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The borough is hereby divided into the following zoning districts and zones. These districts and zones are depicted on the official borough zoning map.

A. Townsite Planning/Zoning District. The townsite planning/zoning district is defined as that area known as the townsite service area.

1. I/H – Heavy Industrial Zone. The intent of the heavy industrial zone is to provide for and protect productive heavy industry. Areas zoned as heavy industrial should be located so that adjacent nonindustrial areas are buffered from the external effects common to heavy industry including noise, dust, vibration, glare, pollution, heavy traffic and unsightly uses or activities. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.

2. I/L/C – Light Industrial/Commercial Zone. The intent of the light industrial/commercial zone is to provide for and protect the light industrial and commercial needs of the community. Light industrial land uses are distinct from heavy industrial uses in that they do not create the external effects typical of heavy industry. Enclosed manufacturing, wholesaling and warehousing are typical light industrial uses. Areas designated into the light industrial/commercial zone should be served by, or have access to, public utilities and roadways capable of handling the increased uses caused by business growth within the zone.

3. I/W – Waterfront Industrial Zone. The intent of the waterfront industrial zone is to provide for and protect productive, marine-related heavy industries, including wharfage, natural resource export, milling and major seafood processing. Areas zoned as waterfront industrial should be located so that adjacent nonindustrial areas are buffered from the external effects common to heavy industry including noise, dust, vibration, glare, pollution, heavy traffic and unsightly uses or activities. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.

4. C – Commercial Zone. The intent of the commercial zone is to protect and enhance areas of existing commercial development and to provide areas for the continued growth of commercial enterprise. The uses in this zone are oriented toward serving the commercial needs of the residents of the borough, the surrounding area and visitors. The area is served by, or is planned to have, the necessary level of utilities and an adequate transportation system as deemed appropriate for the planned use.

5. W – Waterfront Zone. The intent of the waterfront zone is to permit residential, and waterfront-related light industrial and commercial activity compatible with the existing character of the adjacent properties.

6. SSA – Significant Structures Area Zone. The intent of the significant structures area zone is to preserve the architectural character and historic significance of Fort William H. Seward and conserve the waterfront area for public access and use while continuously enhancing opportunities for adaptive reuse, including residential and new business activity in the area. Development in the SSA zone which incorporates design elements including architectural style, open space, sidewalks, trees, landscaped setbacks, plazas, pedestrian amenities and outdoor pedestrian activity areas is encouraged.

7. SR – Single Residential Zone. The intent of the single residential zone is to provide for and protect areas for low density, individual home sites and quiet residential uses. All new development in this zone should be planned to maintain and enhance the single-unit residential character of the existing neighborhood. New development areas included in this zone should be designed and developed to provide residential areas on low volume streets sheltered from other existing or proposed uses. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.

8. MR – Multiple Residential Zone. The intent of the multiple residential zone is to provide and protect areas for higher density residential development. Other compatible uses that are commonly associated with higher density residential areas, such as small-scale commercial uses designed to serve the neighborhood, may be allowed. The area is served by, or intended to have, the necessary level of public utilities and an adequate transportation system as deemed appropriate for the planned use.

9. RR – Rural Residential Zone. The intent of the rural residential zone is to provide areas for low-density, single-residential, and agricultural uses along with limited, compatible, low-impact commercial uses. The zone has a minimum lot-size of one acre. This zone is intended for areas where development trends, limited transportation and utility systems and physical features indicate the appropriateness of a low intensity use.

10. RMU – Rural Mixed Use Zone. The intent of the rural mixed use zone is to allow for a broad mixture of uses including, as uses-by-right, single and multiple dwelling residential uses and, generally, commercial and light industrial uses by conditional use permit. Where public water or sewer utilities are unavailable, the size, slope, dimension and soil type of subdivision lots must be adequate to support on-site water and wastewater systems to properly serve the planned use of the property.

11. Repealed by Ord. 19-02-522.

12. REC – Recreational Zone. The intent of the recreational zone is to serve the outdoor recreational needs of the community and to provide protection for sensitive habitat areas. Included in this zone are publicly owned lands planned for recreational use. The recreational zoning designation may be applied to conservation easements and privately owned open space as requested by the owner. Lands zoned as recreational may include areas specified for buffers and greenbelts designed for walking, hiking and biking on maintained trails, or stream-bank riparian habitat. Motorized use may be prohibited by ordinance in specific areas.

