1. Permitting. A permit for natural resource extraction may be issued with such reasonable conditions as necessary to limit or minimize the adverse impact of the permitted extraction. The permitted use must meet all other pertinent requirements of this title and address the following concerns:

1. Large Animals. Large farm animals, including horses, llamas, burros, mules, cattle, sheep, goats, and pigs, may be kept on any lot with a total lot area of one acre or more with at least 5,000 square feet dedicated to the keeping of each animal – including barns, stables, paddocks and storage for feed and tack – and excluding any structure used for human habitation; provided, that a suitable fence is provided and no stable or building used for the animal may be closer than 75 feet from any exterior lot line. The 5,000 square-foot minimum dedicated area may not apply to pigs and goats if the plan for maintenance of the animal is sufficient to protect neighboring properties from a nuisance situation.

3. Beekeeping. No more than four hives per 10,000 square feet of lot area shall be allowed and bee colonies shall be managed in such a manner that their flight path to and from the hive will not bring them into contact with people on adjacent property. To accomplish this, the colonies shall:

1. No more than one person, in addition to members of the household residing 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 four square feet in area, nonanimated and nonilluminated and mounted flat against the wall of the principal building;

4. No noise or odors not normally expected from a dwelling unit will be allowed as a result of the operation of the home occupation;

5. Traffic or a need for parking is not generated by such home occupation in significantly greater volumes than would normally be expected in a similar residential neighborhood;

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

1. Every reasonable effort shall be made to provide a compatible use for property that requires minimal alterations of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The developer shall be encouraged to retain the distinguishing original qualities or character of a building, structure, or site and its environment. The removal or alteration of any historic material or distinctive architectural features should be avoided whenever possible.

3. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

4. Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site, shall be treated with sensitivity.

5. Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new materials should match the material being replaced in composition, design, color, texture and other visual qualities wherever possible. Repair or replacement of missing architectural features should be based on accurate duplications rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

6. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any rehabilitation project.

7. Contemporary design and use of contemporary materials for alterations and additions to existing buildings and properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, and character of the property, neighborhood or environment.

8. Wherever possible, additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure should not be impaired.

9. The commission shall have the authority to place design standards and requirements upon the developer prior to the issuance of the permit in order to enforce the historic preservation and rehabilitation standards herein. A design review committee may be appointed by the planning commission which shall consist of the following representatives: the planning commission chair, a planning commission member appointed by the commission, one member of the borough assembly as appointed by the assembly, and one at-large member who is a property owner in the SSA, appointed by the commission chair, specific to each application. The commission shall refer to the document “Fort William H. Seward, Haines, Alaska, Design Guidelines and Standards” prepared by Ron Kasprisin of the Alaskan Northern Studies Program, Department of Urban Design and Planning, University of Washington, Seattle, 1998, when setting out the design standards to be followed for buildings in the significant structures area. (See also HBC 18.70.050.)

1. A valid permit for the permanent structure must be in effect during the entire time that the temporary dwelling is located on the site;

2. A trailer, RV or mobile home used as a temporary dwelling during the construction of a permanent structure must be located on the same lot or parcel;

3. The temporary dwelling must be transported to a sanitary dump station as needed to empty gray water and toilet waste tanks, be connected to public water and sewer if applicable, or be serviced by an approved DEC on-site wastewater system;

4. The temporary dwelling must meet the same setbacks applicable to permanent structures;

5. Temporary residence permits may be granted for a period of one year. One six-month extension of the temporary residence/trailer permit may be granted by the planning commission as long as the developer is complying with all requirements;

6. The area surrounding the temporary residence/trailer shall be kept in a clean and sanitary condition.

1. The following are application criteria and regulations common to both mobile home parks and recreational vehicle (RV) parks. Specific regulations for each type of park follow.

All applications for a mobile home or RV park development permit shall be made to the manager on forms provided by the borough. The application shall contain a site plan that conforms to following design requirements and contains the following information:

The commission may require additional parking spaces to be provided within the park.

An open space or recreation area of at least 500 square feet per acre, the design of which shall be subject to approval by the commission, shall be required.

To enhance aesthetics and screen the surrounding properties from the park, buffering is required and shall consist of, at a minimum, a solid fence or masonry wall or opaque vegetation, or any combination thereof, or by other features approved by the planning commission to a minimum height of six feet, around the entire periphery of the park. The buffering must complement the landscape and ensure compatibility with the adjacent properties.

Soil conditions, groundwater level, drainage, ground cover and topography shall be considered and compensated for in the location and design of the park.

In the event public water or sewer service is not available within 200 feet of the park, alternate water and/or wastewater disposal facilities shall be constructed sufficient to handle the projected number of spaces and designed to state DEC specifications for on-site water and on-site wastewater disposal.

The developer shall be required to provide regular refuse disposal and to keep all refuse from the park in garbage containers which shall be animal proof, insect proof and watertight.

The person to whom a development permit for a mobile home or RV park is issued shall operate the park in compliance with this title and shall maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. Park occupants shall be notified of all applicable provisions of the ordinances codified in this chapter and conditions of approval by the park owner.

