A. Rules of Construction. The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:
1. The word “lot” shall include the words “plot,” “parcel,” or “tract”;
B. Definitions. For purposes of this title, the words and terms defined herein shall be defined and interpreted as follows:
“Abut” or “abutting” means to have a common property line or zoning district line.
“Access” means a means of vehicular or pedestrian approach, entry to, or exit from property.
“Accessory Use.” See “Use, accessory.”
“Adequate” means sufficient and/or satisfactory in terms of public health and safety requirements.
“Adjacent” means touching or contiguous.
“Adult cabaret” means an establishment which features:
2. Live performances which are characterized by the exposure of “specified sexual activities” or “specified anatomical areas,” as defined in this section; or
3. Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas,” as defined in this section.
“Adult entertainment facility” means an establishment having as a substantial or significant portion of its stock in trade, or derives a substantial or significant portion of its annual revenues or devotes a substantial or significant portion of its interior business or annual advertising, or maintains a substantial or significant section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
1. Books, magazines, other periodicals, motion picture films, video cassettes, photographs, films, compact discs, slides, or other visual representations, and other materials which are distinguished or characterized by their emphasis on matter depicting or describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined in this section.
“Agribusiness” means a business directly related to and supportive of an agricultural use as defined herein.
“Agriculture” means the cultivation of the soil or nutrient solution, including but not limited to indoor agriculture, the growing of crops and/or plants, animal and poultry husbandry, dairying, grazing and accessory uses customarily incidental to agricultural activities. This definition does not include commercial cultivation of marijuana.
“Agriculture, commercial” means conducting the business of agriculture with the intent to sell the products of the enterprise for profit.
“Agriculture, indoor” means agriculture entirely indoors within a fully enclosed facility for any purpose including but not limited to commercial or retail. This definition does not include animal and poultry husbandry, dairying, or grazing.
“Airport, heliport, and aircraft landing fields” means a tract of land or a structure, and requisite clear zone, used or intended for use for the landing and take-off of private and commercial aircraft, together with all buildings and structures normally associated with such use including, but not limited to, accessory hangars, control towers and accommodations for passengers and cargo.
“Alley” means a right-of-way designed and intended to provide a secondary means of public access to abutting properties and not intended for general traffic circulation.
“Alteration” means any change in size and shape of a building.
“Amnesty relief” means relief from any enforcement of certain existing violations of this title.
“Amusement establishment” means a building which may offer a variety of recreational facilities including, but not limited to, pool halls, miniature golf courses, driving ranges, amusement parks, skating rinks, electronic game rooms and bowling alleys.
“Animal boarding facility” means a building or out-of-doors area in which animals are kept, whether or not for consideration.
“Animal hospital or clinic” means a building used for the care, observation and treatment of animals.
“Antenna” means a device, dish, or array used to transmit or receive telecommunications signals. This definition is not intended to include private residence mounted satellite dishes or television antennas or amateur radio equipment including ham or citizen band radio antennas.
“Appeal” means a means for obtaining review of a decision, determination, order or failure to act pursuant to the terms and provisions of this title.
“Arcade” means any facility, legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement containing a minimum of 10 pinball and/or video machines.
“Archery range” means a building or area designed for the purpose of shooting arrows from bows at a designated target for commercial or educational purposes, but not including private sighting ranges as defined herein.
“Auditorium” means a building designed or intended for use for the gathering of people as an audience to hear music, lectures, plays and other presentations.
“Automobile and motor vehicle sales” means a building or an open area used for the display, sale or rental of new or used automobiles or other motor vehicles.
“Automobile car wash” means a building or portion thereof where automobiles and trucks are washed and/or polished using a conveyor, blower, steam-cleaning equipment or other mechanical devices of a production line nature, or such equipment of a wholly self-service nature.
“Automobile service and repair” means a building or portion thereof designed or used for major servicing, repairing and equipping such as body and fender repair, engine rebuilding and painting of automobiles, but not including junkyards as defined herein.
“Automobile service station” means a building or portion thereof where gasoline, diesel fuel and other automobile fuels or oils are offered for sale directly to the public and where minor automobile service and repair such as tune-ups, oil change, winterization and repairs may be offered. Automobile service stations do not include automobile sales, automobile service and repair, and junkyards as defined herein.
“Banquet hall” means a room, building, or outdoor venue arranged for the purpose of hosting a party, banquet, wedding, or other reception, intended to be made available for rent by the public.
“Basement” means a fully enclosed, finished or unfinished area located beneath a structure’s first floor having a wall height greater than four feet.
“Bed and breakfast homestay” means a facility with one to four guestrooms where lodging with or without meals is provided for compensation to transient guests on a day-to-day basis.
“Bed and breakfast residence” means a facility with five to nine guestrooms where lodging with or without meals is provided for compensation to transient guests on a day-to-day basis.
“Bedroom” means a room marketed and/or designed to function primarily for sleeping by humans.
“Beehive” means a movable frame structure used for the housing of honey bees.
“Beneficial land application” means the spreading, spraying, or injection of biosolids onto or just beneath the surface of the land with the distinct objective of using the beneficial properties of the biosolids to enhance the structure of the soil or to supply nutrients to the vegetation.
“Biosolids” means a solid, semi-solid, or liquid residue generated during treatment of domestic sewage in a treatment works, including domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from biosolids; biosolids does not include ash generated during the firing of biosolids in a biosolids incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.
“Boarder” means an individual other than a member of the family occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services in return for consideration.
“Brewery” means an establishment, licensed by the state, where beer is manufactured and bottled or barreled for sale.