B. Mud Bay Planning/Zoning District.

1. Intent. The intent of this district is to preserve the zoning provisions of the former land use service area No. 1 (Mud Bay) as a rural residential zone and for the people of the Mud Bay community to preserve their lifestyle, community scale, and the basic rights of health, safety and welfare in accordance with the goals and objectives developed from the Haines Borough comprehensive plan.

2. Applicability. This district shall be defined as:

Beginning at the NW corner of Section 14, T31S, R59E, CRM; thence due south to SW corner of Section 26, T31S, R59E CRM; thence southeast to SW corner of Section 21, T32S, R60E CRM; thence due east to SE corner of Section 21, T32S, R60E CRM; thence northeast to NE corner of Section 22, T32S, R60E CRM; thence north-northwest to NE corner of Section 17, T31S, R60E CRM; thence due west to the point of beginning. This describes an area of the Chilkat Peninsula from the southern edge of the Carr’s Cove Subdivision to Seduction Point, and including Kochu Island.

3. Rural Residential Zone (MBRR).

a. Purpose. This zone is intended to provide for the establishment of a rural residential area allowing for single-family dwellings and cottage industries.

b. Applicability. This zone shall encompass all lands within the Mud Bay planning/zoning district with the exception of the cannery zone.

c. Uses-by-Right.1

(1) One single-family dwelling shall be allowed on a lot no less than three acres in area, or on any smaller lot which existed prior to the implementation of any land use ordinances.

(2) Any development which existed prior to the implementation of any land use ordinances.

(3) Site development as authorized by HBC 18.30.010.

d. Accessory Uses. Accessory uses in the rural residential zone are:

(1) Accessory buildings;

(2) Cottage industries;

(3) Guest house;

(4) Marijuana testing facilities.

e. Conditional Uses. Conditional uses in the rural residential zone are:

(1) Public parks, public recreation sites, and nonprofit camps;

(2) Schools;

(3) Fire stations;

(4) Lodges;

(5) Commercial or public radio and television transmitters and towers;

(6) Public utility facilities;

(7) Commercial Enterprise. Commercial enterprise” means any commercial, manufacturing, sale or service that occurs on a person’s private property. A commercial enterprise shall be secondary to the property’s primary use as a residence and shall have no more than six employees at any one time. Terms of a conditional use permit for commercial enterprise shall eliminate or mitigate adverse effects to air quality, noise, traffic, parking, waste and sewage, signs, lighting and burdens on any community utilities and resources that may result from such commercial enterprise;

(8) Cemetery;

(9) Vacation rentals;

(10) Marijuana cultivation (indoor/outdoor, small, large, limited, unlimited) and marijuana manufacturing (small), provided the establishments conform to the requirements of a “commercial enterprise.”

f. Lot Standards. The minimum lot size in the rural residential zone for newly developed lots shall be three acres.

g. Setback Standards.

(1) Structures shall be located no less than 25 feet from the nearest lot line, and right-of-way line, with Chilkat State Park Road being exempt from the right-of-way setbacks.

(2) Structures shall be located no less than 25 feet, measured from the top of the nearest stream bank, from any stream or watercourse used to provide domestic water, and from all anadromous fish streams.

h. Prohibited Uses.

(1) Heliports;

(2) Resource extraction;

(3) Commercial events including but not limited to weddings, reunions, retreats, performances and conferences;

(4) All uses not expressly provided under used-by-right, accessory or conditional uses are prohibited.

4. Cannery Zone (CA).

a. Purpose. This zone is intended to create a commercial area for the provision of support functions for the Haines fishing fleet.

b. Applicability. This zoning shall apply to the area as described: Lot 2, SEC 24, T31S, R59E, CRM, lot 3, SEC 19, T31S, R59E, CRM; ATS 192, Tracts A and B; TL-1902, SEC 19, T31S, R59E, CRM.

c. Permitted Uses.1 Permitted uses in the cannery zone (commercial) are:

(1) Moorage;

(2) Boat and gear storage and maintenance;

(3) Retail sale of petroleum products and miscellaneous fishing supplies;

(4) All residential uses which must be consistent with the provisions permitted within the rural residential zone;

(5) Any use existing prior to the implementation of any land use ordinances;

(6) Fish processing;

(7) Employee housing.

d. Accessory Uses. Accessory uses and buildings shall be consistent with the rural residential zone standards previously stated in this code.

e. Conditional Uses.

