16.16.060 Specific approval criteria | Wasilla Municipal Code

16.16.060 Specific approval criteria.

The following uses are subject to the preceding general approval criteria and these additional approval standards:

A. Home Occupation. Limited commercial activity may be allowed in a dwelling unit provided that:

1. No more than one person, in addition to members of the household that reside on the premises, may engage in such occupation;

2. The use of the dwelling unit or detached appurtenance for the home occupation is clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 30 percent of the combined floor area of the dwelling and appurtenance is used in the conduct of the home occupation;

3. There is no significant change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, illuminated by indirect lighting only and mounted flat against the wall of the principal building.

4. Traffic is not generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood;

5. Equipment or process is not used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference, detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

6. Outdoor storage of materials or equipment will not be allowed unless adequately screened.

B. Day Care. The following standards apply:

1. A day care facility may provide care for no more than 25 children or adults in the R1 and R2 zoning districts.

2. Day care facilities in the RR zoning district may request approval of a conditional use permit by the planning commission to provide care for more than 25 children or adults provided that they meet all of the following criteria:

a. Total lot area of 40,000 square feet or more;

b. Frontage and direct access onto a roadway with an Arterial, Major Collector, Minor Collector, or Commercial street classification as designated in the City of Wasilla Official Streets and Highway Plan;

c. Does not share a lot line with a property zoned R1 or R2 (this does not include lots that only touch at a property corner); and

d. Must provide screening required in WMC 16.33.060(D).

3. Play areas must be adequately screened and buffered from adjacent residential property.

C. Helipad. A helipad that is not located at an airport or heliport will be allowed only for incidental emergency use as an accessory to a permitted principal use such as a hospital or public facility and may not be used for routine transportation, parking, maintenance, fueling, storage or operations of a helicopter.

D. Junkyard. No junkyard shall be established or operated unless it is completely obscured from view of any traveled or public right-of-way or adjacent properties with a noncompatible use (i.e., residential, commercial). The planner or commission may require a continuous solid fence to prevent the unsightly display of the yard. The fencing provided shall be continuous and of sufficient height and density to provide visual screening required by this chapter on a year-round basis.

E. Farm Animals, Poultry, and Beehives. Farm animals, poultry, and beehives are allowed as indicated in the district use chart in WMC 16.20.020(A) as an accessory use subject to the standards below. The uses identified in this section are not subject to the provisions in WMC Title 7. The keeping of these uses consistent with the terms of this title does not in and of itself constitute a nuisance or a disturbance.

1. Farm Animals. The keeping of farm animals is allowed, subject to the following standards:

i. Lots with a minimum of two acres total lot area are permitted the following quantities of farm animals. Additional farm animals in the quantities indicated below may be allowed for each additional acre of lot area:

(A) Two farm animals (e.g., cows, horses, pigs, and other similar size animals) with an adult weight typically equal to or greater than 250 pounds per animal; or

(B) Ten farm animals (e.g., goats, sheep, and other similar size animals) with an adult weight typically less than 250 pounds per animal but greater than 25 pounds per animal; and/or

(C) Fifty farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) with an adult weight typically equal to or less than 25 pounds per animal.

(D) In addition to the farm animals(s) permitted above, additional juvenile farm animals may be approved as a temporary use for up to six months by the city planner; provided, that a determination is made that the additional animal(s) will not create a nuisance or disturb nearby property owners.

ii. Lots with a minimum of 40,000 square feet total lot area are permitted the following quantities of farm animals:

(A) One farm animal (e.g., cows, horses, pigs, and other similar size animals) with an adult weight typically equal to or greater than 250 pounds per animal; or

(B) Five farm animals (e.g., goats, sheep, and other similar size animals) with an adult weight typically less than 250 pounds per animal but greater than 25 pounds per animal; and/or

(C) Twenty-five farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) with an adult weight typically equal to or less than 25 pounds per animal.