“Brewpub” means an establishment, licensed by the state, where beer is manufactured on the premises in conjunction with a restaurant and where 25 percent or more of the beer produced on the premises is sold on the premises.
“Buffer landscape” means a continuous landscape area which separates and partially obstructs the view of two separate zoning districts from one another. Buffer landscaping must provide year-round screening. Buffer landscaping may include berms and approved decorative fences in conjunction with required trees and shrubs.
“Building” means a structure for the support, shelter or enclosure of persons, animals, chattel or property of any kind. A building shall include such extended structures as arctic entries, balconies, carports, decks, exterior stairways, garages, porches, wannigans and windows. Where independent units with separate entrances are not joined by a common wall and/or ceiling or floor, each unit shall be considered as a separate building. This definition does not include a fence or retaining wall.
“Building, accessory” means a building which is subordinate to and serves a principal building or use. An accessory building is subordinate in extent and/or purpose to the principal building or use and contributes to the comfort, convenience, and/or necessity of the occupants of the principal building or use being served.
“Building, conforming” means a building which complies with all of the regulations of this title or any amendment thereto and is designed or intended for a use allowed in the zoning district in which it is located.
“Building height” means the vertical distance of a building measured from the average elevation of the finished grade within five feet of the building to the highest point of the building.
“Building, nonconforming” means a building the size, dimension or location of which was lawful prior to the adoption, revision or amendment to this title, but fails by reason of the adoption, revision or amendment to conform to the present requirements of the zoning district in which it is located.
“Building, principal” means a building in which is conducted the principal use of the lot on which it is located.
“Building, temporary” means any building not designed or intended to be permanently located, placed or affixed in the place where it is located.
“Cemetery” means a parcel of land, used in whole or in part, for four or more interred bodies of deceased persons or animals and for the erection of customary markers, monuments and mausoleums.
“Child care center” means a state licensed child care facility for 13 or more children under the age of 13.
“Child care group home” means a state licensed child care facility, usually in an occupied residence, for nine to 12 children under the age of 13.
“Child care home” means a state licensed child care facility, usually in an occupied residence, for no more than eight children under the age of 13.
“Church buildings” means buildings and accessory structures and land uses which are primarily intended for conducting regularly scheduled religious services, and associated accessory uses such as convents, monasteries, rectories, day care, schools and other religious educational uses. This definition is not intended to include home worship, Bible study, or other similar activities which are permitted as accessory uses of residential dwelling units.
“Club” or “lodge” means a building, along with accessory structures and facilities, which is designed or primarily intended to accommodate an association of persons and in which the buildings, structures and facilities are limited and restricted to members and their guests. This definition does not include home meetings or other similar activities.
“Collocation” means the use of a single support structure by more than one telecommunications carrier or broadcaster.
“Commercial” means a land or business enterprise engaged in the buying and/or selling of goods and/or services.
“Commercial outdoor recreation” means a commercial use that focuses on recreation opportunities undertaken predominantly in the outdoors on natural landscapes. This definition excludes recreation buildings, amusement establishments, kennels, and accessory overnight lodging with more than nine guestrooms. Examples of commercial outdoor recreation include aurora viewing, off-highway vehicle tours, and dog sled tours.
“Communications tower, major” means a tower, pole, or similar guyed or fixed structure that supports a communications antenna which exceeds the height limitations of a minor communications tower. A major communications tower is a principal building under this title.
“Communications tower, minor” means any tower, pole, or similar guyed or fixed structure that supports a communications antenna, other than a small wireless facility, which does not exceed the greater of 80 feet in height from adjacent ground level or 30 feet above the roof of any building atop which the tower may be constructed. Antennas which are directly attached to building facades and do not extend above the established roof line are exempt from this title. A minor communications tower is not a principal building under this title.
“Community garden, neighborhood” means the cultivation of the soil, or the growing of crops or plants on a lot or zoning lot for personal use, trade, or sale off site with the area under cultivation not exceeding 10,000 square feet. A community garden may be divided into separate plots for cultivation by individuals or families, or the area may be farmed collectively by members of a group. This definition does not include the cultivation of marijuana.
“Community garden, regional” means the cultivation of the soil, or the growing of crops or plants on a lot or zoning lot for personal use, trade, or sale off site with the area under cultivation exceeding 10,000 square feet. A community garden may be divided into separate plots for cultivation by individuals or families, or the area may be farmed collectively by members of a group. This definition does not include the cultivation of marijuana.
“Compost” means a mixture of organic wastes partially decomposed by aerobic and/or anaerobic bacteria to an intermediate state, forming a humus-like material. If organic wastes include biosolids, the publicly owned treatment works (POTW) (e.g., Fairbanks Municipal Utilities System) providing the source of biosolids must certify that the compost meets Environmental Protection Agency (EPA) standards for exceptional quality biosolids as described in 40 CFR Part 503 regulations as of February 13, 1993, or as most recently amended.
“Comprehensive Plan” means a composite of the Fairbanks North Star Borough (FNSB) Comprehensive Plan, all accompanying maps, charts and explanatory material adopted by the FNSB Assembly, and all amendments thereto.
“Constitution, U.S. Fifth Amendment” requires compensation to be paid land owner when denied land use, i.e., eminent domain.
“Convenience establishment” means a commercial enterprise designed and intended to serve daily or frequent shopping or service needs of the general consumer population. Automobile service stations and repair garages are specifically excluded from this definition. Retail sale of gasoline as an accessory use is included in this definition.