(1) Commercial, light and commercial, medium.

f. Prohibited Uses.

(1) Heliports;

(2) Resource extraction.

C. Lutak Inlet Planning/Zoning District.

1. Intent. The intent of this district is to protect and maintain the water quality, waterfront and watershed of Lutak Inlet and the Chilkoot River system while encouraging a rural lifestyle that includes cottage industry. In addition, there is a desire to maintain the natural environment and its associated fisheries and wildlife by ensuring orderly growth and sensible land use.

2. District Defined. This district is defined as follows:

Beginning at the N.W. Corner of Section 16, Township 30 South, Range 59 East, C.R.M.; thence northwesterly to the summit of Tukagahgo Mt.; thence northwesterly to the summit of Mt. Kashagnak; thence northwesterly to the summit of Klutshah Mt.; thence due east on a straight line to the highest point on the ridge line between the Chilkoot River drainage and the area drained by the Ferebee River; thence in a southeasterly direction from high point to high point along said ridge line to Sanka Point on the west side of Taiyasanka Harbor; thence southwesterly along the Townsite Service Area Limits to the intersection of the west line of Section 9, Township 30 South, Range 59 East, C.R.M. to the N.W. corner of Section 16, the true point of beginning.

3. Rural Residential Zone.

a. Purpose. This zone is intended to provide for the establishment of a rural residential area allowing for one single-family dwelling per lot and cottage industries.

b. Applicability. This zone applies to all lands within Lutak Inlet land use planning and zoning district excluding those within the riparian zone.

c. Uses-by-Right.1 Permitted uses are those uses which are allowed outright within a particular zone. In the residential zone those uses are:

(1) One single-family dwelling per lot;

(2) Guest houses;

(3) Cottage industry;

(4) Domestic log milling (milling for personal use);

(5) Marijuana testing facilities;

(6) Site development as authorized by HBC 18.30.010.

d. Accessory Uses. Accessory uses are those uses which are incidental to the permitted use. In the residential zone, accessory uses include but are not limited to:

(1) Wood sheds, greenhouses, smokehouses, tool sheds, steam baths, saunas, workshops and garages, provided they are within the required setbacks;

(2) Chicken coops, rabbit hutches, barns, and other structures and enclosures for housing animals and fowl, provided they are within the required setbacks;

e. Conditional Uses. Conditional uses in the rural residential zone are:

(1) Churches;

(2) Schools;

(3) Lodging houses;

(4) Public parks and recreation sites;

(5) Public utility facilities;

(6) Fire stations;

(7) Community halls;

(8) Governmental buildings;

(9) Rentals, sales, and professional services;

(10) Fish hatchery;

(11) Commercial agriculture;

(12) Commercial logging;

(13) Campgrounds; provided, that:

(a) A 50-foot greenbelt separates the campsites from any public road right-of-way and a 20-foot greenbelt separates the campsites from any perimeter property lines; and

(b) The campground is at least one-half mile from existing houses or land subdivided for residential purposes at the time of the application for a conditional use permit; and

(c) The campground provides facilities for solid waste disposal (e.g., bear-proof dumpsters); and

(d) Complies with all Department of Environmental Conservation sanitation requirements contained in 18 AAC 30; and

(e) The campground has a maximum average density of six individual campsites per commercially developed acre, a minimum distance from center to center of adjacent sites of 75 feet and a maximum of 60 sites overall;

(14) Cemetery;

(15) Vacation rentals;

(16) Marijuana cultivation (indoor/outdoor, small, large, limited, unlimited) and marijuana manufacturing (small).

f. Prohibited Uses Designated. All uses not expressly provided under permitted, accessory or conditional uses are prohibited.

g. Lot Standards. The minimum lot size in the rural residential zone shall be three acres. The minimum lot width shall be 200 feet.

h. Building Setback Standards. Structures shall be located no closer than 10 feet from all property lines except for properties located along the Lutak Spur road (from the Chilkoot River Bridge to the end of the road) where there will be no minimum setback along the road front right-of-way. Setbacks will apply for all other property lines along the Lutak Spur road.

i. Building Height Standards. The building height standard is 35 feet maximum height from the plane of the mean building grade.

j. Sign Standards.

(1) Signs permanently affixed to structures shall not exceed 32 square feet.

(2) Permanent signs not affixed to a structure shall not exceed 16 square feet.

(3) Only nonelectrified signs will be permitted.