(D) In addition to the farm animal(s) permitted above, additional juvenile farm animals may be approved as a temporary use for up to six months by the city planner; provided, that a determination is made that the additional animal(s) will not create a nuisance or disturb nearby property owners;

i. Lots with a minimum of 40,000 square feet total lot area are permitted the following quantities of farm animals. Additional farm animals in the quantities indicated below may be allowed for each additional 40,000 square feet of lot area:

(A) One horse; or

(B) Twenty-five farm animals (e.g., rabbits, chinchillas, mink, and other similar size animals) with an adult weight typically equal to or less than 25 pounds per animal.

(C) In addition to the farm animal(s) permitted above, a maximum of two additional juvenile farm animals may be approved as a temporary use for up to six months by the city planner; provided, that a determination is made that the additional animal(s) will not create a nuisance or disturb nearby property owners;

c. A suitable fence must be provided to safely contain the farm animal(s);

d. All fenced areas, pens, enclosures, stables, shelters, food storage areas/structures, or other similar buildings or improvements for a farm animal must be a minimum of 25 feet from any exterior lot line. For lots with more than one dwelling on the same lot, the areas above must also be a minimum of 25 feet from all other dwellings on the lot except the dwelling of the farm animal owner;

e. All fenced areas, pens, enclosures, stables, shelters, or other similar buildings or uses for a farm animal must be a minimum of 100 feet from the high-water mark of any water course or body of water, excluding manmade ponds on private property;

f. All facilities shall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells and substances to the greatest extent feasible. The facilities may not create a nuisance nor disturb neighboring residents due to excessive noise, odor, damage, or threats to public health. No storage of manure or other waste materials shall be permitted within 50 feet of any exterior lot line; and

g. If the applicant does not own the property, written proof of the owner’s consent must be submitted with the permit application.

h. An administrative approval permit may be approved by the city planner to allow the temporary addition of one additional farm animal for a period of up to six months.

2. Poultry. The keeping of poultry is allowed as an accessory use subject to the following standards:

a. Excessively noisy poultry including, but not limited to, roosters, turkeys, guinea fowl, peacocks, or geese are prohibited unless the total lot area is a minimum of 80,000 square feet and the animals and supporting structures and pens are a minimum of 100 feet from an adjoining lot;

b. All poultry must be contained by a suitable structure, fenced enclosure, pen, and/or fenced area that safely contains the poultry at all times. All structures, enclosures, and pens must meet the following dimensional standards:

i. Maximum height of structures, coops, enclosures, or runs is 15 feet in height;

ii. All facilities shall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells and substances to the greatest extent feasible. The facility may not create a nuisance or disturb neighboring residents due to excessive noise, odor, damage, or threats to public health;

iii. Chicken coops or other shelters may not be located in a front yard or side yard that abuts a street in the R1, R2, and RM zoning districts; and

iv. Free-ranging within fenced yards is only allowed under direct supervision by the poultry owner and with the consent of all tenants and/or property owners who have legal access to the premises at the time of permit application;

c. No storage of manure shall be permitted within 50 feet of the exterior lot line;

d. If the applicant does not own the property, written proof of the owner’s consent must be submitted with the application;

e. All structures, runs, and enclosures must be a minimum of 25 feet from residential dwellings on neighboring lots. For lots with more than one dwelling on the same lot, the structures, runs, and enclosures must also be a minimum of 25 feet from all other dwellings on the lot except the poultry owner’s dwelling;

f. On lots with a total area less than 40,000 square feet, the following additional standards apply:

i. Maximum of six poultry on lots up to 20,000 square feet and a maximum of 12 poultry on lots greater than 20,000 square feet and less than 40,000 square feet. Poultry under the age of six months do count toward the maximum number of permitted poultry;

g. On lots with a total area of 40,000 square feet or greater, the following additional standards apply:

i. Maximum of 15 poultry on lots between 40,000 square feet but less than 50,000 square feet; an additional three poultry are allowed for each additional full 10,000 square feet of lot area. No proration of the number of poultry is allowed for lots with less than an additional full 10,000 square feet of lot area. Poultry under the age of six months do not count toward the maximum number of poultry permitted above for lots greater than 80,000 square feet in area. For lots less than 80,000 square feet, in addition to the maximum number of poultry allowed above, an additional 24 poultry under the age of six months may be approved as a temporary use for up to six months by the city planner; and

h. In the industrial zoning district, poultry is only allowed as an accessory use to a primary industrial use.

