FY2017-21 Amending Chapters 17.25 KIBC (Definitions), 17.160 KIBC (Accessory Buildings), And Related Chapters Of Title 171
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Introduced by: Borough Manager
Drafted by: CDD
Introduced on: 04/06/2017
Public Hearing Date: 06/15/2017
Amended: 06/15/2017
Adopted on: 06/15/2017
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-21
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
CHAPTERS 17.25 KIBC (DEFINITIONS), 17.160 KIBC (ACCESSORY BUILDINGS), AND
RELATED CHAPTERS OF TITLE 17, ZONING TO INCLUDE DEVELOPMENT STANDARDS
FOR ACCESSORY DWELLING UNITS AND TO SPECIFICALLY LIST ACCESSORY
DWELLING UNITS AS A PERMITTED USE IN CERTAIN RESIDENTIAL ZONING DISTRICTS
WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
1968 Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and after
report thereon by the commission and public hearing as required by law, amend, supplement,
modify, repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, there is a growing awareness of the need for additional housing options in
Kodiak; and
WHEREAS, the use of accessory dwelling units may be one part of a regulatory solution to
address this multi -faceted issue; and
WHEREAS, KIBC Title 17 (Zoning) does not include regulatory requirements for accessory
dwelling units and does not list them as a permitted use in any zoning district; and
WHEREAS, the public necessity and general welfare of the community may be better served
by amending the code to include development standards and zoning requirements for
accessory dwelling units and to list them as a permitted use in certain residential zoning
districts; and
Kodiak Island Borough, Alaska
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Ordinance No. FY2017-21
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WHEREAS, the amendments to Chapters 17.25 KIBC (Definitions), 17.50 (C -Conservation),
17.60 (RR2-Rural Residential Two), 17.65 (RR -Rural Residential), 17.70 (RR1-Rural
Residential One), 17.75 (R1 -Single-family Residential), 17.80 (132 -Two-family Residential), and
17.160 (Accessory Buildings) of Title 17 will accomplish the stated public need; and
WHEREAS, the Planning and Zoning Commission held work sessions or special meetings to
review the proposed changes on October 7, 2015, October 14, 2015, and November 10 2015;
and
WHEREAS, the Planning and Zoning Commission set aside time for public input and
discussion at each work session and special meeting; and
WHEREAS, the Planning and Zoning Commission held work sessions on December 9, 2015,
January 13, 2016, March 9, 2016, and May 11, 2016 followed by public hearings on December
16, 2015, January 20, 2016, March 16, 2016, and May 18, 2016; and
WHEREAS, the Planning and Zoning Commission, following the May 18, 2016 public hearing,
failed to pass a motion to transmit their recommendations for revisions to Title 17 to the
Borough Assembly; and
WHEREAS, on May 19, 2016, two Planning and Zoning Commissioners filed a
Reconsideration Affidavit with the Community Development Department stating their intent to
reconsider the vote taken after the May 18, 2016 public hearing; and
WHEREAS, the Planning and Zoning Commission, at their July 13, 2016 regular meeting,
voted to reconsider the vote taken after the May 18, 2016 public hearing and to postpone the
vote on the recommendations for revisions to Title 17 to their September 21, 2016 regular
meeting; and
WHEREAS, the Planning and Zoning Commission, held an additional work session on
September 14, 2016 followed by an additional public hearing on September 21, 2016; and
WHEREAS, the Planning and Zoning Commission, following the September 21, 2016 public
hearing, voted to transmit their recommendations for revisions to Title 17 to the Borough
Assembly; and
WHEREAS, the Borough Assembly held work sessions on January 12, 2017, February 9,
2017, March 2, 2017, March 30, 2017, April 13, 2017, and June 8, 2017; and
WHEREAS, the Borough Assembly held a public hearing on June 15, 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Kodiak Island Borough, Alaska Ordinance No. FY2017-21
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Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Title 17 of the Kodiak Island Borough Code of Ordinances is amended to read
as follows:
Chapter 17.25
DEFINITIONS
17.25.020 A definitions.
"Accessory Dwelling Unit (ADU)" means an additional dwelling unit attached to or within
agile—family residence or within a detached accessory structure or as a separate
structure on the same lot as the single-family residence. ADUs have a separate entrance
and exit and contain kitchen, bathroom, and sleeping facilities.
