§ 21.18.140. Definitions.

As used in this chapter:

"Abandoned" means to cease a use for a specified time period, whether the cessation of use is intentional or unintentional, and whether or not the use is seasonal.

"Accessory structure" means a use or structure that is subordinate in size or purpose to the principal structure or use of the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal structure or use of land.

"Anadromous Waters" as used within KPB 21.18 means those fresh or predominately fresh waters of the Kenai Peninsula Borough which have been listed by the State of Alaska Department of Fish & Game in the "Atlas and Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fish" and also listed within KPB 21.18 and the KPB 21.18 Appendix .

"Best management practices" means that combination of conservation measures, structures, or management practices that reduces or avoids adverse impacts of development on land, water or waterways, and water bodies.

"Braided Channels" means the intertwined branches or secondary channels of a river or stream and characterized by the separation and rejoining of two or more channels separated by bars or islands.

"Commercial use" shall mean an occupation, employment, or enterprise that is carried on for sale of goods or services or for profit.

"Conditional use" shall mean a use that would not be appropriate without restrictions throughout the habitat protection area but which, if controlled as to number, area, location, relation to the habitat or method of operation, would not cause or lead to significant erosion, sedimentation, damage to the habitat protection district, an increase in ground or surface pollution and damage to riparian wetlands and riparian ecosystems.

"Cut bank" shall mean banks of anadromous waters with exposed soil surface that have occurred from natural or manmade causes whether the exposed surface extends to the high water mark or not.

"Emergency" means a sudden unexpected occurrence, either the result of human or natural forces, necessitating immediate action to prevent or mitigate significant loss or damage to life, health, property, essential public services, or the environment.

"Erosion" shall mean significant sloughing, washout, or discharge of soil arising from manmade sources or causes.

"Estuary" means a semi-enclosed coastal body of water with a free connection to the sea and in which seawater is measurably diluted with freshwater derived from land drainage.

"Fuel storage tank" shall mean any vessel for the storage of petroleum based fuels including gasoline, diesel, kerosene and heating oil having a liquid volume of 200 gallons or more.

"Gratewalks" shall mean elevated light penetrating (ELP) walkways utilizing some variety of open grate material as a surface.

"Ground or water pollution" shall mean the discharge, application, spread or release of chemicals, toxic materials, fuels, pesticides, petroleum based fuels on or into the soil and waters within the habitat protection area.

"Higher high water" The higher of the two high waters of a tidal day where the tide is of the semidiurnal or mixed type. The single high water occurring daily during periods when the tide is diurnal is considered to be higher high water.

"Impervious Coverage" means an area of ground that, by reason of its physical characteristics or the characteristics of materials covering it, does not absorb rain or surface water. All parking areas, driveways, roads, sidewalks and walkways, whether paved or not, and any areas covered by buildings, structures, or water shedding material such as, but not limited to, concrete, asphalt, brick, stone, wood, ceramic tile, plastic sheeting or metal shall be considered to be or have impervious coverage. Elevated light penetrating structures meeting the requirements of KPB 21.18.071 A.2 shall not be counted as impervious coverage.

"Kenai River" shall mean the main stem of the river from and including Kenai Lake to the mouth including Skilak Lake. The main stem shall include all sloughs, channels, boat basins, distributaries, and lagoons. For the purpose of this chapter, the mouth shall be described as the western most section line common to Section 5 and Section 8, T5N, R11W, Seward Meridian.

"Lagoon" means relatively shallow bodies of water, mostly-enclosed, with an oceanic source, separated by a low-lying swatch of land, such as a spit or barrier island. This oceanic source may be continual or episodic, such as storm-induced overwash, and generally has a different salinity as a result of its restricted access.

"Lift" means a structure which elevates and lowers boats, floatplanes, people, and cargo to and from the river or adjacent shoreland.

"Logging" shall mean removal or cutting down more than 50 trees per acre that have a breast diameter height of 6″ or more.

"Mean Higher High Water" A tidal datum. The average of all the daily higher high water recorded over a 19-year period or a computed equivalent period.

"Mean high water line" or "ordinary high water line" shall have the definition given in 11 AAC 53.900(15) as it currently exists or as it may be renumbered or revised.

"Mile Zero" The downstream beginning point of the anadromous waters identified in 21.18, and the riparian zone defined as the habitat protection district. On riverine systems subject to tidal inundation, Mile Zero begins at the elevation of mean high tide, where not otherwise designated by KPB code or prior designations.

"Native vegetation" means native plant communities that are undisturbed or mimicked.

"Ordinary high water mark" shall have the definition given in 11 AAC 53.900(23) as it currently exists or as it may be renumbered or revised.

"Principal structure" means a structure in which is conducted the principal use of the lot on which it is located.

"Public launch" means a facility accessible to the general public used to launch and retrieve trailered boats and is capable of launching such boats with a passenger vehicle and trailer in a safe manner.

"Riparian habitat" shall mean the areas within and adjacent to anadromous waters containing spawning and rearing habitat for salmon or that provide immediate cover or stability for salmon and eggs at all stages of development.

"River center" shall mean the Kenai Peninsula Borough Donald E. Gilman River Center.

"Soil erosion" shall mean the increased movement of soils that occurs as a result of human activities or development.

"Structure" shall mean anything which is constructed, erected or moved to or from any premises and which is located above, on, or below the ground, including buildings, roads, signs, billboards, satellite antennas and other communication structures, fences, and mobile homes. Building materials including but not limited to doors, windows, carpet, roofing, posts, and beams which have not been assembled, incorporated, or erected into a structure do not alone or collectively constitute structures.

"Substantially complete" shall mean essentially completed and available for the owner's beneficial use for the purpose and in the manner intended for the structure.

"Substantially damaged" shall mean that the cost to repair the damage equals or exceeds 50% of the structures' assessed value prior to the damage.

"Substantially reconstructed" shall mean completed to a point where the structure is available for the owner's beneficial use or occupancy.

"Tide Dominated Delta" means a river delta subject to tidal inundation as well as tidal and storm erosion which may be mainly submarine with prominent bars or ridges.

"Watershed" means a land area, also known as a drainage area, which collects precipitation and contributes runoff to a receiving body of water or point along a watercourse.

"Wetlands" shall have the meaning given in 16 USC § 1302 as applied to land within the habitat protection area.

( Ord. No. 2013-18, § 16, 7-2-13 ; Ord. No. 2012-06, § 3, 5-15-12; Ord. No. 2011-09, § 2, 5-17-11; Ord. No. 2010-21, §§ 8, 9, 6-8-10; Ord. No. 2010-16, § 4, 5-4-10; Ord. No. 2010-14, § 4, 4-6-10; Ord. No. 2000-08, § 10, 5-16-00; Ord. No. 97-26, §§ 5, 6, 1997; Ord. No. 96-06, § 1(part), 1996)