18.25.020 Unclassified.
(a) Property designated as “O” or “open space” on the zoning map or in the comprehensive plan shall be deemed to be within the unclassified district as described in this section. With regard to such district, the City Council finds that:
(1) The community aspiration for open space cannot be fully achieved by land use regulation alone and there are not at this time resources available for the purchase or condemnation of the land within this district for such purpose.
(2) All more intense uses of land which are foreseeable at the time of enactment of the ordinance codified in this chapter can be accommodated within the City within the areas of the other zoning districts.
(3) Extension of public infrastructure which is necessary for more intense development of some of the lands within this district is not feasible at the time of enactment of the ordinance codified in this chapter.
(4) The single private landowner affected by the imposition of this district at this time owns substantial land within the other zoning districts which is sufficient to accommodate all of its currently foreseeable land development and transfer plans.
(5) There currently does not exist sufficient evidence by which to formulate a plan for the segregation of land uses within parts of this district.
(6) The cost and community division associated with attempting to further classify lands within this district is not warranted.
(7) The land within this district should be developed, if at all, after land within other districts has been fully utilized.
(b) The unclassified district is intended to balance the community aspiration set forth in the coastal management and comprehensive plans that areas within the district be open space with the rights of private landowners under the United States and Alaska Constitutions that their property not be taken or damaged without just compensation being paid.
(c) The unclassified district is intended to be a transitional classification which preserves the land in its natural state pending an application from an affected private landowner for a zoning map amendment changing the classification of specific land within the district and a finding by the City Council that it is more likely than not that the land must be reclassified (1) to permit a transaction concerning the land to occur, or (2) to permit a use of the land which cannot be accommodated on other land of the applicant which is within another zoning district. The unclassified district is not intended to characterize any land as being suitable or unsuitable for any particular use or to restrict the City Council, upon a finding that the land must be reclassified, from classification of the land described in the application in any manner which the Council finds to be in the public interest.
(d) Except as set forth in subsection (d)(6) of this section, within the unclassified district, there are no permitted structures, buildings or facilities. The following uses are permitted within the unclassified district:
(1) Subsistence uses or resources and historically accurate structures used for such purposes to include hunting of birds and animals, gathering of fish, shellfish, berries, roots and other edible plants;
(2) Rookeries, bird cliffs, and grazing;
(3) Historic, archaeological and other cultural sites and landmarks including cemeteries;
(4) Environmental remediation and research facilities;
(5) Recreational areas, parks, playgrounds, wildlife preserves, camping, picnicking, sport fishing, and hiking trails; and
(6) Public facilities, uses and utilities.
(e) Structures, buildings and facilities not identified in subsection (d)(6) of this section may be allowed in this district under the conditional use process set forth in CCO 18.25.090, but only if necessary for the protection and management of one or more of the following:
(1) One or more of the uses listed in subsections (a)(1) through (a)(5) of this section;
(2) Water reservoirs and water treatment facilities;
(3) Flood control and drainage structures;
(4) Snow and water gauging stations;
(5) Pumping facilities;
(6) Viewing areas;
(7) Fencing, screening and viewing blinds necessary for public safety and resource management and protection; or
(8) Navigational aids. [Code 1979 § 15.02.020.]