Wasilla City Zoning Code
Division V
Permits and Reviews
16.90.005 Zoning permits and approvals.
A. Except as otherwise provided in this chapter, the development or use of property within the city or a change in use on property within the city shall not be commenced without first obtaining a land use administrative permit, conditional use permit, temporary use permit, or approval of a variance.
B. Compliance. Any permit or approval issued under this chapter shall require compliance with the state fire code and any other federal, state, or local regulations which are applicable to the activity.
C. Liability. The issuance of a permit or approval under this chapter, or enforcement or lack of enforcement, of any such permit or approval shall not be deemed grounds for city liability arising out of the errors or omissions of the permittee or the person who received the approval.
D. Reapplication Following Denial. After denial of an application for a permit or approval under this chapter, the approving authority shall not accept or act upon an application for a permit or approval for substantially the same use of the same property within two years from the date the first application is filed, unless the applicant demonstrates to the approving authority that a material change in circumstances has occurred.
E. Transfer of Permit. An administrative permit may be transferred so long as there is no change in the permitted use and written notification of the transfer is submitted to the planning department certifying that there is no change in use. If multiple owners exist on a permit, individual owners may be removed from the permit without constituting a transfer. (Ord. 25-14(AM) § 2, 2025)
16.90.010 Administrative permits.
A. Except as otherwise provided in this section, or expressly stated elsewhere in this title, an administrative permit shall be required for all permitted uses that do not otherwise require a temporary use permit, short-term rental permit, conditional use permit, or variance.
B. Except as otherwise provided in this section, a property owner shall apply for an administrative permit with the planner before the construction, alteration, addition, or modification of a building within the city, unless a conditional use permit or variance is required for that action. The administrative permit application shall be submitted on the administrative permit application developed by the city and available from the planning department and/or on the city website.
C. No administrative permit is required for the following:
1. A change to an existing building or structure that does not increase the height or exterior dimensions or footprint of the building or structure, so long as there is no change of use of the building or structure.
2. The construction, erection, or modification of a building or structure under 250 square feet.
3. Erection or construction of the following wireless communication facilities (WCF):
a. Noncommercial, Federal Communications Commission (“FCC”) licensed amateur (ham) radio antennas;
b. Satellite earth stations and/or antennas used for private television reception;
c. A government-owned or temporary commercial WCF installed upon the declaration of a state of emergency by federal, state, or local government, or a written determination of public necessity by the planner; except that such facility must comply with all federal and state requirements. The WCF shall be exempt from the provisions of this chapter for up to one week after the duration of the state of emergency; and
d. A temporary commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to approval by the planner. The WCF shall be exempt from the provisions of this chapter for up to one week after the duration of the special event.
4. Fences unless otherwise regulated by this code.
5. Home occupation accessory uses as provided in WMC 16.60.020, Home occupation as an accessory use.
6. Removal of any building or structure unless expressly required under this title.
7. Termination of any type of use.
8. The addition of farm animals or beehives permitted under and in compliance with this title.
9. Interior alterations to interior or exterior features which are not visible from an exterior public space or street.
10. Routine maintenance on a preexisting structure.
11. Replacement of dead, damaged, or stolen landscaping, site furniture, paving materials, or lighting that was previously approved.
12. Change of tenant in commercial buildings when the use immediately before the change of tenant was approved by a lawful permit issued under this chapter and there is no change in use on the property. This subsection only applies to a change in tenant that has the same licensing code or NAICS.
13. Roof or deck repair or replacement.
D. The administrative permit application shall include:
1. A description of the use on the property;
2. A statement confirming that the development and use of the property complies and will continue to comply with all applicable federal, state, and local laws;
3. A copy of the wastewater contribution permit or application for the wastewater contribution permit where applicable; and
4. A copy of any required surveys, landscaping, or site plans required for the property.
E. The planner shall confirm that the proposed land use complies with this title. If the planner finds that the land use is in compliance with this title, the planner shall issue the administrative permit no more than 30 business days after receiving a complete application. The planner may postpone the issuance of a permit up to an additional 30 days if the applicant is notified in writing and the planner finds that there is good cause for the extension. Any further extensions of time must be approved by the commission.
