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The definitions in this section are intended to be specific to this title. Any word or term not defined shall be used with the meaning of common or standard usage as determined by a current edition of Webster’s Unabridged Dictionary. The following words shall have the following meanings for the purpose of this title:

Accessory apartment” means a one bedroom or efficiency unit containing separate living, sleeping, cooking, bathroom and/or laundry facilities, not exceeding 600 square feet in area, contained within or added to a properly permitted single-family dwelling. The accessory apartment must be atop, beneath or connected by a common wall to the principal dwelling unit or within or atop a detached garage. One additional off-street parking space must be provided on the lot where such accessory apartment is permitted. The building, except as may be necessary to accommodate residents with disabilities, may have no more than one main entrance facing a street. An example of an accessory apartment is a “mother-in-law” apartment.

Accessory use” means a use or structure customarily subordinate or incidental to, and located on the same lot with, a principal use, building or structure, and specifically includes garages and required parking areas, storage structures, small parks or playgrounds. Small one-story structures (less than 120 square feet in floor area) for “temporary use” do not require a permit. The manager shall be authorized to require the removal of, or have removed, small structures placed within required setbacks or upon a public right-of-way.

Adjacent or adjoining lot” means those lots which share a lot line with another lot.

Agenda” means the list of items to be discussed at a planning commission meeting.

Agriculture, commercial” means the use of land for farming, dairying, apiculture, horticulture, floriculture and animal husbandry for profit. Water service to any lot being used for commercial agriculture and sales shall be metered and billed at the commercial rate for water. This definition does not include commercial cultivation of marijuana.

Agriculture, personal use” means a use involving the growing of vegetation or raising of animals for beautification, consumption or barter, including: ornamentals, vegetables or the keeping of any combination of up to six small farm animals on lots of less than one acre and 12 on lots greater than one acre grown for use as food, but which do not produce objectionable odors, noise or nonpoint source pollution. Personal use agriculture does not include roosters or the keeping of animals capable of growing to 75 pounds or more. Greater numbers of small animals than specified herein will be considered animal husbandry and shall be regulated by HBC 18.60.020(C).

Alley” means a minor way, including any and all right-of-way easements, a minimum of 20 feet wide, dedicated to public use, which is used primarily for vehicular access to the back or the side of properties otherwise abutting on a street.

Anadromous fish stream” means any stream defined by the Alaska Department of Fish and Game as an anadromous fish stream and/or is found to be used by anadromous fish for spawning, rearing or migration.

Animal husbandry” means the keeping of any animal except traditional household pets or those allowed under “agriculture, personal use.” For the purposes of this title, no form of horse, cow, goat, fowl or pig shall be considered a traditional household pet. Animal husbandry, where allowed, shall be regulated by HBC 18.60.020(C).

Animal shelter” means a use involving the containment of traditional household pets in humanely appointed facilities for purposes of public safety or animal health and well being.

As-built” means a drawing, required to be prepared to accurate scale and showing all improvements existing upon the legally defined boundaries of a piece of property. The drawing may be required to be prepared by a land surveyor or engineer registered in Alaska.

Auto repair” means a commercial use involving the general repair and maintenance of motorized vehicles, but not including heavy equipment.

Auto service station” means a commercial use involving the retail and/or wholesale marketing of petroleum-based fuels and lubricants and related accessory products and parts to the public for use in motorized vehicles.

Auto sales” is a commercial use involving the display of three or more vehicles for sale – including cars, pickups, snow machines, four-wheelers, boats, travel trailers, RVs, etc.

Avalanche area” means any geographic area that is clearly delineated as being susceptible to an avalanche or rock/mud slide at least once every five years, usually having slopes of 50 percent or greater.

Bed and breakfast (B&B)” means an owner-occupied residential dwelling with up to three guest rooms, and includes residential uses offering overnight accommodations to registered transient guests.

Block” means a piece or parcel of land entirely surrounded by public highways, streets, shorelines, streams, rights-of-way, survey lines, or a combination thereof.

Boarding house” means a dwelling other than a hotel, motel or tourist home, where, for compensation and by prearrangement, meals, or lodging and meals, are provided for four or more persons unrelated by blood or marriage to the owner or operator; including residential fraternity and sorority houses.

