures.
B. General Standards. The following general standards shall apply:
1. No Expansion, Extension, or Enlargement. Nonconforming uses, structures, or lots may continue, but may not be expanded, enlarged upon, or extended except as allowed by this section.
2. Expansion, Enlargement, or Extension as Conditional Use. Expansion, enlargement, or extension of a nonconforming use or structure that could be permitted as a conditional use shall be made only upon approval of a conditional use for such change.
3. Signs and Display Devices. Signs for a lawfully existing nonconforming use or structure may remain and be repaired, but replacement of the sign must comply with WMC Chapter 16.70, Signs, and further signs cannot be constructed or erected if it would enlarge, extend, or expand the nonconforming use or structure.
4. Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, roof repair or replacement, or plumbing, to an extent not exceeding 10 percent of the current replacement value of the building; provided, that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this chapter shall not be increased.
C. Standards for Nonconforming Uses. Nonconforming uses are subject to the following standards:
1. Except as otherwise provided in this subsection, nonconforming uses shall not be enlarged, increased, or extended to include more dwellings, nor extended to occupy a greater area of land or structures than was occupied at the effective date of this title, or when amended.
2. Should a nonconforming use be discontinued, destroyed, or abandoned for a period of one year, or be superseded by a conforming use, the structure or land shall not be used thereafter except in compliance with this title.
D. Standards for Nonconforming Structures. Nonconforming structures are subject to the following standards:
1. Except as otherwise provided in this title, no nonconforming structure may be enlarged or altered in any way which increases its nonconformity nor may it be remodeled or rebuilt so as to extend the useful life of the structure beyond that which existed at the time such remodel/rebuild was initiated.
2. Should a nonconforming structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in compliance with the provisions of this title. If, however, a nonconforming primary dwelling is destroyed to an extent of more than 50 percent of its replacement cost at time of destruction and the commission determines there is no way to rebuild the structure as a primary dwelling that complies with this title, a primary dwelling may be rebuilt so long as it is done with the same footprint as the primary dwelling that was destroyed. Any increase in height must comply with this title.
3. Should a nonconforming structure be moved for any reasons for any distance whatsoever, it shall thereafter comply to the provisions of the district in which it is located after it is moved.
4. Any nonconforming structure which is unused, abandoned, or vacant for a period of one year or more shall not thereafter be occupied except in compliance with the provisions of this title.
E. Nonconforming Lots. Where an existing lot of record has a lot width and/or area smaller than the minimum required in the district in which it is located, such lot may be used in compliance with all other provisions of this title. (Ord. 25-14(AM) § 2, 2025)