“Correctional facilities” means a center, which means a correctional restitution center, as defined by 22 AAC 05.660(30); or a correctional facility, which means a prison, jail, camp, prison farm, halfway house, or other placement designated by the Commissioner of Department of Corrections for custody, care, and discipline of prisoners.
“Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
“Crawlspace” means an enclosed space beneath the first floor of a structure with a wall height no greater than four feet measured from the bottom of the floor joist to the top of the footer. It is used for visual inspection of the structure, access to plumbing, heating ducts, or electrical wiring.
“Disability” means any individual with a qualifying disability as defined by the Americans with Disabilities Act 42 USCA Section 12101 et seq. and the Fair Housing Act, 42 USCA Section 3601 et seq. including any future amendments thereto. This definition includes:
1. An individual with a physical or mental impairment that substantially limits one or more of such individual’s major life activities; or
2. An individual who has record of having such an impairment; or
3. An individual who is regarded as having such an impairment, but the term impairment does not include current, illegal use of or active addiction to a controlled substance.
“Distillery, craft” means a facility, licensed by the state, that produces alcoholic beverages by distillation in quantities not to exceed 50,000 gallons per year. A craft distillery may not produce beer or wine. The square footage of such a facility dedicated to the craft distillery and associated uses shall be no greater than 10,000 square feet.
“Dormitory” means a building used as group living quarters for students, members of a religious order, or employees, as an accessory use for a college, university, boarding school, orphanage, convent, monastery, other institutional use, or industrial use.
“Duplex.” See “Dwelling, two-family attached.”
“Dwelling” means a building or portion thereof designed or used exclusively for residential purposes, but not including hotels, motels, guest rooms, boarding homes, group homes, nursing homes, mobile homes or trailers.
“Dwelling, attached” means a dwelling unit which is attached to another dwelling unit by a common wall or vertical cavity wall extending from the floor to the ceiling and from exterior wall to exterior wall, or by a horizontal structural floor extending from exterior wall to exterior wall.
“Dwelling, detached” means a dwelling unit which is entirely surrounded by open space on the same lot and not connected in any manner to another dwelling.
“Dwelling, multiple-family” means one building consisting of three or more dwelling units, each of which is attached to at least one other dwelling unit, by a common wall or vertical cavity wall extending from the ground to the roof and from exterior wall to exterior wall, or by a horizontal structural floor extending from exterior wall to exterior wall.
“Dwelling, single-family detached” means a detached dwelling designed for and intended for use by one family.
“Dwelling, two-family attached” means one building consisting of two dwelling units attached by a common wall or vertical cavity wall extending from the floor to the ceiling and from exterior wall to exterior wall, or a horizontal structural floor extending from exterior wall to exterior wall.
“Dwelling unit” means a room or group of rooms constituting all or part of a dwelling which are arranged, designed, used or intended for use exclusively as living quarters for one family, including washing, sleeping, cooking and eating facilities. This definition includes a manufactured home but not a mobile home.
“Efficiency unit” means a dwelling unit containing only one habitable room, sometimes referred to as a studio apartment.
“Engineer” means an engineer registered and licensed in Alaska and in good standing with the State Licensing Board.
“Entertainment facility” means a building or place whose principal use includes regularly scheduled sports, entertainment or meeting events and is designed to service large crowds of people at one time. Examples include professional sports stadiums and arenas, convention centers, Assembly halls and auditoriums, movie theaters and live performance venues.
“Fairgrounds” means an open space or exhibition facility where at regular intervals there is entertainment, amusement facilities, educational displays, the barter and sale of goods, and exhibition, often competitive, of farm, household, international and manufactured products.
“Family” means an individual or:
1. Two or more persons living in a dwelling unit who are related to each other by blood, marriage, adoption or other means of legal custody;
2. A group of not more than two persons not all so related;
3. A group of not more than two persons not all so related living together as a single housekeeping unit, except that children with familial status within the meaning of the Fair Housing Act will not be counted as unrelated persons; or
4. A group of not more than two persons not all so related living together as a single housekeeping unit; except, that persons with disabilities within the meaning of the Fair Housing Act and the Americans with Disabilities Act will not be counted unrelated persons.
However, the maximum occupancy shall be limited as follows: at least one bedroom for every four occupants, with at least 50 square feet per occupant in each multiple-person bedroom and at least 70 square feet in each single-person bedroom.
“Fence” means an artificial barrier of any material or combination of materials erected to enclose or screen areas of land excluding vegetation.
“Fence, decorative” shall mean an open fence other than a chain link or barbed wire fence intended to decorate, accent, or frame a feature of the landscape. Decorative fences are often used to identify a lot corner or lot line, or frame a driveway, walkway, or planting bed. Decorative fences shall include but not be limited to split rail, picket, wrought iron, and similar open fences.
“Flag” means any fabric or other flexible material attached or designed to be attached on one side in order to be flown from a flagpole or other similar device.
“Flagpole” means a single pole structure that is freestanding or is attached to a building and used for the sole purpose of displaying flags.
“Flood damage-resistant material” means any building product (material, component or system) capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage.
“Flood hazard area” means those areas contained within the 100-year floodplain which is designated as Flood Zone A on the most current FNSB Flood Insurance Rate Map.
“Floor area, gross” means the horizontal area of a floor or several floors of a building measured from the exterior faces of exterior walls. Where a building is not wholly surrounded by exterior walls, the gross floor area shall be that area between the vertical projection of the roof or floor above.