Buffer” or “buffering” means, unless otherwise defined in this chapter, a strip of undisturbed lands. Vegetation is not cut nor are buildings or roads constructed in the area. In addition, the buffer may not contain any artificial drainage structures except that water supply lines shall be permitted provided DNR permits are obtained.

Building” means any structure intended or used for the support, shelter or enclosure of persons, animals, or property of any kind.

Building height” means the vertical distance from grade plane to the highest point on a building but not including chimneys, radio antennas, water towers, church spires, structures or enclosures constructed primarily for mechanical equipment and similar building mechanical features.

Building site, approvable” means a building site which conforms to all the requirements specified within this title, including setback requirements and avoidance of hazardous conditions which will endanger life and/or property.

Bulk fuel storage” means the storage of petroleum-based fuels and/or lubricants in tanks which are permitted and approved for use by the Alaska Department of Environmental Conservation.

Campground” means a private or publicly owned use which includes two or more campsites that are located, established or maintained for rent or public use for temporary occupancy of not more than three months by any tent, camper, travel trailer, recreational vehicle, cabin or similar building for recreation, vacation, educational or rehabilitation purposes.

Cemetery” means a use providing burial plots for human remains. A cemetery, where allowed, must comply with HBC 18.60.020(N).

Change of use” means any change in the use of a building or property. If the change of use creates different requirements for that building or property according to the borough’s planning and zoning regulations, including the need for different setbacks, additional parking, buffering, fire marshal approval, etc., a land use permit may be required.

Child care (four or fewer)” means a facility that regularly provides care to four or fewer children who are not relatives of the caregiver; “regularly provides care” means that a child is enrolled for regular care, regardless of whether that child receives full-time or part-time care.

Child care (five or more)” means a facility regularly providing child care for five or more children who are not relatives of the caregiver; “regularly provides care” means that a child is enrolled for regular care, regardless of whether that child receives full-time or part-time care.

Church” means a use involving the organized worship of any deity(ies) or the practice of any religious or occult discipline including ceremonies, services and accessory uses.

Club, private” means buildings and facilities owned or operated by a corporation, association, membership group, organization, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business. Use of the facility is restricted, or allowed conditionally as set forth in articles or bylaws that may on occasion approve the facility’s use by nonmembers. “Club, private” includes civic community and noncommercial private clubs. “Club, private” does not include churches.

“Combination, residential/industrial/commercial (R/I/C)” means a structure with a primary purpose that is commercial or industrial (light or heavy) and incorporates into its design one or more dwelling units. In the light or heavy industrial zones, no more than a single dwelling unit may be incorporated into the building plan as accommodations for the property owner or security personnel.

Commercial” means a nonresidential use involving the storing, wholesaling, retailing or rental of any article, service or substance for cash, trade or any form of compensation, and supporting activities and buildings.

Commercial, light” means a commercial use with gross floor area of 500 square feet or less.

Commercial, medium” means a commercial use with between 501 square feet and 5,000 square feet of gross floor area.

Commercial, heavy” means a commercial use with gross floor area of 5,001 square feet or more.

Commercial use” means the nonresidential use involving the manufacturing, storing, wholesaling, or retailing of any material, goods or services and any accessory uses outside the purview of the definition of “cottage industry,” “home occupation,” or “commercial marijuana establishments.” Commercial uses include: offices, hotels or motels, food service and other similar uses. For the purposes of this title, “commercial useshall not mean a residential, light industrial or industrial use.

Commission” means the Haines Borough planning commission.

Communication equipment” means navigational aids, commercial satellite dishes, antennas over 35 feet in height, and airport approach lighting. See definition of “utility facilities.”

Conditional use” is a use that is granted with conditions appropriate to the circumstances. A conditional use requires a public notice and hearing before the planning commission and is a use listed among those classified within specific zoning descriptions and permitted only by the commission.

Condominium/townhouse” means a multi-dwelling residential structure where individual dwelling units are owned or leased.

Container home” means a shipping container or Conex-like container that has been converted into a dwelling.

Convalescent, or nursing home” means a state-licensed facility for the residential care of the elderly or infirm who require medical care on a daily basis that cannot be provided in their own home.

Convenience store” is a commercial use not involving the sale of automotive fuels or repair which is conducted only on the first floor of a building, occupies 1,000 square feet or less of the building, retails merchandise or services primarily to the neighborhood and is located on a lot with frontage on a street designated as a collector street in the borough comprehensive plan.

