FY2016-04 Amending Title 17 Zoning, Chapter 17.140 Existing Nonconforming Uses and Structures for Mobile Homes Displaced Introduced by: Borough Assembly
I Requested by: Borough Assembly 1
Planning and Zoning Commission
2 Drafted by: Community Development Department
3 Introduced: 07/30/2015
4 Public Hearing: 08/06/2015
5 Adopted: 08/06/2015
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO, FY2016-04
8
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
10 BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF
11 ORDINANCES TITLE 17 ZONING, CHAPTER 17.140 EXISTING
12 NONCONFORMING USES AND STRUCTURES TO ALLOW MOBILE
13 HOMES DISPLACED UNDER ALASKA STATUTES 34.03.226 TO
14 RELOCATE WITHIN EXISTING NONCONFORMING MOBILE HOME
15 PARKS
16
17 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises
18 planning, platting, and land use regulations on an area wide basis pursuant to Chapter
19 29.40 Alaska Statutes; and
20
21 WHEREAS, in accordance with AS 29.40, the Borough adopted Ordinance No. FY2008-
22 10 Kodiak Island Borough 2008 Comprehensive Plan Update on December 6, 2007
23 replacing the 1968 Comprehensive Plan; and
24
25 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 Zoning in accordance
26 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
27
28 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity,
29 convenience, general welfare or good zoning practice requires, the assembly may, by
30 ordinance and after report thereon by the commission and public hearing as required by
31 law, amend, supplement, modify, repeal or otherwise change these regulations and the
32 boundaries of the districts;" and
33
34 WHEREAS, the recent announced closure of Jackson's Mobile Home Park pursuant to
35 AS 34.03.225(a)(4) will result in nearly 100 families being forced to relocate; and
36
37 WHEREAS, many of the mobile homes in question may not be able to be moved due to
38 age, structural condition, or modifications over time; and
39
40 WHEREAS, no other existing mobile homes parks in Kodiak currently have approval for
41 additional spaces to be added to those parks; and
42
43 WHEREAS, most existing mobile home parks are nonconforming land uses and
44 expansion of nonconforming land uses is not permitted under KIBC Chapter 17.140
45 Existing Nonconforming Uses and Structures; and
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46 WHEREAS, there may be space available in existing nonconforming mobile home parks
47 to accommodate additional mobile homes if the zoning regulations permitted such
48 expansion; and
49
50 WHEREAS, the Borough desires to relax the regulatory requirements to permit mobile
51 homes displaced pursuant to AS 34.03.225 to relocate to existing mobile home parks: and
52
53 WHEREAS, the Borough recognizes that in doing so, certain zoning standards for
54 mobile home parks (will or may not be met); and
55
56 WHEREAS, the public necessity and general welfare of the community may be better
57 served by amending the code to allow mobile homes to be relocated rather than requiring
58 strict adherence to existing zoning requirements for mobile home parks; and
59
60 WHEREAS, amending KIBC Chapter Title 17 Zoning, 17.140 Existing Nonconforming
61 Uses and Structures will accomplish the stated public need; and
62
63 WHEREAS, the Planning and Zoning Commission held a special work session to review
64 the proposed changes to KIBC Chapter 17.140 on July 1, 2015; and
65
66 WHEREAS, the Commission set aside time for public input and discussion at the work
67 session; and
68
69 WHEREAS, the Commission held a public hearing at a special meeting on July 8, 2015
70 and a second public hearing at a regular meeting on July 15, 2015 and following the July
71 15, 2015 public hearing, voted to transmit its recommendations for revisions to KIBC
72 Chapter 17.140 to the Borough Assembly; and
73
74 WHEREAS, as part of its recommendation to adopt the revisions to KIBC Chapter
75 17.140, the Commission adopted Findings of Fact, which are attached hereto as Exhibit A;
76 and
77
78 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
79 BOROUGH that:
80
81 Section 1: This ordinance is of a general and permanent nature and shall become a
82 part of the Kodiak Island Borough Code of Ordinances;
83
84 Section 2: Title 17 Zoning, Chapter 17.140 Existing Nonconforming Uses and
85 Structures is hereby amended as follows:
86
87
88
Kodiak Island Borough, Alaska Ordinance No. FY2 Page 2
89 Chapter 17.140
90 EXISTING NONCONFORMING USES AND STRUCTURES
91 Sections:
92 17.140.010 Explanation.
93 17.140.020 1 ntent.