“Floor area, net” means the horizontal area of a floor or several floors of a building measured from the interior faces of exterior walls, excluding those areas not directly devoted to the principal or accessory use of the building such as storage areas, stairwells, elevator shafts, courts, etc.
“Foundation, permanent” means a supporting substructure of a building permanently affixed to the ground such as a concrete or masonry foundation, thickened edge slab-on grade, driven or drilled piles, spread footings, and continuous footing. This definition excludes skids or other nonpermanent, movable support substructures.
“Garage” means a building, or part thereof, used or designed to be used for the parking and storage of vehicles.
“Garage, repair” means any building or premises which is designed and used for the purposes of performing major automotive mechanical repairs or body work and other customary and incidentally related activities.
“Grade” means the rate of rise or descent of a sloping surface.
“Grade, finished” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk, within five feet from the building.
“Grandfather Rights.” See “Building, nonconforming,” “lot, nonconforming,” and “use, nonconforming.”
“Group home” means a residential facility located in a dwelling or other structure intended for human habitation, the principal use of which is to serve as a place for persons seeking assistance, rehabilitation, recovery or self-help, except for persons defined in this section as a family.
“Guest house” means an accessory building, designed as a detached dwelling unit subordinate in size to and located on the same lot as the principal single-family detached dwelling or mobile home it serves. A guest house may be a mobile home in zoning districts where mobile homes are permitted uses.
“Hazardous substances” means substances as defined in FNSBC 18.96.120.
“Home occupation” means a business, profession, occupation or trade, excluding commercial marijuana establishments in residential zones (RE, RR, SF, TF, MF, MFO), located entirely within a dwelling unit or a dwelling unit’s accessory building, which is accessory, incidental, secondary and subordinate to the residential use of the dwelling unit and does not change the essential residential character or appearance of such building or neighborhood in which it is located.
“Hospital and clinic” means an institution providing health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and may include as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities.
“Hostel” is a budget-oriented, sociable accommodation where guests can rent for a limited duration a bed, usually a bunk bed, in a dormitory-like setting and share a bathroom, lounge and sometimes a kitchen.
“Hotel” means a facility having more than three rooms where transient lodging accommodations are offered to the general public, and where additional services such as restaurants, meeting rooms and recreational facilities may be provided.
“Housing facility owned by a public housing authority with children as residents” means rental housing owned and operated by a public housing authority that allows tenancy by families with children as residents. Senior housing facilities are excluded.
“Interested persons” means those individuals who are required in this title to be mailed specific notice of a quasi-judicial hearing or who provide an affidavit or other adequate proof that they reside within that hearing notification area or who timely apply to participate and prove that they possess a specific property interest that may be significantly affected by the proposed action in a way different than that of the general public. For purposes of verbal testimony only, interested persons include, when the applicant is a public entity (including an agency, political subdivision or other component unit of the public entity), the citizens of that public entity.
“Interior parking lot screening” means landscaping consisting of approved trees and shrubs that provide a natural and partial barrier or buffer to break up the large interior expanse of the parking lot. Under this definition, interior parking lot shall consist of all on-site parking spaces including access roadways and parking aisles; interior parking lot screening does not include the first row of street perimeter parking or island extensions of street or perimeter landscaping.
“Junk” means worn out, dismantled, inoperable or wrecked aircraft, vehicles or machinery or parts thereof, mobile homes or trailers, appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap or discarded materials.
“Junkyard” means the use of more than 1,000 square feet of a lot or parcels under common ownership for a salvaging operation, including but not limited to the storage or sale of junk or the collection, dismantlement, storage or salvage of junk. This definition does not include:
1. Any unlicensed or inoperative vehicles that are not dismantled, salvaged or otherwise in a state of disrepair and which are totally obscured from view from adjacent property at all times of the year by a sight-obscuring fence; and
2. Any unlicensed and operative vehicles which are used in the normal course of business on the property on which they are stored.
“Kennels, major” means a lot on which more than 24 dogs or cats, six months of age and older, are maintained out-of-doors, or in unheated buildings.
“Kennels, minor” means a lot on which no fewer than five and no more than 24 dogs or cats, six months of age and older, are maintained out-of-doors or in unheated buildings.
“Large scale development” means either: (1) a retail or wholesale building or buildings, located on a zoning lot and which building(s), individually or cumulatively, exceed(s) 55,000 square feet of gross floor area; or (2) an entertainment facility exceeding 40,000 square feet and which has a seating capacity of 800 people or more. For purposes of this definition, gross floor area shall consist of the sum of the gross horizontal areas of all floors within the inside perimeter of the exterior walls of the structure and tenant space. The gross floor area and seating capacities of adjacent buildings shall be aggregated when the establishments are under common ownership or control, sell merchandise of a similar nature, or otherwise operate as associated, integrated or cooperative business enterprises.
“Lawful” means not in violation of any local, state or federal law.
“Livestock, commercial” means any quantity of farm animals kept with the intention of selling related goods and/or services.
“Livestock, domestic” means any quantity of farm animals raised and/or kept for personal use, occasional competitive use (e.g., 4H, FFA, etc.), or incidental sales of animal products.
“Livestock, urban” means the small-scale keeping of rabbits, chickens, ducks, geese, turkeys, miniature goats, goats, sheep, llamas, alpacas, and honey bees, where permitted, outdoors or in an accessory structure, for personal use, occasional competitive use, or incidental sales of animal products.
“Lot” means a parcel of land, established by plat, subdivision or otherwise permitted by law, adequate for occupancy by a use allowed herein, providing yards, buildable area, and off-street parking as required herein.