The owner of the mobile home or RV shall be responsible for the proper placement of the mobile home or RV in its assigned space. Placement includes securing, stabilizing and installing all utility connections. The owner or manager of the park shall be responsible for snow removal within the park and shall provide sufficient area for the storage of snow removed from park streets.

The owner or manager of the park shall be responsible for maintaining and keeping all traveled ways within the park in good repair and free of obstructions.

2. Mobile Home/RV Park Specific Criteria.

1. The PUD site must abut, and the major internal street serving the PUD must be directly connected to, a public road which is maintained by the borough or state.

2. The minimum size area for a PUD is 20,000 square feet. The minimum size area may be waived when a planned unit development is used to facilitate redevelopment in the downtown area as described in the comprehensive plan.

3. Any land uses may be permitted, subject to the general and specific criteria of this section, if such uses are deemed by the commission to be appropriate in furtherance of the goals of the comprehensive plan and designed to complement each other. The commission may establish conditions of approval and may modify the dimensional and parking requirements of the underlying zone or zones in which the project is located. However, all streets, paving, curbs, sidewalks, utilities, lights, and similar facilities must be developed according to Haines Borough standards unless specifically waived by the commission upon recommendation of the manager.

4. A proposed plan shall first be submitted for informal review to the manager. The plan must include the location, general layout of streets, parking areas, ingress and egress, building design and type of uses proposed. A report on the proposed plan will be provided to the developer and the commission which summarizes the concerns and recommendations of the manager. The report shall be available within 10 days following the informal review. At any time within six months of the date of the manager’s report on the informal review, the applicant may file to initiate formal review of the PUD request.

5. An application for a PUD must include 10 copies of accurate site plans drawn to an appropriate scale and topographic maps showing present and proposed contours at intervals of not more than two feet unless the manager requests plans at a different scale or maps with different contour intervals. The maps and plans must be of standard size format and show or contain:

6. The applicant shall, within one year of the date of commission approval of the preliminary PUD plan, submit a final PUD plan to the manager which shall incorporate all the changes and conditions required by the commission. The final PUD plan must include a mylar copy of all necessary maps and drawings. The manager shall approve of the final PUD plan if the plan is substantially the same as the plan approved by the commission and all changes and conditions of the approval have been satisfactorily met. The commission may grant one six-month extension of the deadline for final PUD plan submittal.

7. No activity may commence on the site in furtherance of the approved PUD or PUD phase until all construction guarantees have been posted and approved by the manager.

8. Minor alterations to the PUD may be approved by the manager. Major revisions to a PUD shall be brought before the commission as a conditional use. Whether an alteration is minor or major shall be determined by the manager. All development approved by the commission on the PUD plan will be approved as a land use permit at the actual time of development.

1. Types of Nonconformities.

2. Regulation of Nonconformities. Priority regulatory attention shall be given to nonconformities which are fire and safety hazards or which are clearly inconsistent with surrounding uses or buildings. The following are the regulations for the various types of nonconformities:

3. Special Policies for Existing Nonconforming Uses.

1. Human remains must be buried a minimum of six feet below the ground surface.

2. Each grave site must be a minimum of 200 feet from any stream, lake, or potable water supply and 60 feet from any property boundary.

3. Each grave site must be promptly recorded on the deed to the property in which it is located, and documented, on a form provided by and returned to the manager, clearly showing who is buried in each site. Grave site layout must be orderly and approved by the manager.

4. Unembalmed human remains may be buried with or without a coffin. However, no plastic coffin, liner or bodybag may be used. Embalmed human remains must be in a container that adequately prevents the leaching of fluids.

1. General Standards.

2. Cultivation Facility Standards.

1. A letter signed by the applicant stating that all applicable requirements of the FCC, the FAA, and any required avigation easement have been satisfied.

2. A scaled site plan clearly indicating the location, type and height of the proposed tower, antennas, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, the equipment structure, fencing, and buffering. If an antenna is to be mounted on an existing structure, a description of the communications equipment to be collocated shall satisfy this requirement.

3. The applicant shall have performed and provided a photographic simulation of the proposed facility from all affected properties and public rights-of-way.

4. The applicant shall have demonstrated effort to collocate on an existing support tower or other structure. New support towers shall not be permitted within one mile of an existing support tower unless it is demonstrated that no existing support tower or other structure can accommodate the proposed antenna array. The borough reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for accuracy.

5. Evidence to demonstrate that no existing support tower or other structure can accommodate the proposed antenna array may consist of the following:

6. Any changes or additions to communication equipment located, or collocated, on a tower located in the Haines Borough, shall require an updated land use permit providing all of the above information. (Ord. 22-04-613 § 4; Ord. 20-06-573 § 6; Ord. 19-01-515 § 5; Ord. 18-06-499 § 4; Ord. 18-04-494 § 7; Ord. 18-01-484 § 6; Ord. 15-01-398 § 4; Ord. 07-04-153)