94 17.140.030 Nonconforming lots of record.
95 17.140.040 Nonconforming structures.
96 17.140.050 Nonconforming uses of structures and land.
97 17.140.060 Parking.
98 17.140.070 Prior construction.
99 17.140.080 Exception — Junkyards.
100 17.140.085 Exceptions — Relocation of mobile homes displaced by a change
101 of land use.
102 17.140.090 Exceptions.
103 17.140.100 Definitions.
104
105 17.140.010 Explanation.
106 When a lot, structure or use legally exists prior to the adoption of an ordinance
..� 107 coded in this title, but does not meet the requirements of this title, it shalt be
108 permitted to continue within the limits set forth in this chapter under
109 "nonconforming" status. There are three types of nonconforming status:
110 A. Nonconforming Lots. The lot width or area is smaller than the minimum
111 permitted in the land use district in which it is located;
112 B. Nonconforming Structures. The structure is designed to accommodate a
113 nonconforming use or fails to meet yard, height or other development requirements
114 established for the land use district in which it is located; and
115 C. Nonconforming Uses. The use to which land and/or structures is being put is not
116 a permitted or conditional use in the land use district in which it is located.
117
118 17.140.020 Intent.
119 It is the intent of this chapter to permit these nonconformities to continue until they
120 are eliminated. Nonconforming uses are generally incompatible with conforming
121 uses. Nonconforming nonresidential uses are especially incompatible with
122 permitted uses in residential zoning districts.
123
124 17.140.030 Nonconforming lots of record.
125 A nonconforming lot in any zoning district can be developed as permitted;
126 provided, that it can be demonstrated that all other current zoning district
127 requirements such as setbacks and parking can be met. Nothing in this title shall
128 be construed to prohibit the creation of nonconforming lots which are federally
129 mandated.
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130
131 17.140.040 Nonconforming structures.
132 A. Any legal structure existing at the effective date of adoption or amendment of
133 the ordinances codified in this title that could not be built under the existing terms
134 of this title by reason of restrictions on area, lot coverage, height, yards, deficiency
135 of required parking, or other characteristics of the structure or its location on the lot
136 may be continued so long as it remains otherwise legal.
137 B. Ordinary repairs, including the repair or replacement of walls, doors, windows, -
138 roof, fixtures, wiring, and plumbing, may be made to nonconforming structures.
139 C. Nonconforming residential structures may be enlarged or expanded; provided,
140 that there are no other residential structures located on the property, no portion of
141 the structure extends over any lot line, and all other building, fire and zoning
142 requirements are met. Any encroachment into required setbacks exceeding the
143 original building footprint shall be permitted only by the grant of a variance under
144 Chapter 17.195 KIBC.
145 D. Should a nonconforming structure be destroyed, it shall not be reconstructed
146 except in conformity with the regulations of this title. Destruction does not include
147 deterioration through ordinary neglect.
148
149 17.140.050 Nonconforming uses of structures and land.
150 A. A legal use of a structure, land, or of a structure and land in combination,
151 existing at the effective date of adoption or amendment of the ordinances codified
152 in this title, may be continued so long as it remains otherwise legal.
153 B. Structures containing nonconforming residential uses, located in a
154 nonresidential zoning district, may be expanded as long as the entire structure
155 meets, at a minimum, the parking and building code requirements for office or retail
156 use.
157 C. Structures containing nonconforming residential uses, located in a residential
158 zoning district, may only be expanded if the nonconforming use of the structure is
159 eliminated.
160 D. Structures containing nonconforming nonresidential uses may not be expanded.
161 E. Ordinary repairs including the repair or replacement of walls, doors, windows,
162 roof, fixtures, wiring, and plumbing may be made to structures containing
163 nonconforming residential uses.
164 F. Ordinary maintenance including the repair of walls, doors, windows, roof,
165 fixtures, wiring, and plumbing may be made to structures containing
166 nonconforming nonresidential uses.
167 G. When the nonconforming use of a structure, land, or structure and land in
168 combination, is voluntarily discontinued or abandoned for one year or more, the
169 structure, or structure and land in combination, shall not thereafter be used except
170 in conformance with the regulations of the district in which it is located. Where
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171 nonconforming use status applies to a structure and land in combination, removal
172 or destruction of the structure shall extinguish the nonconforming use of the land.
173
174 17.140.060 Parking.
175 A. A nonconforming residential structure may be enlarged or expanded without
176 requiring additional parking under Chapter 17.175 KIBC, as long as the number of
177 dwelling units in the structure is not increased.