“Lot area” means the area of horizontal plane bounded by the vertical planes through front, side and rear lot lines.
“Lot, corner” means a lot of which at least two adjacent sides abut, for their full length, upon intersecting streets; provided, that the interior angle at the intersection of such two adjacent sides is less than 135 degrees.
“Lot depth” means the average horizontal distance between the front lot line and the rear lot line, measured within the lot boundaries. For purposes of this definition, on corner lots the front lot line shall be that front lot line with the shortest dimension.
“Lot, interior” means a lot other than a corner lot with frontage only on one street.
“Lot line, front” means a lot line abutting the right-of-way or easement of a public or private street or road, except for frontage on alleys and roads designated by DOT&PF as controlled access facilities. Lot lines along alleys and designated controlled access facilities shall be classified as rear lot lines.
“Lot line, rear” means a lot line which is most distant from and is approximately parallel to the front lot line.
“Lot line, side” means a lot line which is not a front lot line or a rear lot line.
“Lot, nonconforming” means a lot, the area, dimensions and/or location of which was lawfully established prior to the adoption, revision or amendment of this title, but by reason of such adoption, revision or amendment fails to conform to the present requirements of the zoning district in which it is located.
“Lot, through” means a lot other than a corner lot with frontage on more than one street.
“Lot width” means the horizontal distance between the side lot lines of a lot measured within the lot boundary along the line established as the minimum required front yard for the zoning district in which the lot is located.
“Lot, zoning” means a parcel or contiguous parcels of land designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A “zoning lot” may or may not coincide with a “lot.”
“Manufactured home” means a dwelling unit designed for a long-term human habitation and having complete living facilities, all parts and systems being fabricated and assembled at a factory into at least two finished, transportable components which are designed to be temporarily attached to a wheeled carriage for transportation to building site and then joined for use on a permanent foundation.
“Marijuana” means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. “Marijuana” does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
“Marijuana cultivation facility, indoor large” means a legally licensed, fully enclosed commercial marijuana cultivation facility as defined by state law, in which all growing, preparation and packaging activities are conducted completely indoors. Net floor area of all cultivation facility structures does not exceed 10,000 square feet.
“Marijuana cultivation facility, indoor small” means a legally licensed, fully enclosed commercial marijuana cultivation facility as defined by state law, in which all growing, preparation and packaging activities are conducted completely indoors. Net floor area of all cultivation facility structures does not exceed 1,500 square feet.
“Marijuana cultivation facility, indoor unlimited” means a legally licensed, fully enclosed commercial marijuana cultivation facility as defined by state law, in which all growing, preparation and packaging activities are conducted completely indoors and for which the net floor area of all cultivation facility structures exceeds 10,000 square feet.
“Marijuana cultivation facility, outdoor limited” means a legally licensed, commercial marijuana cultivation facility as defined by state law in which any portion of the growing, preparation and packaging activities are conducted outdoors or within buildings that are not fully enclosed or which utilize odor-permeable materials. Area of the marijuana cultivation facility does not exceed 20 percent of the total parcel area, including all land planted with marijuana and the net floor area of all temporary and permanent buildings utilized to grow, prepare and package marijuana.
“Marijuana cultivation facility, outdoor unlimited” means a legally licensed, commercial marijuana cultivation facility as defined by state law in which any portion of the growing, preparation and packaging activities are conducted outdoors or within buildings that are not fully enclosed or which utilize odor-permeable materials. Area of the marijuana cultivation facility exceeds 20 percent of the total parcel area, including all land planted with marijuana and the net floor area of all temporary and permanent buildings utilized to grow, prepare and package marijuana.
“Marijuana establishment” means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store, or a marijuana retail agricultural accessory facility.
“Marijuana product manufacturing facility, limited” means a legally licensed commercial marijuana product manufacturing facility as defined by state law, that packages, prepares or processes marijuana into a value-added form or product subject to testing, but excluding extraction processes utilizing hazardous substances, volatile chemicals or explosive materials or processes. Net floor area of the marijuana product manufacturing facility does not exceed 10,000 square feet.
“Marijuana product manufacturing facility, unlimited” means a legally licensed commercial marijuana product manufacturing facility as defined by state law that processes marijuana into a product via any means that utilizes hazardous substances, volatile chemicals or explosive materials or processes, including, but not limited to, propane or butane, or for which the net floor area exceeds 10,000 square feet.
“Marijuana products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
“Marijuana retail agricultural accessory facility” means a legally licensed commercial marijuana agricultural retail facility that sells only marijuana plants, seeds and packaged marijuana grown at the legally licensed commercial marijuana cultivation facility located on the same lot. The agricultural accessory retail facility shall be clearly incidental and accessory to the marijuana cultivation facility and does not exceed a maximum of 1,000 square feet in net floor area.
“Marijuana testing facility” means a legally licensed commercial marijuana testing facility as defined by state law that is registered to analyze and certify the safety and potency of marijuana and marijuana products.
“Market garden” means a small-scale production of food-producing or ornamental plants grown incidentally for commercial purposes using a variety of growing techniques including in soil, container, or nutrient solution, in conjunction with and clearly subordinate to a residential use on the same lot or zoning lot. This definition does not include the cultivation of marijuana.
“Microbrewery” means an establishment, licensed by the state, where beer is manufactured on the premises and then sold or distributed, and that produces less than 15,000 barrels (a barrel is approximately 31 gallons) per year, and serving less than 36 ounces per customer per day for consumption on premises (e.g., in a tasting room).
“Mineral lands” means those lands with known economic mineral values, or which, through geologic interference, are suspected to have economic mineral values which are locatable, leasable and salable according to state law.