F. The planner shall notify an applicant that an application has been received and that it is complete no more than five days after a permit application has been filed. If the planner determines that an application is not complete, the planner must notify an applicant, specify why the application is incomplete, and notify the applicant of the date the application will expire if not completed. An application that is not complete shall expire if not completed within 90 days.
G. An applicant may request a conference with the planner or the planner’s designee before filing a permit application.
H. The city shall impose a fee for the issuance of an administrative permit and the processing of the administrative permit application. This fee is due at the time the application is filed. This fee is not refundable. An application for an administrative permit fee will not be complete until payment of the fee has been made. (Ord. 25-14(AM) § 2, 2025)
16.90.015 Temporary use permits.
A. Except as otherwise provided in this title, an owner proposing a temporary use of land or a building which would otherwise require a permit under provisions of this chapter is required to obtain a temporary use permit prior to any site work except surveying. No temporary use permit is required to erect or construct temporary buildings associated with the construction of a permitted use. A temporary use permit shall be granted so long as the requirements required for that use, if nontemporary, are met. The planner may waive the site plan and landscaping requirements for a temporary use if the planner determines that these requirements are not necessary given the temporary nature of the use. No building or use shall be permitted under this section which requires a variance from the dimensional standards of this title.
B. Within five business days of the expiration of a temporary use permit, all buildings and other materials associated with the temporary use shall be removed from the site and the site restored to a suitable condition prior to the development of the temporary use. The planner’s inspection of the property shall determine compliance. (Ord. 25-14(AM) § 2, 2025)
16.90.020 Site plans.
A. Except as otherwise provided in this title, or expressly waived by the planning commission, approval of a site plan shall be required for any use or structure for which the submission of a site plan is required by this title.
B. Except as otherwise provided in this title or waived by the planner, a site plan shall be prepared and stamped by an architect, professional engineer, or land surveyor, authorized to engage in that profession by the state of Alaska. A site plan prepared for a single-family dwelling or a duplex may be prepared by the owner of the property or the owner’s designee. The planner may not waive this requirement for commercial uses or the construction of multifamily dwellings without approval by the commission.
C. A site plan shall be prepared legibly in ink or pencil on one or more paper, mylar or vellum sheets with dimensions of eight and one-half by 11 inches or 11 by 14 inches. All sheets that are submitted as part of a site plan shall have the same dimensions. A site plan shall be prepared in a standard English engineering scale of one inch equals 50 feet or less.
D. At a minimum, a site plan shall show all of the following items:
1. A title block showing the legal description, street address of the property, the property owner’s name and address, the name and address and firm name of the person who prepared the plan, and the scale of the plan.
2. A true north arrow.
3. All Property Corners. For undeveloped property, all property corners will be located or reset by a registered land surveyor. Record and found lot dimensions will be shown on the site plan, and certified by a registered land surveyor.
4. All easements of record, including any easements or rights-of-way of record that do not appear on the recorded plat for the property, but which would be identified in a title report.
5. All setbacks required for the property under this title.
6. The location and dimensions of existing and proposed utility facilities, on-site water and wastewater facilities, and fuel storage facilities.
7. The location of all lakes, streams, and potential wetlands within 100 feet of any portion of on-site wastewater treatment facilities, or within 75 feet of any existing or proposed structure.
8. The location and horizontal dimensions, expressed to the nearest tenth of a foot, of all existing and proposed permanent structures, and all temporary structures with over 120 square feet of floor area, adequate to determine the distances from each such structure to the nearest lot lines.
9. The location of all existing and proposed vehicular access points.
10. The location and dimensions of existing and proposed parking, with any calculations necessary to show that the applicable parking requirements of this title have been met, and, where more than 10 parking spaces are provided, the location and dimensions of trash facilities and snow storage areas.
11. The parking lot lighting layout, including manufacturer’s catalog cut sheet if more than three fixtures are to be installed.
12. Existing and proposed pedestrian and vehicular access, and on-site circulation improvements, including roadways, driving aisles, sidewalks, trails, paths, curbs and gutters, and catch basins and culverts.
13. Drainage patterns will be identified by relative assumed datum, spot elevations at the property corners, and at the area of the proposed new construction. Drainage arrows will be shown to demonstrate existing and proposed runoff. It is the owner’s responsibility to minimize runoff from parking areas into public streets, adjoining lots or wetlands, and streams or lakes.