Correctional facility” means a facility designed and constructed for the incarceration and/or rehabilitation of criminals.

Cottage industry” means any business or activity occurring on a person’s private property, which meets the following standards:

1. Is conducted only by a member or members of a family residing in the residence and no more than three additional employees at any one time;

2. Is clearly secondary and incidental to the use of the property as a residence;

3. Does not require the installation of heavy equipment or power sources not common to a residence;

4. Does not create a level of noise, traffic, parking, waste and sewage, signs, lighting, vibration, dust, smoke, odor, heat or glare which would be objectionable to a reasonable person located on adjoining public or private property;

5. Does not place a burden on any community utilities to a greater degree than normal residential activities.

Coverage” means the percentage of the total lot area covered by all structures.

Crop production” means use, accessory to a primary commercial or residential use, involving the raising of any vegetation for intended profit or personal use. Crops grown on the residential property may be sold on that property; provided, that only plants and crops are sold there. If the crop production or sale of the crops produced creates a need for off-street parking in addition to that required for the residential use, the owner must provide sufficient off-street parking as recommended by the borough. Water service to any lot being used for crop production and sales shall be metered and billed at the commercial rate for water only during the time the crops are being grown and/or sold on the property. During the time the crops or plants are being sold, one sign, no larger than four square feet in area, nonilluminated and located on the principal property, may be displayed. Crop production does not include animal husbandry nor commercial cultivation of marijuana.

Cul-de-sac” means a street having one end open to traffic and terminated at the other end by a vehicle turnaround.

Day” means any calendar day, exclusive of Saturdays, Sundays and borough holidays.

Dedication” means the deliberate appropriation of land by a landowner, for any public use, where the landowner reserves no other rights in the property for himself or herself than may be enjoyed by the public at large.

Density” means the ratio of square footage of construction (lot coverage) to square footage of any lot, the ratio of the number of lots to a specific area of acreage, or the ratio of the number of buildings or structures to a specific area of acreage. See HBC 18.80.020 for building density limits.

Developer” means the person who makes the application for a land use permit, a conditional use permit, a variance permit, a platting action permit, or rezoning, and successors in title or interest.

Development” means any of the following:

1. Construction or reconstruction of, or addition to a structure;

2. A preliminary plat, short plat, and/or final plat;

3. Conduct of a home occupation;

4. Change in the use of a lot, including any structure thereon;

5. Installation or placement of a mobile or modular home;

6. Construction or enlargement of a public or quasi-public facility or improvement;

7. Dredge or fill activity in a wetland;

8. Installation of a sign;

9. Any site work in preparation or anticipation of the above, including clearing, leveling or filling and grading of any property;

10. Erection of a fence on or near a lot line.

Dock” means a structure built on the shore of, or projecting out into a harbor, a stream, or body of water so that vessels may be moored alongside.

Domestic” means issues pertaining to the home, household or household affairs.

Domestic log milling” means the milling of lumber for one’s own personal use and not for resale.

Driveway” means a road constructed with an apron not less than 12 feet wide, shoulder to shoulder, to provide access to property from a public right-of-way. For the purpose of drainage, culverts may be required by the borough or State Department of Transportation.

Duplex” means a building containing two dwelling units.

Dwelling” means a building used primarily for residential occupancy.

Dwelling, multiple or multi-unit” means a structure built for residential occupancy and designed and constructed with two or more distinctly separate and independent dwelling units.

Examples include: duplexes, tri-plexes and four-plexes.

Dwelling unit” means a residential use consisting of a building or portion thereof providing independent living, sleeping, cooking, bathroom and accessory uses.

Easement” means a right or privilege that a person may legally have in another’s land, such as a right-of-way.

Employee housing” means overnight accommodations provided by a business for their employees at the job site.

Event venue” means a building, or part of a building, or land in which the primary commercial use is a place of assembly by the public for special events such as weddings, conferences, performances, etc. Houses of worship, Native American cultural centers, and historical sites are exempt from this provision.

Existing use” means a lawful structure, use or uses in existence as of the effective date of this title.

Exterior wall” means a wall, bearing or nonbearing, that is used as an enclosing wall for a building.