3. Beehives. The following standards apply:

a. Beehives are allowed in all zoning districts as an accessory use;

b. Four beehives are allowed per 10,000 square feet of lot area. No proration of the number of beehives is allowed for lots with less than an additional full 10,000 square feet of lot area;

c. Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end, colonies shall:

i. Be situated at least 25 feet from any lot line not in common ownership; or

ii. Oriented with entrances facing away from adjacent property; or

iii. Placed at least eight feet above ground level; or

iv. Placed behind a fence at least six feet in height and extending at least 10 feet beyond each hive in both directions;

d. The maximum height for a beehive at ground level is eight feet measured from the base of the beehive, inclusive of any temporary or permanent stand or foundation. Beehives are permitted on rooftops or elevated decks; provided, that the beehive does not exceed five feet in height above the surface of the rooftop or deck and the rooftop or deck is a minimum of eight feet above ground level;

e. If the applicant does not own the property, written proof of the owner’s consent must be submitted with the application; and

f. All beekeeping shall comply with applicable laws and regulations.

4. Nonconforming Use. Those possessing farm animals in compliance with the provisions of city code in effect immediately prior to July 22, 2019, may be grandfathered in as a nonconforming use if they possess or obtain the necessary permit from the planning department by January 22, 2020. Permits for nonconforming uses described in this section will remain valid so long as the permit holder is compliant with the provisions of city code in existence immediately prior to July 22, 2019. This permit and the exemption for the nonconforming use are not transferable and will lapse upon transfer, sale, lease, or sublease of the property.

F. Resource Extraction. A permit for the commercial extraction of a natural resource may be issued with such reasonable conditions as necessary. The use must meet all other pertinent requirements of this title and include an acceptable operation and reclamation plan that addresses the following concerns and assures that the adverse impact of the operation is minimized and the site will be left in a safe, stable and environmentally and aesthetically acceptable condition:

1. Methods and process of reclamation including stockpiling of topsoil for reuse;

2. Initial site conditions including existing land use, vegetation, soils, geology and hydrology;

3. Limits of operational areas;

4. Days and hours of operation;

5. Traffic patterns;

6. Fencing and screening;

7. Control of dust and noise;

8. Phasing of operations and reclamation steps;

9. Final condition of site including:

a. Relation to adjoining land forms and drainage features,

b. Relation of reclaimed site to planned or established uses of the surrounding area,

c. Demonstration that the final land form will have a viable land use compatible with land use trends in the surrounding area;

10. Methods to minimize potential conflict with existing uses that are significantly impacted by the development.

G. Adult Business. An adult business may be allowed in the commercial district, subject to conditions, if separated from any residential zoned (RR, R1, R2, RM) lot line, public or private school, preschool, educational institution, church or other religious facility, public or private park, and from a youth oriented facility or business by a buffer distance of at least 1,200 feet.

H. Bed and Breakfast (B&B). A bed and breakfast may be allowed as an accessory to a residential use provided that the use of the dwelling unit or detached building for the B&B is clearly incidental and subordinate to the use for residential purposes by its occupants. One sign, not exceeding four square feet in area, illuminated by indirect lighting and on the same lot as the B&B use is allowed.

I. Correctional Facility or Transitional Home for Criminals. Correctional facilities or transitional homes for criminals may be allowed if separated from any business licensed to serve alcohol beverages or package store, public or private school, preschool, educational institution, church or other religious facility, or youth oriented facility or business by a buffer distance of at least 1,200 feet. The lot on which the facility is located may not border on a lot line of a residential area. Suitable buffering must be constructed and building(s) containing the principal use must be set back from any adjoining residential district lot line by a minimum of 50 feet. Lighting must be provided at all developed pedestrian and vehicular access points. Additional lighting may be required by the commission. The minimum lot area for these uses is 40,000 square feet for up to 12 beds. Each additional 12 beds or less requires an additional 20,000 square feet of lot area. The bond requirements set forth herein are based upon, in part on past incidents of harm to the general public involving injury to and criminal acts perpetrated upon residents of south-central Alaska by clients/inmates of transitional criminal facilities; and further based upon the desirable precautions that are more likely to be taken to avoid such harm to the public when financial security is at risk in the event of harm to the public caused by clients/inmates of transitional criminal facilities. Prior to initiation of operation of a transitional home or correctional facility, the developer shall post a bond in the amount of no less than $75,000 per client inmate bed that the facility is licensed to maintain. The bond shall be payable upon the event of damage to property or injury to persons caused by or perpetrated by a client/inmate while a resident of the facility and be written by a corporate surety of veritable financial accountability or other comparable form that assures the fiscal responsibility of the entity or person(s) underwriting the bond. The bond requirement set forth herein shall not apply to facilities owned and operated by the state of Alaska and/or a municipal subdivision of the state of Alaska.