Chapter 17.160
ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS
Sections:
17.160.010 Intent.
17.160.020 Definition.
17.160.030 Permitted districts.
17.160.040 Height limit.
17.160.050 Area.
17.160.060 Setbacks.
17.060.070 Accessory dwelling units.
17.160.010 Intent.
It is the intent of this chapter to set forth standards for the size and location of accessory
buildings and accessory dwelling units. Hoop houses shall not be subject to the limitations of
this chapter in all zoning districts where hoop houses are permitted. [Ord. FY2012-10 §12,
2012; Ord. 90-31 §2,1990; Ord. 82-14-O(A) §2,1982. Formerly §17.51.010].
17.160.020 Definition.
"Accessory building" means:
A. A detached building, the use of which is appropriate, subordinate and customarily incidental
to that of a main building, located on the same lot as the main building and which is not
designed or intended to be used for living or sleeping purposes.
B. An accessory building shall be considered to be a part of the main building when joined to the
main building by a common wall not less than four feet long or by a roofed passageway which
shall not be less than eight feet in width.
C. Any structure, regardless of type of foundation or base support, including skid -mounted or
other movable structure, that also requires a building permit for construction
=' A minor structural
development that does not require a building permit is not regulated by this chapter.
Kodiak Island Borough, Alaska
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D. A nonmotorized container van when used for the sole purpose of storing emergency
response equipment in the Kodiak Island Borough and not placed on a permanent foundation.
[Ord. 2001-01 §2, 2001; Ord. 90-31 §2,1990; Ord. 82-14-O(A) §2,1982. Formerly §17.51.020].
17.160.030 Permitted districts.
A. Accessory buildings are permitted in all land use districts that specifically allow for them.
B. In residential zoning districts, no accessory building shall be located on any lot in the
absence of a main building used as a residence; except that in the case of a vacant lot, zoning
compliance for an accessory building (used solely for the storage of tools and materials needed
for the construction of the permitted residence) may be issued at the same time zoning
compliance and a building permit are issued for a residence.
C. An accessory building as defined by KIBC 17.160.020(D) is permitted in all zoning districts
with authorization from the local municipality and issuance of a zoning compliance permit. [Ord.
2001-01 §3, 2001; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.030].
17.160.040 Height limit.
The maximum height of an accessory building is ; 35 feet. An exception to this section is any
structure that meets the definition of an amateur radio antenna as outlined in AS 29.35.141.
[Ord. FY2006-08 §2, 2006; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly
§17.51.0401.
17.160.050 Area.
A. The maximum lot coverage of the total of all accessory buildings on a lot shall not exceed 10
percent of the area of a lot except that on any lot of record, accessory buildings may cover a
maximum of 600 square feet of the lot or 10 percent of the area of the lot, whichever is greater.
B. Accessory dwelling units are exempt from the lot coverage limitations of this section.
17.160.060 Setbacks.
The minimum yard setbacks requirements for accessory buildings and accessory dwelling
units are those established for the zoning district in which the accessory building or accessory
dwelling unit will be located.
17.160.070 Accessory dwelling units.
A. Intent.
Accessory dwelling units (ADUs) add options and housing choice in residential
neighborhoods and can be an effective way to add affordable housing to existing
neighborhoods. ADUs also provide a flexible way to address family needs for additional
housing. ADUs are not intended for use as transient housing and shall not be permitted
for use as a bed and breakfast.
1. ADUs are not intended to allow a two-family residence in the -R4any single-family
residential zoning district.
2. ADUs are not intended to circumvent the parking requirements for a two-family
dwelling (duplex) in the R-2 zoning district.
B. Permitted Uses.
1. ADUs are a permitted use in the following residential zoning districts:
Kodiak Island Borough, Alaska
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a. Chapter 17.50 KIBC, C -Conservation District:
d. Chapter 17.75 KIBC, R1 -Single-family Residential District (attached);
e. Chapter 17.80 KIBC, R2 -Two-family Residential District.
C. Conditional Uses.
1. ADUs are a conditional use in the following residential zoning districts:
a. Chapter 17.65 KIBC, RR -Rural Residential District;
b. Chapter 17.70 KIBC, RR1-Rural Residential One District (detached);
c. Chapter 17.75 KIBC, R1 -Single-family Residential District (detached).