14. A site plan shall include any landscape plan required under this title.
E. No site plan is required where:
1. No administrative permit, conditional use permit, or variance is required.
2. The construction involves only an addition to an existing residential structure, so long as the owner submits an as-built survey of the site previously prepared by a registered land surveyor demonstrating that the addition will meet all applicable setback requirements in this title, will not encroach into any easements of record, and the property owner provides an affidavit signed by the owner stating that:
a. All property corners have been located; and
b. The owner is aware of all setback requirements that apply to the site and the owner agrees to bear the cost of removing any improvements that encroach within a required setback area.
3. The commission waives the site plan requirement for the application after considering the recommendations of the public works director and city planner.
F. Except as otherwise provided in this section, after the completion of a structure with more than 250 square feet of gross floor area, the property owner shall submit to the city planner an as-built survey of the site of the structure prepared by a registered land surveyor. A new as-built survey will not be required for construction consisting entirely of an addition to an existing residential structure, an addition to a detached residential accessory structure, or a new detached residential accessory structure no greater than 500 square feet of gross floor area. (Ord. 25-14(AM) § 2, 2025)
16.90.025 Emergency actions.
A. Notwithstanding any regulation to the contrary, emergency actions may be conducted without any approval or permit, subject to the following criteria:
1. The owner shall make reasonable efforts to conduct emergency operations in a manner that avoids or minimizes significant harm to the environment, consistent with the need to protect property or human life.
2. In the event of a natural disaster, fire, uncontrolled release or discharge of oil, petroleum products, or hazardous materials, any person may undertake emergency construction and other activities reasonably necessary to control and contain discharge, consistent with an approved oil spill or other emergency plan.
3. An owner shall inform the planner of any action taken within the scope of this section within 24 hours of the taking of the emergency action. (Ord. 25-14(AM) § 2, 2025)
16.95.005 Conditional use – Scope and purpose.
A. Except as otherwise provided in this title, this chapter applies to the review and approval of conditional use permit applications when a conditional use permit is required by other provisions of this title.
B. A conditional use permit may be granted to approve land uses and structures with special design or site requirements, operating characteristics, or potential adverse effects on surroundings.
C. Nothing in this title shall be construed to require the granting of a conditional use permit, or to limit the commission’s imposition of conditions on an approved conditional use permit. (Ord. 25-14(AM) § 2, 2025)
16.95.010 Conditional use preapplication conference.
A. Preapplication Meeting. Before submitting an application for a conditional use permit, the applicant shall meet with the planner or the planner’s designee in a preapplication meeting and provide such information as is necessary to explain the proposed project. At the preapplication meeting the planner or designee shall:
1. Review the applicant’s proposed use;
2. Inform the applicant regarding the requirements of this chapter which apply to the proposal, including what additional information will be required with the application. The addition or waiver of information does not preclude the commission from requesting additional information and/or waiving information at a future time; and
3. Provide preliminary advice to the applicant regarding compliance of the proposal to the requirements of this title.
B. Preapplication Meeting Waiver. The preapplication meeting may be waived where the planner determines that the preapplication meeting would not materially aid the expeditious processing of the application and the applicant agrees to the waiver. (Ord. 25-14(AM) § 2, 2025)
16.95.015 Application for conditional use permit.
A. An application for a conditional use permit shall be submitted to the city planner on a form provided by the city. The application shall include:
1. Name and mailing address of the owner of the subject lot.
2. Name and mailing address of the applicant for the permit.
3. Legal description and the street address of the subject lot.
4. Narrative description of all proposed uses and structures, specifically identifying those that require conditional use permit approval.
5. Site plan prepared according to this title.
6. Landscape plan prepared according to this title.
7. A map showing neighboring lots and a narrative description of the existing uses of all neighboring lots.
8. All additional information (including any permits, plans and analyses) required by other provisions of this title applicable to the proposed use within the subject zoning district or overlay district.
9. Any additional information the planner may require to determine whether the application satisfies the criteria for issuance of a permit.
10. If the applicant is not the owner of the subject lot, the owner’s signed authorization granting applicant the authority to apply for the conditional use permit and bind the owner to the terms of the conditional use permit, if granted.