Family” means one person, or two or more persons related by blood, marriage, or adoption.

Farm animal” means a single animal with an adult weight over 250 pounds – customarily, but not always, associated with agriculture. Other animals, specifically including the orders Felidae (cats) and Ursidae (bears), which in the opinion of the manager may pose a threat to human safety, are not farm animals.

Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose or screen an area. Fences used for the keeping of farm animals must be constructed and maintained in a manner that will effectively contain the animals and protect adjacent lots from intrusion.

Final plat” means the final drawing of a subdivision, containing all of the elements required under this chapter and any further conditions required by the planning commission, for filing with the State District Recorder.

Finding” means the result of deliberation dealing with matters of fact which support conclusions.

Findings of fact” means information gathered relating to factual evidence supporting or denying an applicant’s request.

Finished grade” means average level of the finished ground at the center of all exterior walls of a building.

Firing range” means an area designated and used for the safe discharge of firearms.

Food truck” means a readily moveable, motorized wheeled vehicle, or a towed wheeled vehicle, designed and equipped to serve food and shall be permitted as each zone permits under the approval of “commercial, light.”

Foundation, permanent” means footings and foundations that shall be constructed of masonry, concrete; or treated wood as defined in the Uniform Building Code. Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least six inches above the adjacent finished grade. Bearing walls shall be supported on masonry or concrete foundations or piles or other approved foundation systems of a sufficient size to support all loads. It is incumbent on the developer to assure that the foundation is properly designed and constructed. The Haines Borough accepts no responsibility for the stability or future salability of any building due to an improperly designed or constructed foundation.

Flood plain” means that area of land which may be susceptible to flood waters as determined by FEMA.

Frontage” means all property bordering a street.

Garage” means a building or any portion of a building intended to be used for the storage of vehicles.

Grade” means the degree of the slope of the land.

Grade plane” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established as the average of the finished ground level measured at the lot line or, where the lot line is more than six feet from the building, measured at a point six feet from the building. Window wells, stairwells and garage ramps intended solely to provide below-ground access to the structure need not be included in the average when calculating grade plane. Prior to issuance of a land use permit, calculations shall disregard any fill or construction which have no significant purpose other than elevating the grade plane. In reaching such finding, only those architectural, structural, safety, aesthetic, access or other purposes claimed by the developer and supported by reasonable evidence shall be considered.

Grandfather Rights. See “Nonconforming use.”

Greenbelt” means a zone of undisturbed or planted vegetation of sufficient height and density to provide a visual screen.

Gross building area” means the total horizontal floor area of all floors, measured to the exterior of the walls of a structure, exclusive of steps and decks. Enclosed or covered porches shall be included and measured to the outside line of the supporting structure.

Group home” means a use of a residential dwelling or any living unit or accessory buildings thereof, designed, used or intended for use as long-term human habitation in a home-like family setting – the principal use of which is to serve as a dwelling for assisted living for eight people or less who seek care for any long-term illness, physical, mental, or other infirmity or disability.

Guest house” means a secondary dwelling not larger than 800 square feet of gross building area used primarily for guests, family, or transient occupancy.

Guest room” means a room, not having its own cooking facilities, used or intended to be used by a guest for sleeping purposes. Every 120 square feet of floor area in a room occupied by more than two guests will be considered a guest room.

Hazardous material(s)” means any substance designated pursuant to Section 311(b)(2)(A) of the Federal Water Pollution Control Act (FWPCA), any element, compound, mixture, solution, or substance designated pursuant to Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act, any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act, any toxic pollutant listed under Section 307(a) of the FWPCA, any hazardous pollutant listed under Section 312 of the Clean Air Act, and any imminently hazardous chemical substance or mixture with respect to which the Administrator of the Federal Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act.

Heavy equipment” means semi-trailer tractors, commercial buses, construction and earth-moving equipment, including front-end loaders, backhoes, dump trucks, graders, bulldozers and other tracked or large-tired vehicles. This term does not refer to privately used recreational vehicles, air boats, airplanes and noncommercial recreational vehicles designed for only off-highway use.

Heavy equipment repair” means the commercial repair of heavy equipment.

Heavy equipment storage” means the commercial storage of heavy equipment.

Heliport” means a use or designated site for the routine commercial or private general operations, landing, takeoff, parking, storage, fueling, and/or maintenance of helicopters.

