16.24.030 Setbacks and height.
A. Setbacks are measured from the outermost portion of the building to the nearest lot line or building as appropriate. Temporary buildings may be permitted within the side or rear yard area as administrative approval by the city planner. Where other setback standards are applicable, the most restrictive setback standards apply. The following are the building setback and height standards:
1. Front and rear yard setbacks are 25 feet from the lot line. In the commercial district the city planner may modify the front and rear setbacks by averaging the existing building line and applying this average setback to the building.
2. For subdivisions recorded with plat notes or recorded conditions, covenants, and restrictions (CCRs) prior to 1986 allowing a lesser setback than 25 feet, the rear lot line setback may be reduced to a minimum of 10 feet, but no less than the requirements specified in the applicable subdivision CCRs and/or plat notes.
3. In all residential districts, except RM – residential multifamily district (RR, R1 and R2) the side yard setback is 10 feet.
4. In RM – residential multifamily districts the side yard setback is five feet.
5. In commercial, industrial, and public districts, the setback is 10 feet or no side yard setbacks, as long as all requirements of the State of Alaska Fire and Life Safety Regulations (13 AAC 50 through 13 AAC 55) or other applicable regulations are met. Applicable regulations include residential structures of three dwelling units or less be in compliance with nationally recognized building code setback requirements and certified to meet those requirements by a certified combination dwelling inspector, building inspector, plans examiner, or licensed architect.
6. Building height is limited to 35 feet above the average finished grade of the lot in the RR, R1, R2, RM and P zoning districts. Building height in the C and I zoning districts is limited to 35 feet above the average finished grade of the lot, except where the commission approves a greater height limit as a conditional use under the general approval criteria in WMC 16.16.050, and the borough fire code official finds that the building conforms to the requirements of the Uniform Building Code and the Uniform Fire Code adopted by the borough.
B. Additional standards for setbacks are as follows:
1. Unattached residential dwelling units on same lot must be separated by 20 feet.
2. The city planner shall designate the front yard for corner lots.
3. Industrial uses or buildings must be set back a minimum 100 feet from any residential zoned lot line. Commercial buildings must be set back 30 feet from any R-1 – single-family residential district zoned lot line. Industrial or commercial accessory uses may be located within this setback; provided, that all other setback requirements are met.
C. Exceptions for setback requirements are as follows:
1. The setbacks may be reduced up to 10 percent by the city planner after an investigation and finding that the resulting lesser setback would meet the purpose of the standards.
2. Incidental architectural features such as window sills, cornices and eaves may project not more than three feet into any required setback. This provision does not apply to cantilevered floors or other similar building extensions.
3. No building or footing may be located closer than 75 feet from the high-water mark of a water course or body of water; provided, docks, piers, marinas and boathouses may be located closer than 75 feet if they are located primarily over water, not used for habitation, and do not contain sanitary facilities. The city may require dedication of a maintenance easement of up to 15 feet from the high-water mark or bank of a body of water, whichever produces the greatest access. This section does not apply to structures where construction was completed prior to January 1, 1987, if the present owners of the property had no personal knowledge of any violation of the requirements of this section prior to substantial completion of the structures. Furthermore, this section does not apply if a land use permit was issued prior to October 28, 1997. The city planner shall, upon application by a property owner, determine whether a property qualifies for an exception under this subsection.
D. Amnesty for certain setback violations under rules for nonconforming structures are as follows:
1. Any part of a structure that encroaches into a setback required under this title will be treated as a legal, nonconforming structure under WMC Chapter 16.28; provided, that the encroachment is registered with the planning department under this subsection. An encroachment will be registered for this purpose if the city planner finds, in response to an application under subsection (D)(2) of this section, that the encroachment meets the following conditions:
a. The encroachment was constructed before March 24, 2003;
b. As of March 24, 2003, the encroachment conformed to applicable plat notes of record; and
c. A certified combination dwelling inspector, building inspector, plans examiner, or licensed architect certifies in writing to the city planner that the encroachment either conforms to the requirements of the State of Alaska Fire and Life Safety Regulations (13 AAC 50 through 13 AAC 55) or, if the encroachment is part of a residential structure containing less than four dwelling units, the encroachment conforms to nationally recognized building code setback requirements.
2. The record owner of property that contains a nonconforming setback encroachment may apply to the city planner for registration of the encroachment under this subsection. The application shall be on a form provided by the city planner, and shall be accompanied by the required application fee and the following documentation:
a. An as-built survey of the property that is the subject of the application, prepared and stamped by a land surveyor registered in the state of Alaska, which shows the location and dimensions of all structures on the property at the date of application, and the distances between structures and between the structures and the lot lines of the property;
b. A statement under oath of the owner of the property or another person with the necessary personal knowledge, and supporting documentation, demonstrating that the encroachment as shown on the as-built survey was constructed before March 24, 2003;
c. A copy of each plat note that applies to the property; and
d. The certification described in subsection (D)(1)(c) of this section.
3. Upon receiving a complete application under subsection (D)(2) of this section, the city planner shall within five business days mail notice of the application to each record owner of any property that immediately adjoins the property on which the encroachment is located, requesting written comment on the application within 10 calendar days of the date of the notice. Within 20 business days after the conclusion of the comment period, the city planner shall issue a written decision whether the encroachment meets the standards for registration under this subsection. The city planner may impose such conditions on the registration as the city planner determines are appropriate to protect the general welfare. A registration under this subsection shall describe the type and dimensions of the encroachment, and shall include a copy of the as-built survey that was submitted with the application for registration.
4. A decision of the city planner under this subsection is subject to appeal to the planning commission as provided in WMC Chapter 16.34, Appeals to the Planning Commission. The city planner may elevate a decision under this subsection to the planning commission under the standards for elevating a use permit decision under WMC 16.12.040. (Ord. 09-25 § 2, 2009; IM 07-05; IM 03-08; IM 03-07; Ord. 03-08(SUB)(AM) § 2, 2003; Ord. 02-64 § 2, 2002; prior code § 16.43.704)