11. The applicant’s signed certification that all the information contained in the application is true and correct.
B. The planner will determine if the application is complete. If not complete, the planner will advise the applicant what corrective actions should be taken to complete the application.
C. A filing fee required by the city must be filed with an application for a conditional use permit. (Ord. 25-14(AM) § 2, 2025)
16.95.020 Conditional use review criteria.
The applicant must produce evidence sufficient to enable meaningful review of the application. Unless exceptions or other criteria are stated elsewhere in this code, the application will be reviewed under these criteria:
A. The applicable code authorizes each proposed use and structure by conditional use permit in that zoning district.
B. The proposed use(s) and structure(s) are compatible with the purpose of the zoning district in which the lot is located.
C. The value of the adjoining property will not be negatively affected greater than that anticipated from other permitted or conditionally permitted uses in this district.
D. The proposal is compatible with existing uses of surrounding land.
E. Public services and facilities are or will be, prior to occupancy, adequate to serve the proposed use and structure.
F. Considering harmony in scale, bulk, coverage, and density, generation of traffic, the nature and intensity of the proposed use, and other relevant effects, the proposal will not cause undue harmful effect upon desirable neighborhood character.
G. The proposal will not be unduly detrimental to the health, safety, or welfare of the surrounding area or the city as a whole.
H. The proposal does or will comply with the applicable regulations and conditions specified in this title for such use.
I. The proposal is not contrary to the applicable land use goals and objectives of the comprehensive plan. (Ord. 25-14(AM) § 2, 2025)
16.95.025 Approval of conditional use.
A. The commission will review and may approve, approve with conditions, or deny an application for a conditional use permit. The application shall not be approved unless it is established that the proposal, with conditions, if necessary, satisfies the applicable review criteria.
B. In approving a conditional use permit, the commission may impose such conditions on the use as may be deemed necessary to ensure the proposal does, and will continue to, satisfy the applicable review criteria. Such conditions may include, but are not limited to, one or more of the following:
1. Special yards and spaces.
2. Fences, walls, and screening.
3. Surfacing of vehicular ways and parking areas.
4. Street and road dedications and improvements (or bonds).
5. Control of points of vehicular ingress and egress.
6. Special restrictions on signs.
7. Landscaping.
8. Maintenance of the grounds, buildings, or structures.
9. Control of noise, vibration, odors, lighting, or other similar nuisances.
10. Limitation of time for certain activities.
11. A time period within which the proposed use shall be developed and commence operation.
12. A limit on total duration of use, on the term of the permit, or both.
13. More stringent dimensional requirements, such as lot area or dimensions, setbacks, and building height limitations. Dimensional requirements may be made more lenient by conditional use permit only when such relaxation is authorized by other provisions of the zoning code. Dimensional requirements may not be altered by conditional use permit when and to the extent other provisions of the zoning code expressly prohibit such alterations by conditional use permit.
14. Other conditions necessary to protect the interests of the community and surrounding area, or to protect the health, safety, or welfare of persons residing or working in the vicinity of the subject lot. (Ord. 25-14(AM) § 2, 2025)
16.95.030 Commission conditional use permit hearing and procedures.
A. When the application is determined to be complete, the planner shall schedule a public hearing before the commission and provide notice of the application as specified in WMC 16.115.030, Notice of hearing. The public hearing shall be held within 45 days after determining the application is complete.
B. The commission chair shall distribute a notice of hearing procedures no less than 10 business days before the scheduled hearing. This written notice shall include the order of presentations at the hearings, the time periods allotted for each party testifying before the commission, and the documents of record submitted to the commission for consideration at the hearing.
C. The commission shall, within 45 days of the close of the public hearing, approve, approve with conditions, or disapprove the application. The commission shall promptly issue written findings and reasons supporting its decision.
D. In the event the commission fails to act within 60 days of the close of the public hearing, the application is considered approved with such conditions or limitations as may have been recommended by the planner. The applicant for a conditional use permit may consent in writing to extend the period for action by the commission.
E. Approval of the conditional use shall require the affirmative vote of the majority of members of the commission qualified to vote at the hearing. A member that is not present at the hearing or is present but has been disqualified from participating in the hearing due to conflict of interest or declared bias may not vote on the approval or denial of the permit.