178 B. A nonconforming nonresidential structure may be changed to another legal use
179 without requiring additional parking under Chapter 17.175 KIBC as long as the new
180 use of the structure requires no more parking spaces than the previous
181 nonconforming use.
182
183 17.140.070 Prior construction.
184 Nothing in this chapter requires a change in the plans, construction, or designated
185 use of any building on which actual construction was legally begun prior to the
186 effective date of adoption or amendment of the ordinances codified in this title and
187 upon which actual building construction has been diligently carried on.
188
189 17.140.080 Exception —Junkyards.
190 Junkyards, as defined in Chapter 17.25 KIBC, located in any district other than an 1
191 industrial district, are a public nuisance and are not entitled to the protective
192 provisions of this chapter.
193
194 17.140.085 Exception — Relocation of mobile homes displaced by a change of
195 land use.
196 A. The provisions of this chapter with respect to nonconforming land uses
197 shall not apply to mobile homes that must vacate mobile home parks
198 resulting from a change of land use and notices issued under AS 34.03.225,
199 when those mobile homes will be relocated to another existing
200 nonconforming mobile home park.
201 B. Mobile homes relocated under this exception shall meet the following
202 requirements:
203 1. Zoning compliance for the new location;
204 2. Any required building, electrical, and plumbing permits must be
205 obtained;
206 3. Mobile homes to be relocated utilizing this exception must be current
207 on Borough real and personal property taxes;
208 4. A 5' setback to any external property lines shall be maintained in the
` 209 new location;
210 5. Minimum separation requirements from adjacent structures or mobile
211 homes, as determined by the building official; and
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212 6. Approved utility connections.
213 C. This exception takes effect upon adoption and shall sunset on December
214 31, 2018.
215
216 17.140.090 Exceptions.
217 When a lot, structure, or use was authorized by the provisions of former Chapter
218 17.65 KIBC concerning an application for an exception, but which does not meet
219 the current requirements of this title, it shall be considered to have nonconforming
220 status and be permitted to continue within the limits set forth in this chapter.
221
222 17.140.100 Definitions.
223 For purposes of this chaptet, the following zoning districts are considered
224 residential zoning districts:
225 WH —Wildlife Habitat District (Chapter 17.40 KIBC);
226 C — Conservation District (Chapter 17.50 KIBC);
227 RD — Rural Development District (Chapter 17.55 KIBC);
228 RR2 — Rural Residential Two District (Chapter 17.60 KIBC);
229 RR — Rural Residential District (Chapter 17.65 KIBC);
230 RR1 — Rural Residential One District (Chapter 17.70 KIBC);
231 R1 — Single-Family Residential District (Chapter 17.75 KIBC);
232 R2 —Two-Family Residential District (Chapter 17.80 KIBC);
233 R3 — Multifamily Residential District (Chapter 17.85 KIBC).
234 For purposes of this chapter all other zoning districts are considered to be
235 nonresidential zoning districts.
236
237 Section 3: This ordinance will take effect upon adoption.
238
239 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
240 THIS SIXTH DAY OF AUGUST, 2015
241
242 KODIAK ISLAND BOROUGH
243 '
244r
245
246 Jerrol Friend, Borough Mayor
247
248 A ST:
249
250
251
252 Nova M. Javier, MM, , Borough Clerk
253
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254 EXHIBIT A
255 Planning and Zoning Commission adopted Findings of Fact for Kodiak Island Borough
256 Ordinance No. FY2016-04.
257 FINDINGS OF FACT (KIBC17.205.020)
258 1. The amendments to KIBC Chapter 17.140 Existing Nonconforming Uses and
259 Structures will eliminate a regulatory hurdle that currently prevents mobile
260 homes displaced from Jackson's Mobile Home Park to relocate to other
261 existing mobile home parks.
262 2. All but one of other mobile home parks in Kodiak are nonconforming land uses
263 and several have existing spaces that could be occupied if the nonconforming
264 standards of the code did not prohibit expanding nonconforming land uses.
265 3. There is a lack of readily available land that is designated for any new mobile
266 home park.
267 4. The amendments to Chapter 17.140 Existing Nonconforming Uses and
268 Structures are consistent with the Comprehensive Plan Goals and Polices
269 related to housing and specifically, affordable housing.
270 5. The Planning and Zoning Commission recommends approval of the
271 amendments to Chapter 17.140 KIBC.
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