Home occupation” means a small-scale commercial use carried out in a dwelling unit that meets the criteria in HBC 18.60.020(D). This definition does not include commercial marijuana establishments.

Hotel” means a commercial use in a building containing more than three guest rooms intended, used, designed to be used, rented out or occupied for sleeping purposes on a temporary basis.

Industrial, heavy” means a use that has potential for significant negative impact on adjoining uses. This category includes uses that incorporate buildings that are large, tall, or unsightly; uses that generate offensive odors, noise, dust, smoke, fumes, vibration or glare; uses that involve large amounts of exterior storage; and uses that, because of their scale or characteristics, create nuisances or hazards such as heavy truck or other vehicle traffic, or other intense activity.

These uses include airports, landing strips, and heliports; truck or ship terminals and docks; concrete batching plants; asphalt or concrete mixing plants; resource extraction; bulk material or machinery storage; petroleum refineries and trans-shipment facilities; grain elevators; meat packing plants or fish processing facilities; mills; resource recycling facilities; commercial flammable or hazardous material storage; sanitary landfills and solid waste storage/transshipment facilities; large scale sewage treatment facilities and manufacturing plants.

Industrial, light” means a use involving minor manufacturing or processing, characterized by uses that do not create external effects of noise, dust, smoke, fumes, offensive odors or vibration. Light industrial uses include wholesale and warehouse activities and operations whose external physical effects are restricted to the immediate property, and the manufacture or processing of finished or semi-finished products. Light industrial uses may include: minor fish processing, warehouses and manufacturing.

Institutional home” means a supervised use of a residential dwelling or any living unit or accessory buildings thereof, designed, used or intended for use as relatively permanent human habitation in a home-like family setting – the principal purpose of which is to serve as a dwelling for assisted living for more than eight people who seek care for any long-term illness, physical, mental, legal or other infirmity or disability. The term includes limited care facilities for the elderly, homes for children, sanitariums, nursing homes, living quarters for people with long-term illness and transitional homes for criminals.

Junkyard” means a lot or portion thereof which is used for the purpose of the outdoor storage, handling, dismantling, wrecking, keeping or sale of more than two unregistered, discarded, wrecked or abandoned: motor vehicles, airplanes, appliances or boats. It may also include building materials, machinery, equipment, or parts thereof, including scrap metals, wood, lumber, plastic, fiber or other tangible materials allowed to accumulate to the point of meeting the definition of nuisance in Chapter 8.12 HBC.

Kennel” means any use or lot on which more than four dogs, over four months of age, are kept.

Land use permit” means the permit for uses-by-right.

Landfill” means a discreet area of land or an excavation that receives household and/or business solid waste for disposal, in compliance with required state and/or federal authorization. Such landfills may be publicly or privately owned.

Lodge” means a rental accommodation with furnished quarters that provides, or is associated with, services such as meals and/or guiding, and accommodates one or more guests at a time.

Lodging house” means a building in which lodgings are let to include an inn, bed and breakfast, or hotel.

Lot” means a distinct parcel of land identified by deed, title or other legal instrument for ownership and tax purposes. “Corner lot” means a lot situated at the intersection of two or more streets. “Interior lot” means a lot other than a corner lot.

Lot, approvable” means a lot that allows an adequate site for development activities that will meet all the requirements specified within this title without the necessity of a variance.

Lot depth” means the horizontal distance between the centers of the front and rear lot lines.

Lot line” means the boundaries of a lot that separates it from other lots. Lot lines are usually referred to as front, side and rear, depending on the orientation of the lot to the street or road. The “front lot line” (for an interior lot) is a line separating the lot from the street. The “rear lot line” is a line that is opposite and most distant from the front lot line, and in the case of an irregularly shaped lot, a line not less than 10 feet in length, roughly parallel to and at the maximum distance from the front lot line. The “side lot line” is any lot boundary line not a front lot line or a rear lot line.

Lot width” is the mean horizontal distance separating the side lot lines at right angles to the lot depth.

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, small” 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 1,500 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.

Marine commercial facility” is a commercial use involving business activities that require access to the marine waterfront as an integral and unavoidable part of their conduct.

Marine industrial facility” is a use involving heavy or light industrial activities that require access to the marine waterfront as an integral and unavoidable part of their conduct.