F. If a conditional use permit is denied, the written findings and reasons for that decision shall be approved by those who voted against the permit, even if the number against is less than a majority of the commission. (Ord. 25-14(AM) § 2, 2025)
16.95.035 Conditional use permit issuance.
The planner shall promptly issue a conditional use permit in accordance with a decision of the commission approving an application. (Ord. 25-14(AM) § 2, 2025)
16.95.040 Conditional use permits – Time limitations.
Failure of the applicant to meet any time limits imposed by the conditional use permit is grounds for revocation of the conditional use permit by the commission, after notice to the permittee and public hearing. An extension of any time limit may be granted by the commission following a public hearing on the matter. The commission may grant extensions for any cause it deems sufficient. (Ord. 25-14(AM) § 2, 2025)
16.100.005 PUD scope and purpose.
A planned unit development (“PUD”) is a device that allows a development to be planned and built as a unit, or as phased units, and permits flexibility and variation in many of the traditional controls related to density, land use, setback, open space and other design elements. A PUD also allows for efficient timing and sequencing of the construction. (Ord. 25-14(AM) § 2, 2025)
16.100.010 Planned unit development.
A. A PUD may consist of residential, unspecified, commercial, industrial, or a combination of these uses, subject to any limitations or exceptions provided in this title.
B. In every PUD and during every stage of development of the PUD, at least 60 percent of the uses in the PUD must be uses that are listed as permitted outright or conditionally within the zoning district in which it is located. To satisfy this standard, the total floor area plus exterior lot area occupied by uses listed as permitted outright or conditionally in the zoning district must be not less than 60 percent of the total of floor area plus exterior lot area occupied by all uses in the PUD. (Ord. 25-14(AM) § 2, 2025)
16.100.015 Development plan.
A. A conditional use permit application and a development plan for a PUD shall be submitted to the city for administrative review and recommendation to the commission. The PUD development plan shall include the following:
1. A statement of purpose and objective;
2. A specific plan of development, including a designation of land uses by relative intensity and the land area intended for each land use;
3. A program of development outlining the stages of future development and the phase for current approval;
4. The time schedule for construction and completion of all stages and all phases;
5. A narrative description demonstrating the independence of each stage;
6. The general location and size of the area involved and the nature of the land owner’s interest in the land to be developed;
7. The density of land use to be allocated to parts of the area to be developed;
8. The location, function, ownership, and manner of maintenance of common open space for the management during construction; and management during each phase of development, the final management of the completed development;
9. The use, height, bulk, and location of buildings and other structures;
10. A utilities and drainage plan;
11. The substance of covenants, grants of easement or other restrictions to be imposed upon the use of the land, buildings and structures, including proposed easements for public utilities and public access;
12. A plan showing parking, loading areas, snow removal, and storage areas; the location and width of proposed streets and public ways; and the relationship of new or existing streets and other public facilities in proximity to the planned development;
13. In the case of plans that call for development over a period of years, a schedule showing the time within which an application for final approval of all parts of the planned development is intended to be filed;
14. A list of all permits required from local, state, and federal agencies for the uses proposed in the PUD;
15. Site plans in compliance with this title and sufficient to depict the above-listed requirements or other conditions required by the planner;
16. A description of methods to be employed to ensure maintenance of any common areas and facilities shall be submitted;
17. Calculations showing the requirements of this chapter will be satisfied; and
18. Where practical and safe, and where other means of access have not been provided, public access easements or dedications may be required to provide access to contiguous public lands or connections with existing or proposed nonmotorized transportation corridors.
B. The planner will review the conditional use permit application and development plan to determine their completeness. If adequate information is available to allow for commission review, the application will be scheduled before the commission as a conditional use permit application. (Ord. 25-14(AM) § 2, 2025)
16.100.020 PUD – Commission review.
A. The commission will review the application and development plan according to provisions applicable to conditional use permits, planned unit developments, and the zoning district in which the PUD is to be located.
B. If the commission determines that the PUD development plan does not satisfy the conditional use permit standards and requirements, or is not consistent with good design, efficient use of the site, or community standards, the commission shall deny the application.
C. If the commission determines that the PUD development plan does satisfy the conditional use permit standards and requirements, and is consistent with good design, efficient use of the site and community standards, the commission may approve the development plan and a conditional use permit with such modifications or conditions that it deems necessary to protect the public health, safety, and welfare of the community and the surrounding area.