“Miniature goats” means those goats commonly known as pygmy or dwarf.
“Mining” means the taking from the ground, for commercial use or processing, of ore, metallic and nonmetallic rock, or other inorganic material, or coal.
“Ministorage” means a building or group of buildings that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of a customer’s goods or wares.
“Mobile home” means a structure built on a chassis, with a body width not less than eight feet and a body length not less than 32 feet, originally designed to be used for residential purposes, with or without a permanent foundation whether it is occupied or unoccupied or used for residential purposes.
“Mobile home park” means any parcel or parcels, under single ownership or control, with spaces designated for long-term residential use and intended for rent or lease exclusively for the occupancy of three or more mobile homes.
“Mobile home subdivision” means a tract of land, subdivided into lots, designated and developed for long-term residential use and intended for sale where the residences may be comprised of mobile homes.
“Motel” means a facility having more than three rooms where transient lodging accommodations are offered to the general public with at least 25 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. A motel may also provide additional services such as restaurants, meeting rooms and recreational facilities.
“Motor and rail freight terminal” means a building or premises where goods are transferred from a truck or train to a storage area or to other trucks or trains, or picked up by other forms of transportation.
“Multifamily Residence.” See “Dwelling, multiple-family.”
“Muzzleloader” means a firearm for which firing components (e.g., black powder and projectile(s)) are loaded separately into the muzzle end of the firearm.
“Natural elevation” means the elevation of the ground surface prior to disturbance of the ground for development including, but not limited to, excavation, fill, landscaping, berming or construction.
“Natural resource extraction” means commercial or industrial operations involving removal of timber, native vegetation, peat, muck, topsoil, fill, sand, gravel or any other operations having similar characteristics.
“Neighborhood dumpster” means a container intended for use by neighborhood residents as a depository and collection point for solid waste generated by households.
“Nude or nudity” means the appearance or display of specified anatomical areas.
“Occupancy” means the purpose for which a building or parcel of land, or part thereof, is used or intended to be used.
“Off-street” means an area located entirely outside of the dedicated right-of-way of a street or alley.
“Outside storage” means the collection of materials whether a principal or accessory use of a lot; this is open to the air and under the sky. This definition does not include the collection of material defined as a junkyard.
“Owner” means a person holding title to a parcel or lot in accordance with the records of the office of the district recorder.
“Parking lot” means a private, commercial or public off-street parking facility or area.
“Parking lot surface improvement” means existing parking lots which are upgraded with a paved or chip and asphalt surface.
“Perimeter parking lot screening” means landscaping consisting of approved trees and shrubs that provide a natural and partial barrier or buffer between an interior property line and a parking lot.
“Permanent foundation for a manufactured home” means a foundation under a manufactured home which is necessary for the support of the manufactured home placed upon it.
“Petrochemical plant” means a building, structure or premises where the extraction of petrochemicals from natural gas or crude oil and the processing of those petrochemicals into commercially marketable products occurs.
“Playground” means any outdoor facility, including any parking lot appurtenant thereto, intended for recreation other than team sports, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swing sets, and teeterboards.
“Playing field” means an outdoor recreational area for team sports designed to accommodate two or more teams engaged in athletic competition.
“Private sighting range” means an individual shooting range or archery range for personal use where shooting is periodic or occasional and no user fee or membership fee is charged.
“Professional office” means an enterprise, organization or place where consulting, record keeping and the work of a person or persons in the following occupations is done:
1. Accountants, auditors, tax experts;
2. Audio recording studios;
3. Architects, engineers, surveyors;
4. Consulting services;
5. Doctors, dentists, psychologists, optometrists, chiropractors;
6. Geologists, geophysicists;
7. Insurance offices;
8. Laboratory technicians and laboratories, excluding outdoor living facilities for animals;
10. Messenger, telegraph, telecommunications, answering services;
11. Photography studios;
12. Public typists, stenographers, court reporters;
13. Real estate brokers, appraisers, abstractors;
15. Other professional office uses comparable and similar in operation, appearance, conduct and occupation as those listed above.
“Public dumping site” means a site, containing one or more neighborhood dumpsters, intended for use by the general public as a depository and collection point for solid waste generated by households.
“Recreation building” or “community center” means a building or group of buildings offering recreational facilities including, but not limited to, gymnasiums, swimming pools, ice rinks, exercise facilities, meeting rooms and clubs, as distinguished from private clubs or lodges.
“Retail building” means a building whose principal use is the sale of goods or commodities in small quantities directly to consumers.
“Retail marijuana store” means a legally licensed commercial retail marijuana store as defined by state law. A retail marijuana store may sell marijuana accessories as defined by state law.
“Retaining wall” means a wall that holds back earth material, independent of any other structure.
“Roominghouse” means a dwelling unit or portion thereof, other than a hotel, motel or guest room, in which lodging is provided by the owner or operator to five or more boarders for consideration.
“Sanitary landfill” means an area of land used for final disposal of solid waste in a manner approved by the Alaska Department of Environmental Conservation. For purposes of this chapter, solid waste does not include biosolids, when used for agricultural purposes or beneficial land application, compost material, or coal ash.
“School buildings” means buildings, except church buildings as defined, used primarily for teaching and instruction on a daily basis as its primary use, including elementary and secondary schools and colleges. This definition does not include trade/technical/vocational school.
“Screen” means a method of reducing the visual impact of vehicle use areas and garbage collection areas. Screens may consist of berms, approved plants, fences, walls or a combination thereof. Trash and garbage screens shall be 75 percent opaque.