Mobile home” means a factory-assembled residence in which a chassis is an integral part of the structure. A mobile home shall continue to be classified as such regardless of its actual placement on concrete or other permanent foundation or removal of wheels, or addition of base skirts, or any combination of the foregoing. A travel trailer or recreational vehicle is not a mobile home.

Mobile home park” means a residential use consisting of an area, rented and utilized for occupancy by two or more mobile homes, and accessory uses. This term shall not mean a campground for temporary parking of travel trailers or campers.

Modular home” means a factory-assembled residence built in units or sections transported to a permanent site and erected on a foundation. It excludes mobile homes.

Motel” means a commercial use providing transient accommodations 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.

Mother-in-Law Apartment. See “Accessory apartment.”

Motor home” means a motorized vehicle with self-contained living quarters intended for recreational purposes.

Nonconforming use” means a lot, building, use, or portion thereof, which was lawfully erected, altered or maintained, but no longer conforms to the provisions for the zone in which it is located.

Nonresidential use” means a commercial, service, professional, industrial or agricultural use, or a public facility or any other use not compatible with the definition prescribed for residential use.

Notice, Public.

1. An agenda item on the posted agenda;

2. Publication of the time, date and place of the meeting, and the agenda item, in a newspaper of general circulation in the borough and posted in three public places a minimum of five working days prior to the date of the meeting;

3. In addition to the above, for conditional use permits, platting action permits, variance permits, rezonings, appeals, and section line and state recognized RS-2477 easement vacations, additional notice requirements as described in HBC 18.30.020 shall apply.

Office” means a building or portion thereof used or intended as a place of business for persons engaged in recognized professions, with or without staff, or for administrative, executive or clerical personnel, either public or private.

Open space” means areas within a proposed development site excluding areas devoted to buildings, structures, roadways and parking. At least one-half of all areas designated as usable open space must have a slope of less than 20 percent.

Parking space” means any space for the temporary parking of automobiles.

Peak use” means the time period during which those characteristics of a use, including traffic, parking, visitation and other activities, are at the most active or intense levels.

Permitted use” means a use which may be approved by the manager without public notice. [See also “Use-by-right.”]

Planned unit development (PUD)” means a use or combination of uses that are designed to occupy the same lot or separate adjacent lots and complement each other through design and operational characteristics. The developer must demonstrate that creative approaches are used that will result in a more efficient, aesthetic and harmonious development with uses in the surrounding area, while at the same time providing higher population density or increased intensity or mix of uses than is permitted in the zone(s) in which the project is located. A PUD may be approved as a conditional use under specific approval criteria.

Planning commission” means the Haines Borough planning commission.

Plat” means a two-dimensional representation of a tract or parcel of land proposed for subdivision, resubdivision, dedication, or vacation, which portrays all necessary data for locating and retracing property lines and all easements and dedications of record, created or to be abandoned in the course of subdivision. The plat contains information required by this title under preliminary and final plat specifications and is intended for recordation in the local recording district.

Play field” means an area set aside for outdoor games or recreation including soccer fields, baseball diamonds, football fields, golf ranges and courses, and other uses having similar characteristics.

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.

Preliminary plat” means a scale drawing by a professional engineer or registered surveyor of a proposed subdivision showing lots, blocks, easements, rights-of-way, and other information required by this title which provides a basis for approval or denial of the general layout of the subdivision.

Principal use” means the major or predominant use of a lot or structure.

Prohibited use” means a use not allowed in the zone. Variances may not be granted for a prohibited use.

Public facility” is a use, lot or building, owned, leased or used by a federal, state, or local government agency, school board or utility company, including fire stations, public education facilities, libraries, clinics, and accessory uses.

Recreation building” or “community center” or “recreation center” means a building or group of buildings, open to the public, offering recreational facilities including, but not limited to, gymnasiums, swimming pools, ice rinks, exercise facilities, and meeting rooms.

Recreational Vehicle (RV). See “Motor home” and “Trailer”.

Recreational vehicle (RV) park” means any private or commercial area or premises where space for two or more trailers or motor homes may be rented or otherwise obtained for temporary occupancy or camping, but not including automobile or trailer sales lots on which unoccupied trailers or motor homes are parked for sale.