D. In any event, the commission shall adopt written findings of fact and conclusions that are supported by substantial evidence in the record and adequately set forth the basis for the decision. (Ord. 25-14(AM) § 2, 2025)
16.100.025 Residential PUDs.
A. A residential PUD, which is any PUD that includes any residential uses, shall comply with the requirements and conditions of this section. If a residential PUD also contains commercial, unspecified or industrial uses, it must also comply with WMC 16.100.030, Commercial, unspecified, and industrial PUDs. For purposes of this section, “unspecified” means a use that is not commercial, industrial or residential.
B. Connections to public water and sewer utilities, if available, shall be provided as part of the PUD. If public water and sewer utilities are not available, systems provided must be approved by the state of Alaska Department of Environmental Conservation.
C. Density.
1. Maximum floor area in the PUD shall not exceed 0.4 times the gross land area;
2. Total open area shall be at least 1.1 times the total floor area;
3. For purposes of subsection (C)(2) of this section, open area shall not include areas used for parking or maneuvering incidental to parking or vehicular access. Open area may include walkways, landscaped areas, sitting areas, recreation space, and other amenities. All open area shall be suitably improved for its intended use but open area containing natural features worthy of preservation may be left unimproved.
D. Common Open Space.
1. All or a portion of the open area may be set aside as common open space for the benefit, use, and enjoyment of present and future residents of the development.
2. The development schedule that is part of the development plan must coordinate the improvement of the common open space with the construction of residential dwellings in the planned development.
3. For any areas to be held under any form of common ownership, a written description of the owner’s intentions for the creation of legally enforceable future maintenance provisions shall be submitted with the conditional use permit application. The description shall indicate whether membership of property owners in an association for maintenance of the common area will be mandatory.
E. Perimeter Requirements. If topographical or other barriers do not provide adequate privacy for uses adjacent to the PUD, the commission may impose conditions to provide adequate privacy, including, without limitation, one or both of the following requirements:
1. Structures located on the perimeter of the planned development must be set back a distance sufficient to protect the privacy of adjacent uses.
2. Structures on the perimeter must be permanently screened by a fence, wall, planting or other measures sufficient to protect the privacy of adjacent uses.
F. Dimensional Requirements. Dimensional requirements may be varied from the requirements of the district within which the PUD is located. All departures from those requirements will be evaluated against the following criteria:
1. Privacy. The minimum building spacing is one method of providing privacy within the dwelling. Building spacing may be reduced where:
a. Windows are placed in only one or two facing walls;
b. There are no windows;
c. The builder provides adequate screening for windows; or
d. The windows are at a height or location that provides adequate privacy.
2. Light and Air. The building spacing provides one method of ensuring that each room has adequate light and air. Building spacing may be reduced where there are no windows, or very small window areas, and where rooms have adequate provisions for light and air from another direction.
3. Use. Where areas between buildings are to be used as service yards for storage of trash, clotheslines, or other utilitarian purposes for both buildings, then a reduction of building space permitting effective design of a utility space may be permitted. Kitchens and garages are suitable uses for rooms abutting such utility yards.
4. Building Configuration. Where building configuration is irregular so that the needs expressed in subsections (F)(1), (F)(2), and (F)(3) of this section are met by the building configuration, reduced building spacing may be permitted.
5. Front Yard. Where the PUD provides privacy by reducing traffic flow through street layouts such as cul-de-sacs, or by screening or planting, or by fencing the structure toward open space or a pedestrian way, or through the room layout, the right-of-way setback requirement may be reduced.
6. Lot Width. A minimum lot width is intended to prevent the construction of long, narrow buildings with inadequate privacy, light, and air. There are situations as in cul-de-sacs, steep slopes or offset lots where, because of lot configuration or topography, narrow or irregular lots provide the best possible design. Where the design is such that light, air, and privacy can be provided, especially for living spaces and bedrooms, a narrower lot width may be permitted. (Ord. 25-14(AM) § 2, 2025)
16.100.030 Commercial, unspecified, and industrial PUDs.
A. Any PUD that contains any commercial, noncommercial, or industrial use shall comply with the requirements and conditions of this section. If residential use is included in the PUD, it shall also comply with WMC 16.100.025, Residential PUDs.
