§ 21.44.230. Definitions.

Adequate legal description means a written description of real property by government survey, metes and bounds, or lot number of a recorded plat or by aliquot part in a conveyance document such that the parcel can be identified, located, and distinguished from other parcels. It shall include, if available, the street address, city, state and zip code of the real property.

Accessory structure means a structure on the same lot and of a nature customarily incidental and subordinate to the principal structure.

Affected property owners are those owners within an LOZD who have filed written or oral testimony in a matter pertaining to the LOZD.

Animal, small means any animal, other than livestock or animals considered to be predatory or wild which are kept outside a dwelling unit all or part of the time. Animals considered predatory or wild, shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting, or exhibition.

Average grade means the average grade calculated from the grade elevations at the four points where an imaginary line parallel to the front and rear yard setback lines and touching the (proposed) structure intersects the required side yard setback lines.

Commercial means a land use or other activity involving the offering of goods or services for financial gain.

Dog lot means the keeping or raising of five or more dogs over the age of six months on a parcel.

Duplex means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except that a common exterior stairwell may serve both dwelling units.

Dwelling means a building designed or used as living quarters or private residence for people.

Front yard means that portion of a lot which is bounded by a dedicated public right-of-way.

Habitable space means that portion of a structure that is used for actual and daily living purposes including working, sleeping, eating, cooking, or recreation or a combination thereof. Habitable floor space does not include storage sheds, garages or other space used only for parking or storage.

Hazard means a source of danger or adverse condition that has potential to harm people or property.

Hazardous chemical means a chemical that is a physical hazard or a health hazard.

Hazardous substance means substances defined at AS 46.08.900(6) and AS 46.09.900(4) as amended.

Home occupation is that accessory use of a dwelling that shall constitute either entirely or partly the livelihood of a person living in the dwelling unit.

Household pets means small animals that are kept within a dwelling unit.

Industrial means any activity which includes manufacturing, processing, warehousing, storage, disposal, distribution, shipping, and other related uses. Examples of industrial uses include, but are not limited to material sites, asphalt and cement batch plants, energy generating plants, oil and gas pipeline pumping stations, oil and petrochemical refining or liquefaction processes, septic or sewage processing or treatment facilities, and other uses or activities of similar character and impact. Industrial includes both heavy and light industrial uses.

Industrial, heavy means the manufacture of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that involve hazardous or commonly-recognized offensive conditions.

Industrial, light means a use engaged in the manufacture predominantly from previously-prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Inoperable vehicle means a vehicle that

(A)

is not currently registered under AS 28.10, except for a vehicle not currently registered under AS 28.10 and used exclusively for competitive racing;

(B)

is stripped, wrecked, or otherwise inoperable due to mechanical failure;

(C)

has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle; or

(D)

is in a condition that exhibits more than one of the following elements:

1.

broken glass;

2.

missing wheels or tires;

3.

missing body panels or parts; or

4.

missing drive train parts.

Kennel means a premises where a person owns or keeps five or more dogs over the age of six months in the operation of a business, which includes buying, selling, training, boarding, grooming, or breeding.

Livestock means grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including but not limited to the following: cattle, riding and draft horses, hogs excluding pigs weighing under 120 pounds and standing 20 inches or less at the shoulder, which are kept as pets or small animals, sheep, and/or goats.

Livestock, Large means cattle, horses, and other livestock generally weighing over 500 pounds.

Livestock, Small means hogs, excluding pigs weighing under 120 pounds and standing 20 inches or less at the shoulder, which are kept as household pets or small animals, sheep, goats, miniature horses, llamas, alpaca, and other livestock generally weighing under 500 pounds.

Multi-family dwelling unit means a building with multiple dwelling units, each with self-contained bathroom and kitchen facilities.

Nonconforming use means a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.

Nuisance means a substantial and unreasonable interference with the use or enjoyment of real property, including water, especially a continual or repeated invasion of a use or activity which invades the property line of another so as to cause harm or discomfort to the owner or resident of that property. Excessive or noisy vehicular traffic, dust, glare, and smoke are examples of nuisances.

Open Space means land used for recreation, resource protection, amenity, aesthetics and/or buffers. In no event shall any area of a lot constituting the minimum lot area nor any part of an existing or future road or right-of-way be counted as constituting open space. Open space may be private or public and contain accessory structures. Examples of open spaces include but are not limited to fields, school yards, wetlands, and parks.

Outhouse means a detached enclosed structure having one or more holes in a seat built over a pit and serving as an outdoor toilet.

Planning Director means the planning director of the Kenai Peninsula Borough or the planning director's designee.

Rear yard means that portion of a lot bounded by the lot line which is opposite and most distant from the front yard lot line.

Restaurant means a structure or lot which has as the principal use the preparation and sale of food and beverage.

Retail sales are sales made to the ultimate consumer, often in small quantities.

Sexually oriented business is a commercial enterprise whose major business is the offering of services or goods which is intended to provide sexual stimulation or sexual gratification to the customer.

Shore setback means the distance measured from the ordinary high water mark of a watercourse, lake, pond, flowage, or saltwater environment.

Side yard means that portion of a lot bounded by a line which is neither a front yard nor a rear yard lot line.

Sign means any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed primarily for the purpose of advertising or identifying any establishment, products, goods or services.

Structure means anything that is constructed or erected and located on or under the ground. For purposes of minimum setback requirements under KPB 21.44 the following items are not considered structures: fences; retaining walls; parking areas; roads, driveways or walkways; window awnings; a temporary building when used for 30 days or less; utility poles and lines; guy wires; clothes lines; flag poles; planters; incidental yard furnishings; water wells; monitoring wells and tubes; patios, decks, or steps less than 18 inches above average grade.

Temporary structure means a transportable structure for one-time use not to exceed six consecutive months.

Toxic means those substances or substance combinations, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indirectly by ingestion through the food chains, will, on the basis of information available, cause death, disease, behavioral or physiological abnormalities, malignance, genetic mutation, or physical deformations, in affected organisms or their offspring.

Wrecked vehicle means a vehicle that is disabled and cannot be used as a vehicle without substantial repair or reconstruction.

(Ord. No. 2016-03 (Sub.) , § 1, 5-3-16; Ord. No. 2010-23, §§ 14, 15, 6-22-10; Ord. No. 2009-43, § 3, 9-1-09)