Recycling facility” means a site where recyclable materials (glass, paper, waste oil, metals, etc.) are collected, stored and processed for use on site or for shipping to facilities or locations where the material can be reused.

Replica building” means a building constructed in the same location, and with the same dimensions, architectural style, materials and color as a previously destroyed building.

Residential” means a use and accessory uses involving the occupation of a building for living, cooking and sleeping, and may include a single-unit dwelling, duplex, or multi-unit dwelling.

Resource extraction” means a heavy industrial use involving the removal of rock, gravel, sand, clay, topsoil, peat, timber, petroleum, natural gas, coal, metal ore, or any other mineral, and other operations having similar characteristics. Resource extraction does not include: (1) the removal of material from within the legal boundaries of the property of origin which are incidental to the construction, alteration or repair of a building (or the grading and landscaping incidental thereto); or (2) within the subdivision of origin of a platted public or private access road and utilities or public facility providing essential services.

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.

Right-of-way” means an area of land dedicated for roads, trails or utility purposes.

Riparian” means the area, life and structures situated along the bank of a stream, river, or any other body of water.

Roadway” means the portion of a street designated for vehicular traffic; where curbs are laid, the portion between the curbs.

Service station” means any structure used primarily for the retail sale of motor fuels, tires, batteries and other auto or boat accessories and the installation and servicing thereof.

Setback” means the perpendicular distance from the appropriate lot line to the nearest point on a building or structure, including, but not limited to, porches, steps, and roof edges.

Short plat” means a platting procedure for lot line adjustments, lot consolidations and subdivisions of four or fewer lots under HBC 18.100.030 and 18.100.035.

Sign” means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Sign, freestanding” means any sign supported by structures or supports that is placed on, or anchored in the ground and that is independent from any building or other structure.

Sign, off-premises” means any sign which displays a message related to commercial or noncommercial activity not offered or conducted on the property where the sign is located.

Sign, portable” means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, towed or moved by wheels. Portable signs shall not include the name of a business painted on or affixed to a vehicle used for that business’ purpose.

Sign, projecting” means a two-sided sign attached to and extending from a building at approximately a right angle. This includes signs perpendicular to a building wall, either hung under or attached directly to a marquee, canopy or balcony.

Sign, temporary” means any sign advertising real estate, political issues or candidates, community events or issues, legal notices or items for sale.

Sign, wall-mounted” means a one-sided sign attached directly and parallel to a wall, painted on the wall surface, or similarly constructed within the limits of the outside wall of any building or structure.

Sight triangle” means a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving an intersection.

Single-family dwelling” means a structure situated on a permanent foundation which is intended for habitation by a single family. This definition does not include a mobile home.

Site development” means any clearing, grubbing, grading, and filling activity which exceeds 100 cubic yards or 5,000 board feet, except utility improvements, which are subject to permit.

Site plan” means the drawing required as part of the submittal process necessary to receive an approved land use or building permit. The drawing is required to be prepared to accurate scale and shall show all improvements existing and proposed upon the legally defined boundaries of the property in question. The drawing may be required to be prepared by a registered land surveyor or engineer.

Small farm animals” means fowl, rabbits or other small farm animals being raised as a hobby, for the production of eggs, butchering, or the use of their fur or pelt, may be kept on any residential lot.

Solid waste transfer facility” means a site where solid waste is collected for transfer to a permanent disposal facility.

Stream” means any flow of a body of water that is equal to or greater than two feet in width and flows for at least seven consecutive months annually.

Street” means a way for vehicular traffic, other than an alley, dedicated to public use. A street, as herein defined, includes any and all right-of-way easements. (For specific designation of “major (arterial),” “collector,” and “minor,” see the most recent version of the borough map entitled “Street Designation Map” which is incorporated into this title by reference.)

1. Major (arterial) streets and highways” are those serving, or which are planned to serve as the principal routes for through traffic movement.

2. Collector streets” are secondary routes that collect traffic from minor streets.

3. Minor streets” are streets used primarily for access to the abutting properties.

Structure” means anything constructed or erected and located on or under the ground, or attached to something fixed to the ground, including:

1. A building, regardless of size, purpose or temporality;

2. A tower, sign, antenna, pole or similar structure;

3. A basement, foundation, or mobile home pad;

4. A fence;

5. A street, road, sidewalk, or storage area;

6. Television satellite dish.

Subdivider” means the developer of a subdivision.