1. For purposes of this section, a commercial use is defined as an occupation, employment, or enterprise that is carried on for profit that is not an industrial use.
2. For purposes of this section, an industrial use is defined as a use engaged in the processing or manufacturing of materials or products, including processing, fabrication, assembly, treatment, packaging, storage, sales, or distribution of such products.
3. For purposes of this section, an unspecified use is a use that is neither residential, commercial, nor industrial.
B. A PUD that includes commercial, unspecified, or industrial uses shall comply with the following requirements and conditions:
1. The PUD site shall have direct access to an arterial or collector street.
2. Utilities, roads, and other essential services must be constructed, installed, and available for the immediate use of occupants of the PUD.
3. The PUD shall be developed with a unified architectural treatment in exterior building materials, colors, and design features.
C. If topographical or other barriers do not provide adequate privacy for uses adjacent to the PUD, the commission may impose conditions to provide adequate privacy, including, without limitation, one or both of following requirements:
1. Structures located on the perimeter of the planned development must be set back a distance sufficient to protect the privacy of adjacent uses.
2. Structures on the perimeter must be permanently screened by a fence, wall, planting, or other measures sufficient to protect the privacy of adjacent uses.
D. Dimensional Requirements. Setbacks and distances between buildings within the development shall be at least equivalent to that required by the zoning district in which the PUD is located unless the applicant demonstrates that:
1. A better or more appropriate design can be achieved by not applying the provisions of the zoning district; and
2. Adherence to the dimensional requirements of the zoning district is not required in order to protect health, safety, and welfare of the occupants of the development and the surrounding area.
E. The site development standards of WMC 16.100.015, Development plan, shall be met. (Ord. 25-14(AM) § 2, 2025)
16.100.035 CUP time limit.
After the conditional use permit application and development plan for a PUD are approved by the commission, construction of the PUD must begin within two years of the approval of the conditional use permit. The commission may extend the time to begin construction by not more than two additional years for good cause shown. If construction is not begun within such time, including any extensions granted, the conditional use permit and development plan approvals will lapse, and the conditional use permit and development plan must be resubmitted to the commission for reapproval. After a lapse of one year or more, a new conditional use permit application and PUD development plan cannot be reapproved and must be submitted to the commission as a new application for complete reconsideration. (Ord. 25-14(AM) § 2, 2025)
16.105.005 Subdivision review and approval.
A. All subdivisions are reviewed as an administrative approval. No subdivision of land may be given final approval until the planner has certified that requirements of this title and/or other ordinances of the city have been satisfied, and that guarantees satisfactory to the city have been provided for all improvements required as a condition of approval of the subdivision plat. The city shall provide the borough with a copy of all conditions imposed on the permit. To ensure the installation of on-site and off-site required improvements, the developer shall guarantee the installation of those improvements by one or a combination of the methods specified in this chapter. The guarantee must be approved as to method and form by the city attorney and the public works director. (Ord. 25-14(AM) § 2, 2025)
16.105.010 Compliance.
When, in the judgment of the planner, landscaping or improvements are deemed in need of reconstruction, repair, or maintenance during the first year after date of preliminary acceptance, the developer shall be notified in writing, by certified mail, outlining the areas of discrepancy and the required remedial action. If satisfactory remedial action is not taken within the period specified by the planner, the city may cause the improvements or landscaping to be maintained at the property owner’s expense. (Ord. 25-14(AM) § 2, 2025)
16.105.015 Public improvements.
All required improvements must be installed by the developer to the boundaries of the development, and shall be designed to provide for future extension to, and service of, contiguous areas.
A. The public works director in consultation with the commission may establish standards for improvements that may be required under this chapter. Such standards become effective upon approval by the council by resolution. Improvement standards are applicable to all subdivisions of land or approvals in this chapter.
B. The public works director shall maintain a public construction standards manual of approved standards. The design, criteria, specifications, and standard details in this manual are minimum standards for the design of improvements, kind and use of materials, and methods of construction of roadways and appurtenances, alleys, drainage, and other improvements, unless the requirements of the borough or other government agency are greater.