(4) Temporary signs shall be removed within 10 days after the date of sale or the event or condition advertised. Temporary signs shall not exceed 16 square feet per side.

k. Recreational Vehicle (RV) Parking. Recreational vehicles are not to be used as permanent dwellings, such as a single-family dwelling, and may not be inhabited on the lot more than four months annually. Parking will be limited to three RVs per lot. Commercial RV parks are prohibited.

l. Noise Standards.

(1) Heavy equipment operation, other than for house maintenance, building construction, or emergencies, is limited to the hours of 8:00 a.m. to 5:00 p.m., seven days a week with a maximum of seven consecutive days of operation.

(2) All generators used for permanent power must be muffled, enclosed and owners must employ noise reduction measures (a pamphlet describing such measures will be available from the manager). Generators used for construction purposes or emergencies are exempt. It is not the intent of this chapter to place an onerous burden on any property owner but to try to control noise pollution from power generators for the benefit of all within the zone.

4. Riparian Zone (RI).

a. Purpose. This zone is intended to provide for the protection of waterfront property.

b. Applicability. The riparian zone applies to all land from mean high tide to the 21-foot high tide level and 15 feet landward therefrom and/or 15 feet from the vegetated banks of streams or lakes.

c. Permitted Uses.1 The only permitted use will be water intake structures for domestic water use.

d. Accessory Uses. Accessory uses in the riparian zone are:

(1) Saunas;

(2) Cisterns;

(3) Hot tubs;

(4) Spring houses.

e. Conditional Uses. Conditional uses in the riparian zone are:

(1) Hydropower units;

(2) Parks;

(3) Fish hatcheries;

(4) Docks;

(5) Boat launching facilities;

(6) Bridges;

(7) Roads and trails;

(8) Cottage industries;

(9) Commercial water intakes.

f. Prohibited Uses Designated. All uses not expressly provided under permitted, accessory or conditional uses are prohibited.

D. GU – General Use Planning/Zoning District.

1. Intent. Recognizing the borough regions with no previous land use regulation and the need to provide a reasonable transition toward land use regulation, the general use planning/zoning district is intended to allow as broad a range of land uses as possible. This district allows any use, but requires a conditional use permit for high impact uses.

2. Uses-by-Right.1

a. Existing uses;

b. Animal husbandry or crop production;

c. Residential uses, including duplex and multifamily dwellings, subdivisions, trailers, mobile homes and mobile home parks;

d. Retail and wholesale commercial businesses;

e. Vehicle, engine or boat repair shops;

f. Hotels, motels, bed and breakfasts or other commercial accommodations;

g. Office buildings, including medical and dental offices;

h. Recreational vehicle parks;

i. Parks and campgrounds;

j. Utility facilities and structures;

k. Light and heavy industrial uses;

l. Resource extraction;

m. Sawmills;

n. Manufacturing, processing and storage facilities;

o. Docks, marinas, piers, boat ramps and freight or bulk transshipment facilities;

p. All other uses not specifically listed above, and any use or structure, which is customarily accessory and clearly subordinate to uses-by-right;

q. Marijuana establishments.

3. Prohibited Uses. There are no prohibited uses in this district.

4. Nonconforming Uses. There are no nonconforming uses in this district.

5. Conditional Uses. Landfills, commercial power plants, cemeteries, heliports, and hazardous materials storage facilities require a conditional use permit.

Applications for conditional use permits in the general use zoning district shall be submitted and processed in accordance with Chapter 18.50 HBC, and definitions under HBC 18.20.020 shall apply. (Ord. 23-04-641 § 4; Ord. 22-09-630 § 4; Ord. 22-04-615 § 4; Ord. 20-01-555 § 5; Ord. 19-03-527 § 6; Ord. 19-03-526 § 4; Ord. 19-02-522 § 5; Ord. 19-01-515 § 6; Ord. 18-01-484 § 7; Ord. 13-10-354 § 4; Ord. 13-09-349 §§ 5, 6; Ord. 11-04-262 § 4; Ord. 11-02-257 § 4; Ord. 07-04-153; Ord. 05-05-106; Ord. 04-06-060)

1 Code reviser’s note: Section 5 of Ord. 22-01-601 provides that “Container Home – Primary Dwelling” and “Yurt – Primary Dwellingshall be UBR (uses-by-right) in the Mud Bay, Lutak [Inlet] and general use planning/zoning districts.