“Screen, sight-obscuring” means a year-round shield of sufficient height and volume to block from sight one abutting or nearby structure or use from another. This may include, but is not limited to, densely planted vegetation, decorative fencing or earthen berms, or a combination thereof.
“Setback.” See “Yard.”
“Sewer and water system, community” means a publicly-regulated utility system which provides for sewage disposal or potable water distribution, or both.
“Sexually oriented business” means an adult entertainment facility or adult cabaret as defined in this section.
“Shopping center” means a group of commercial establishments planned, constructed, developed and managed as a unit with off-street parking provided on site.
“Shooting lane” means a portion of an outdoor shooting range bounded by the location from which firearms are intended to be discharged and the backstop.
“Shooting range, indoor” means an establishment located within a building that is specifically designed for the discharge of firearms in a controlled setting for the purposes of training, recreational shooting, target practice or competitions, but not including private sighting ranges as defined herein.
“Shooting range, outdoor” means an outdoor establishment that is specifically designed for the discharge of firearms in a controlled setting for the purposes of training, recreational shooting, target practice, skeet or trap shooting, or competitions, but not including private sighting ranges as defined herein.
“Shooting range, outdoor permitted” means an outdoor shooting range that meets the standards set forth in the supplementary regulations in this title (Chapter 18.96 FNSBC).
“Sign” means any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public, but excluding flags.
“Sign area” means the entire face or display surface of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure.
“Sign, government” means a sign that is constructed, placed or maintained by a government agency or a sign that is required to be constructed, placed or maintained by a government agency either directly or to enforce a property owner’s rights.
“Sign, illuminated” means any sign illuminated in any way by an artificial light source.
“Sign, incendiary” means a sign containing words that have a direct tendency to cause, and that is posted with the intent to cause, immediate acts of violence or breach of the peace.
“Sign, legal nonconforming” means any sign which was lawfully established prior to the adoption, revision or amendment to this title, but which fails, by reason of such adoption, revision or amendment, to conform to the requirements of the zoning district in which it is located.
“Sign, obscene” means a sign or display that, taken as a whole, describes or exhibits nudity, sexual conduct, or sexual excitement and predominantly appeals to prurient or morbid interests, is patently offensive as determined by contemporary community standards, and that, when taken as a whole, lacks serious literary, artistic, political, or scientific value.
“Sign, roof” means a sign that is mounted on the roof of a building and is wholly dependent upon a building for support.
“Sign, temporary” means a sign designed or intended to be displayed and which is displayed for a period of time not to exceed six months and which has no flashing, animated or moving parts.
“Sign, vehicle” means any sign attached to or displayed on an operable and licensed vehicle.
“Single-Family Residence.” See “Dwelling, single-family detached.”
“Small wireless facility” means a type of wireless communications infrastructure that is typically in the form of small antennas mounted on a structure of limited height together with small associated equipment for the purpose of enabling wireless communication between user equipment and a communications network and that meets the standards set forth in the supplementary regulations in this title (Chapter 18.96 FNSBC). A small wireless facility is not a principal building under this title.
“Solid waste processing facility” means a facility designed for the processing or treatment of solid waste, other than for just temporary storage, prior to final disposal of the solid waste.
“Special limitation” means a provision adopted by ordinance which restricts the permitted principal uses and structures otherwise allowed in a zoning district or which requires compliance with site design standards not otherwise required by zoning district regulations.
“Specified anatomical area” means:
1. Less than completely and opaquely covered:
a. Human genitals or pubic region;
b. Buttocks; and
c. Female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activity” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, sodomy, or any acts of bestiality;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
“Street furniture” means human-made, aboveground objects and pieces of equipment installed in or adjacent to a right-of-way or public access easement including but not limited to benches, mail boxes, utility poles and lines, parking meters, memorials, manhole covers, public art, hydrants, waste receptacles and other similar features.
“Street parking lot screening” means landscaping consisting of approved trees and shrubs that provide a natural and partial barrier or buffer between a street or public right-of-way and a parking lot.
“Street, road or highway” means a public or private right-of-way or easement which is designated as a permanent right-of-way for common use as the primary means of vehicular access to properties abutting it.
“Structure.” See “Building.”
“Substantial or significant” means, as it pertains to adult entertainment facilities, 25 percent or greater.
“Supreme Court, U.S.” The decisions on land use and uses, to which the Borough will conform.
“Swimming pool” means any public facility, including any parking lot appurtenant thereto, intended for the purposes of swimming and other water-related recreational activities.
“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
“Trade/technical/vocational school” means a school on a secondary or post secondary level that offers instruction and practical experience in skilled trades, including, but not limited to, aviation, mechanics, carpentry, plumbing and construction.
“Trailer park” means a parcel of land used for the parking of two or more travel trailers occupied or intended to be occupied on the parcel.
“Transfer station” means a facility, located within a permanent building, designed to be used as a central solid waste depository and collection point for a subregion.
“Transit amenities” means transit passenger shelters and other related items or structures directly related to the purposes of transit stops and intended for use by transit passengers.
“Trash and garbage areas” means exterior centralized areas that include dumpsters, garbage receptacles, bins and trash cans.
“Travel trailer” means any vehicle or similar portable structure used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels.
“Use” means the purpose for which land and/or a building is arranged, designed, intended, occupied or maintained.
“Use, accessory” means a use which is clearly and customarily incidental and subordinate to the principal use of a building or premises and which is located on the same zoning lot as the principal use or building.