C. It is the policy of the city to adhere to these standards and specifications; however, if the design standards cannot be followed due to unusual terrain, soil characteristics, or drainage, the engineer may consider alternate solutions and may approve changes when substantiated by a design analysis prepared and certified by an engineer to be equal in performance and safety to the standards in this manual, or may require changes if the standards are inadequate to address a specific situation.
D. All plans, surveys, soil reports, or design documents of public improvements submitted by the developer must be certified by a registered professional engineer or surveyor. This certification must signify that the documents were prepared by the engineer or under the engineer’s direct supervision, and in accordance with the laws of the state of Alaska governing such practices.
E. The street system must be devised for the most advantageous development of the entire neighborhood and appropriate contribution to regional transportation. (Ord. 25-14(AM) § 2, 2025)
16.105.020 Subdivision improvement construction.
A. No person may begin construction of any community water system, community sewer system, or drainage facilities until the developer has complied with WMC Chapters 13.04, 13.08 and 13.12. No person may begin construction of any improvement until they have:
1. Submitted to the public works director a detailed method of construction, which may include an engineered plan and profile drawings at the option of the public works director, as well as cost and time schedule of all public improvements within the development;
2. Submitted to the public works director required approvals from all other governmental agencies; and
3. Received from the public works director written approval to proceed with construction and have paid the required inspection fees.
B. After the improvements are constructed, evidence of construction and approved as-built drawings must be submitted to the public works director by the developer’s engineer.
C. Improvements must be conveyed to the city by a bill of sale or deed. (Ord. 25-14(AM) § 2, 2025)
16.105.025 Improvement inspections and guarantee.
The public works director shall review and approve or reject all plans for improvements to be constructed as a condition of a subdivision plat or development permit under this chapter. Upon completion of improvements, the public works director may inspect and shall approve or reject the improvements. After approval of improvements, the public works director shall make such certifications as may be required or appropriate. (Ord. 25-14(AM) § 2, 2025)
16.105.030 Acceptance – Release of guarantee.
The following method must be used for acceptance of improvements and release of guarantees:
A. Preliminary acceptance after installation must be in writing from the council via resolution after written approval has been received from the engineer;
B. Final inspection must be made by the engineer prior to release of the maintenance or warranty period guarantee. All defects must be corrected prior to final acceptance;
C. Final acceptance of the improvements and release of any maintenance and warranty period guarantee must be in writing by the council by resolution after written approval of the engineer;
D. Upon vacation of a plat or portion thereof, the guarantee may be released if no lots have been conveyed or improved. (Ord. 25-14(AM) § 2, 2025)
16.110.005 General.
A variance may be granted by the planning commission to provide relief when strict enforcement of this title would deprive a property owner of the reasonable use of the lot. (Ord. 25-14(AM) § 2, 2025)
16.110.010 Conditions precedent to granting variance.
A. All of the following conditions shall exist before a variance may be granted by the commission:
1. Strict application of a provision of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district.
2. Special conditions and circumstances exist that are particular to the land or structures involved, and are not applicable to other lands and structures in the same district.
3. The special conditions and circumstances that require the variance have not been caused by the applicant.
B. Financial hardship or inconvenience shall not be the sole reason for granting a variance.
C. If approved, a variance shall be the minimum variance necessary to permit the reasonable use of the land or structure.
D. A variance shall not be granted that will permit a land use in a district in which that use is otherwise prohibited. (Ord. 25-14(AM) § 2, 2025)
16.110.015 Application for a variance.
A. Application for a variance shall be filed with the city planner. The application shall include, but is not limited to, all of the following:
1. All of the information required for a conditional use permit application, but referring to the requested variance instead of a conditional use.
2. A precise description of the variance requested, including each section, paragraph, and sentence of the title from which the applicant wishes to deviate.
3. A written narrative describing how the application satisfies each of the requirements identified in this chapter.
B. An application for a variance shall be reviewed by the planning commission following, to the extent practicable, the procedures for reviewing a conditional use permit application, except as provided in subsection (C) of this section.
C. If the commission fails to act on a variance application within 45 days after the close of the public hearing, the application is deemed denied for failure to prove entitlement to the variance. The time to appeal such denial begins to run on the forty-sixth day following the close of the public hearing. (Ord. 25-14(AM) § 2, 2025)