J. Kennel/Cattery. A kennel/cattery may be allowed if a site plan is approved and the kennel/cattery building, dog runs or other outside housing area is separated from any residential zoned lot line by a minimum of 50 feet.

K. Outdoor Firing Range. An outdoor firing range shall conform to the following standards:

1. Minimum Lot Area. The lot on which an outdoor firing range is located shall have a minimum area of 20 acres.

2. Setbacks. The area that includes the location where firearms are discharged, the line of fire, and the backstop, shall be set back at least 100 feet from:

a. Any lot boundary; and

b. Any structure intended for human occupancy, except for structures located behind the firing line.

3. Safety Features. An outdoor firing range shall incorporate appropriate measures for the safety of users and the general public, including without limitation a backstop behind each target area consisting of an earth mound or dugout of sufficient dimension to stop projectiles, and fencing or an equally effective equivalent method of preventing casual access into the line of fire. Notwithstanding the above, a firing range for the purpose of shooting trap or skeet shall not be required to provide a backstop.

4. Accessory Uses. An outdoor firing range may include accessory uses such as retail sales, snack shop, and short-term rental of firearms for use only on the premises. The sale of alcoholic beverages is prohibited.

L. Mobile Food Vendor. A mobile food vendor may be allowed on private property, subject to reasonable conditions; provided, that it meets the following:

1. General. A mobile food vendor is a temporary food service operation.

2. Exemptions. Mobile food vendors do not require a land use permit for the following locations:

a. City-owned parks (appropriate vendor permits must be obtained from the city);

b. One-day events on private residential property where the food is not sold to the general public (e.g., catering a private party); or

c. Temporary special events on private property when the event has obtained a temporary use permit.

d. Activities and vendors not requiring a city business license, such as garage sales and lemonade stands, are exempt.

3. Annual Permit Application and Fee. Except as provided above, a land use permit is required for a mobile food vendor operating throughout the year or a portion thereof. An annual land use permit is required for each calendar year and is issued on or after January 1 and expires on December 31 of the year in which it was issued. If an application is submitted in the month of December, the permit will be issued for the remainder of the current year and the following calendar year. The application must be submitted on forms provided by the city with the appropriate fee and must include all of the following information:

a. Owner/Applicant Information. The name, address, mailing address, email address, and telephone number of the mobile food vendor owner and the owner of the property.

b. Site Plan. A site plan showing the proposed location(s) of the mobile food vendor and indicating safe ingress/egress from right-of-way to mobile food vendor location. Additional locations may be added to the permit throughout the year without additional permit fees. However, each additional location must meet all of the requirements in this subsection.

c. Physical description, dimensions, and photographs of the mobile food vendor cart/vehicle and information regarding water supply, fuel supply, and waste disposal.

d. Insurance. A certificate of insurance for a general liability insurance policy, in the minimum coverage amount of $100,000 personal injury per occurrence and $50,000 property damage, naming the city of Wasilla as additional insureds. The certificate shall provide that the city will be notified at least 30 days before the policy is modified or terminated.

e. Licensing. Proof of applicable licenses or permits required by city, borough, and state agencies must be submitted to the city planner prior to operation.

f. Acknowledgement. Notarized acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a mobile food vendor within the city limits.

g. Other Information. Any other information deemed reasonably necessary by the city planner to administer this section.

a. The applicant has the burden of proof to demonstrate compliance with each of the applicable criteria for approval or renewal of the mobile food vendor permit. The approval criteria also operate as continuing code compliance obligations of the owner. Staff may verify evidence submitted with the permit application and the applicant shall cooperate fully in any investigation. To receive approval, an applicant must demonstrate that all approval criteria listed below have been satisfied:

i. Zoning. The zoning for the property is in compliance with the requirements of this title.