“Use, conforming” means the use of a building or premises which complies with all of the applicable use regulations of the zoning district in which said building or premises is located.
“Use, nonconforming” means a use which was lawfully established prior to the adoption, revision or amendment of this title, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district in which it is located.
“Use, permitted” means any use of a building or premises which is or may be lawfully established in a particular zoning district, provided it conforms with all requirements and regulations of this title for the zoning district in which such use is, or is proposed to be, located.
“Use, principal” means the main, major and dominant use of a building or premises as distinguished from an accessory use.
“Use, similar and comparable” means those uses or activities which may exist within the same zoning district, not otherwise prohibited in that zoning district, which are alike in general appearance or nature and do not create a physical or social impact within the zoning district different than other permitted uses.
“Variance” means a departure from the numerical standards of this title.
“Variance, highway project” means a departure from the numerical standards of this chapter as a result of right-of-way acquisition for purposes of construction or widening public roads.
“Wall, common” means an interior wall that separates and distinguishes two or more uses located in the same building. A common wall shall be an area separation wall as defined by the 1997 Edition of the Uniform Building Code.
“Wall, exterior” means a wall fully exposed to the air and which forms the perimeter of a building. Where a building is not wholly surrounded by exterior walls, then the exterior wall shall be considered as the vertical projection of the roof or floor above. The definition does not include those exterior walls which, because of an offset design, are an extension of a two-family or multiple-family attached dwelling’s common wall.
“Wall, interior” means a wall located wholly within a building which separates different rooms and/or uses of said building, as distinguished from an exterior wall.
“Wholesale building” means a building whose principal use is the sale of goods in large quantities, as for resale by a retailer.
“Yard” means an open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends parallel to a lot line to a depth or width, measured at a right angle from said lot line, specified in the minimum required yard regulations for the zoning district in which the zoning lot is located.
“Yard, front” means a yard which is bounded by both:
1. A zoning lot’s side lot lines and the front lot line or the front lot line and the rear lot line if on a corner lot; and
2. A line parallel to the front lot line located at a depth being the minimum allowable distance from any exterior wall of any principal buildings to the front lot line as specified in the minimum required front yard regulations of the zoning district in which the lot is located.
“Yard, rear” means a yard which is bounded by both:
1. A zoning lot’s side line and the rear lot line or the front lot line and the side lot line if on a corner lot; and
2. A line parallel to the rear lot line located at a depth being the minimum allowable distance from any exterior wall of any principal buildings to the rear lot line as specified in the minimum required rear yard regulations of the zoning district in which the zoning lot is located.
“Yard, side” means a yard which is bounded by a zoning lot’s side lot line, the required front yard line, the required rear yard line, and a line parallel to the side lot line located at a width being the minimum allowable distance from an exterior wall of any principal buildings to the side lot line as specified in the minimum required side yard regulations of the zoning district in which the zoning lot is located.
“Youth center” means any public or private recreational facility and/or gymnasium, including any parking lot appurtenant thereto, intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.
“Zero lot line home” means the location of a dwelling unit on a lot in such a manner that one or more of the dwelling unit’s exterior walls lies directly on a lot line without any yard between the exterior wall and the lot line.
“Zoning district” means a portion of the Fairbanks North Star Borough within which certain uniform uses are permitted and within which other uniform restrictions as to size, bulk and location of buildings are imposed by this title. (Ord. 2021-23 § 2, 2021; Ord. 2020-06 § 2, 2020; Ord. 2019-32 § 2, 2019; Ord. 2019-10 § 2, 2019; Ord. 2019-09 § 2, 2019; Ord. 2018-40 § 2, 2019; Ord. 2018-25 § 2, 2018; Ord. 2018-14 § 2, 2018; Ord. 2018-12 § 2, 2018; Ord. 2017-72 § 2, 2018; Ord. 2017-21 § 2, 2017; Ord. 2017-19 § 2, 2017; Ord. 2017-14 § 3, 2017; Ord. 2016-41 §§ 2, 3, 2016; Ord. 2016-40 §§ 75, 76, 2016; Ord. 2016-13 § 2, 2016; Ord. 2016-09 § 3, 2016; Ord. 2015-74 § 3, 2016; Ord. 2015-67 § 2, 2016; Ord. 2015-41 § 2, 2015; Ord. 2015-26 §§ 2, 3, 2015; Ord. 2014-23 § 2, 2014; Ord. 2012-58 § 2, 2013; Ord. 2012-22 § 2, 2012; Ord. 2009-05 § 2, 2009; Ord. 2008-70 § 2, 2009; Ord. 2007-04 § 3, 2007; Ord. 2006-82 §§ 2, 3, 2007; Ord. 2006-68 § 2, 2006; Ord. 2005-29 § 3, 2005; Ord. 2005-21 § 3, 2005; Ord. 2002-04 § 2, 2002; Ord. 2001-04 § 3, 2001; Ord. 2000-30 § 2, 2000; Ord. 98-032 § 5, 1998; Ord. 97-013 § 2, 1997; Ord. 94-067 § 2, 1994; Ord. 94-047 § 2, 1994; Ord. 93-064 §§ 2, 3, 1994; Ord. 93-037 § 2, 1993; Ord. 93-006 § 2, 1993; Ord. 92-024 § 2, 1992; Ord. 92-006 § 2, 1992; Ord. 90-023 § 2, 1990; Ord. 90-007 § 2, 1990; Ord. 89-099 § 2, 1990; Ord. 88-070 § 2, 1988; Ord. 88-010 § 2, 1988. 2004 Code § 18.06.010.)