Subdivision” means a division of a tract or parcel of land into two or more lots, sites, or other divisions and includes re-subdivisions and, when appropriate to the context, relates to the process of subdividing or to the land or areas subdivided.

Substantially complete construction” is achieved when the roof and the “gross building area” of a permitted structure are complete.

Temporary use” means a building or structure that is capable of being immediately moved, or a use which is for a limited time up to 18 months.

Theme park” means a commercial use involving a complex of structures enclosed by a perimeter fence, or other enclosure, designed for the purpose of providing public entertainment for profit. Theme parks include fun-rides, perennial carnivals, private animal parks and historical, fictional or computer-enhanced dioramas.

Townhouse” means a structure with more than two dwelling units located on separate lots placed side by side but sharing some structural parts at a common property line. Townhouse units are often two stories with ground-floor access.

Trailer” means a vehicular-type portable structure without motive power or a permanent foundation, which is meant to be towed or hauled by a motorized vehicle and is primarily designed as temporary living accommodations for recreational, camping and travel use. The term includes travel trailers, truck campers, fifth-wheel trailers and camping trailers.

Use” includes any significant activity on a lot. A use includes the following:

1. Construction, reconstruction, relocation, placement, or alteration of a building;

2. Change in the use or material increase in the use of a site, including any development thereon;

3. Disturbance of the surface of the land. Disturbance includes clearing, dredging, excavation or fill activities; creation of an equipment or material storage site or tailing pile; creation of a refuse pile, dump or landfill; and

4. Subdivision or re-subdivision of land.

Use-by-right” means a use, as set forth for each zone, which is subject only to a land use permit pursuant to Chapter 18.40 HBC.

Utility facility” means a use, either public or private, which is above or below ground level and which is used to treat, condition, or convey water, sewer, electricity, fuels and communication services. The term includes pipes, cables, utility corridors, sub-stations, transformers, switching devices, lift stations, public satellite dishes, public antennas and towers. This term does not include minor accessories to the existing system or utility connections necessary for an individual lot.

Vacation” means the transfer or sale of a public easement or right-of-way into private ownership.

Vacation rental” means a privately owned residential dwelling, such as, but not limited to, a single-family residence, apartment, or room, that is rented for periods of 30 consecutive days or less, limited to a single guest or family at a time.

Variance” means the relaxation of the strict application of the requirements of this title. See HBC 18.40.040 and 18.80.050, and AS 29.40.040(b)(1) through (3). Variances cannot be approved for prohibited uses.

Wetland” means any geographical area that meets the definitions of both state and federal government for wetlands designation.

Yard” means an open space extending from any buildings to all lot lines.

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.

Yurt” means a dwelling with a fabric covering over a frame of wood or other collapsible framework. This definition also includes teepees and tents.

Zero lot line, commercial” means a commercial use built up to the property lot line. Zero lot line commercial construction is allowed in all but the significant structures area.

Zero lot line residential (single attached)” means two dwelling units located on separate lots but attached side-by-side sharing some structural parts at a common property line.

Zone” means an area of land in which the use of the land is regulated by law.

Zoning” means the legislative process of dividing land into areas specifying the use allowable in those areas.

Zoning district” means a distinct area within which planning zones are established.

Zoo” means a commercial or public use in which animal species are kept in secure and humanely appointed facilities for the purpose of viewing and/or educational purposes. (Ord. 22-04-616 § 4; Ord. 22-01-601 § 4; Ord. 20-08-576 § 4; Ord. 20-06-573 §§ 4, 5; Ord. 20-01-560 § 4; Ord. 20-01-555 § 4; Ord. 19-10-548 § 4; Ord. 19-03-527 § 4; Ord. 19-02-520 § 4; Ord. 19-01-515 § 4; Ord. 18-06-496 § 4; Ord. 18-01-484 § 5; Ord. 16-03-431 § 4; Ord. 15-01-398 § 5; Ord. 13-12-361 § 4; Ord. 13-09-349 § 4; Ord. 13-05-330 § 4; Ord. 12-05-291 § 4; Ord. 10-11-247 § 4; Ord. 10-09-239 § 4; Ord. 10-03-224 § 4; Ord. 07-04-153; Ord. 04-10-085)