ii. Site. The site upon which the mobile food vendor is to be located is adequate in size and shape to safely accommodate said use.

iii. Setbacks. Mobile food vendors must be located a minimum of 15 feet from fire hydrants and building entrances and a minimum of five feet from above ground utility boxes and facilities.

iv. Parking. Mobile food vendor vehicles and/or equipment (e.g., grills, tables/chairs, generators) may not occupy any parking spaces needed to meet the minimum required parking for the approved primary use on the lot.

v. Utilities. Connections to public utilities (e.g., water, sewer, electric, gas) and/or installation of an approved on-site well and septic system are prohibited.

vi. Signage. All signage and identification for the mobile food vendor must be attached to the vehicle. Sandwich boards may be used to display menu items when located within the approved area for the mobile food vendor. Sandwich boards may not exceed six square feet in sign area.

vii. Refuse. Vendor must provide a minimum of one waste container for customer use and is responsible for all litter and garbage left by mobile food vendor customers. All trash and grease/waste must be removed from the site daily except when stored in on-site containers specifically designed for such waste and approved on the permit site plan.

viii. Generators. Generators must be oriented away from residences and commercial buildings to the greatest extent feasible to minimize negative impacts.

ix. Picnic Tables. Picnic tables or other seating for customers is allowed if the mobile food vendor has obtained written approval for customer use of the restrooms in the business on the same lot. If restroom access is not available, the mobile food vendor must provide a porta-potty with a handwashing station.

x. Maximum Number of Mobile Food Vendors per Parcel. Sites less than one acre in area may only have one mobile food vendor at any time unless the vendor is participating in an organized event that has obtained the appropriate temporary use permit approval from the city planner.

xi. Hours of Operation. The proposed hours of operation must be identified in the written approval from the property owner/property manager. The city planner may limit hours of operation when determined necessary to minimize impacts to adjacent residential uses.

xii. Exterior Cooking. Vendor must take appropriate safety measures to protect the public from injury from exterior grills or cooking equipment.

xiii. Alcoholic Beverages. Sale or service of alcohol beverages by the mobile food vendor is prohibited at all times.

xiv. Licenses. Required city, borough, state, and federal licenses must be posted visibly in/on the mobile food vendor vehicle.

a. Renewal. The owner(s) must renew a mobile food vendor land use permit annually prior to January 1. The renewal permit must include the renewal fee and any changes to the requirements set forth in this section. The city planner shall have the authority to impose additional conditions on the renewal of any permit in the event of any violation of the conditions to the permit or the provisions of this section subject to compliance with the procedures specified in this section.

b. Transferability. Any transfer of a mobile food vendor permit issued under this section must be reviewed/approved by the city planner but does not require submittal of a new application and fee.

6. Denial, Revocation, and Suspension. Mobile food vendor permits may be denied, revoked, or suspended by the city planner for good cause. The city planner shall provide written notice describing the reasons for denial, revocation, or suspension of a mobile food vendor permit. The vendor may appeal the city planner’s decision utilizing the process in WMC Chapter 16.34. For purposes of this section, “good cause” includes, but is not limited to:

a. The manner, or proposed manner, of operating the mobile food cart or vehicle violates any federal, state, borough, or city law or regulation;

b. The manner of operation creates a public nuisance;

c. The vendor made omissions, deceptive statements, and/or false statements of material fact to city staff in the mobile food vendor permit application; or

d. The vendor failed to timely pay the required permit application fee or operated without the required permit.

7. Penalties. Penalties for violations of this subsection include revocation of the permit and/or fines as provided in WMC Chapter 1.20. (Ord. 20-11(AM) § 3, 2020; Ord. 19-16(AM) § 3, 2019; Ord. 18-12(AM) § 3, 2018; Ord. 16-23 § 2, 2016; Ord. 11-14 § 2, 2011; Ord. 09-26(SUB) § 5, 2009; Ord. 09-13 § 4, 2009; Ord. 08-41 § 4, 2008; prior code § 16.43.510)