D. Development Standards for ADUs.
1. Only one ADU shall be permitted on a lot.
2. Location. An ADU may be attached to or located within a single-family residence or
within a detached accessory building on the same lot as the single-family residence
or as a separate structure on that lot. If the ADU is located within a single-family
dwelling, there shall only be one entrance to the front of the house. Separate
entrances to an ADU located within the principal dwelling or attached to it are
permitted at the side or the rear of the principal dwelling unit.
3. ADUs are required to comply with all applicable building and fire code
requirements.
4. Water supply and wastewater disposal. The accessory dwelling unit must have a
bathroom and shall share the same sewage disposal and water supply systems (e.g.,
a well and septic system or connection to public water and sewer) as the principal
dwelling unit unless separate sewer and water connections are required by the City of
Kodiak, ADEC, or the communities of Ahkiok. Karluk, Larsen Bay, Old Harbor.
Ouzinkie, or Port Lions.
5. One (1) additional parking space sk}a41-beprevicled-feris required with an ADU.
6. Size Limit.
a. An ADU shall be limited to 480 square feet or less.
b. Mobile homes, recreational vehicles, campers, senesces, and travel trailers are
not permitted to be used as an ADU.
97. The owner of the property shall live in the principal dwelling or the ADU.
98. No new access points or driveways shall be created or installed for access to the
ADU.
4-09. Nonconforming structures.
a. ADUs may be located within an existing single-family detached dwelling that is
nonconforming with respect to required setbacks, provided the ADU requirement
for off-street parking is met.
b. ADUs are prohibited in any accessory structure that is nonconforming with
respect to required setbacks.
4410. Access for emergency services providers.
a. The zoning compliance permit and site plan for an ADU must show the location
of an unobstructed route of travel from the street to the ADU entrance.
Kodiak Island Borough, Alaska
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b. Exterior doors and openings required by this code or the IBC shall be
maintained readily accessible for emergency access by the fire department. An
approved access walkway leading from the apparatus access roads to exterior
openings shall be provided when required by the fire code official.
Chapter 17.50
C — CONSERVATION DISTRICT
17.50.030 Permitted accessory uses and structures.
In addition to those uses and structures specifically identified in KIBC 17.50.020, the following
accessory uses and structures are permitted when developed in support of permitted principal
uses:
B. Accessory residential buildings (e.g., accessory dwelling units (ADUs), crew quarters in
support of commercial set -net fishing and lodge operations, banyas, outhouses, etc.);
Chapter 17.60
RR2 — RURAL RESIDENTIAL TWO DISTRICT
17.60.020 Permitted uses.
The following land uses and activities are permitted in the rural residential two district:
A. Accessory buildings and accessory dwelling units (ADUs);
Chapter 17.65
RR— RURAL RESIDENTIAL
17.65.040 Conditional uses.
The following land uses may be allowed by obtaining a conditional use permit in accordance
with the provisions of Chapter 17.200 KIBC:
A. Firework stands; and
B. Recreational vehicle parks -Land
C. Accessory dwelling units (ADUs).
Chapter 17.70
RR1 — RURAL RESIDENTIAL ONE DISTRICT
17.70.020 Permitted uses.
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The following land uses are permitted in the rural residential one district:
K. Recreational cabins;
L. Hoop houses ; and
M. Accessory dwelling units (ADUs) (attached).
17.70.030 Conditional uses.
The following land uses may be allowed by obtaining a conditional use permit in accordance
with the provisions of Chapter 17.200 KIBC:
A. Firework stands; anj
B. Recreational vehicle parks. -Land
C. Accessory dwelling units (ADUs) (detached).
Chapter 17.75
R1 — SINGLE-FAMILY RESIDENTIAL DISTRICT
17.75.020 Permitted uses.
The following land uses and activities are permitted in the single-family residential district:
F. Single-family dwellings; and
G. Hoop houses, and
H. Accessory dwelling units (ADUs) (attached).
17.75.030 Conditional uses.
The following land uses may be allowed by obtaining a conditional use permit in accordance
with the provisions of Chapter 17.200 KIBC:
D. Vacation homes; aracl
E. Recreational vehicle parks -Land
F. Accessory dwelling units (ADUs) (detached).
Chapter 17.80
R2 — TWO-FAMILY RESIDENTIAL DISTRICT
17.80.020 Permitted uses.
The following land uses are permitted in the two-family residential district:
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315 N. Bed and breakfasts; and
316 O. Hoop houses-
317 P. Accessory dwelling units when there is a single-family residence on the property.
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319 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
320 support of their approval of these amendments:
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322 1. There is a growing need for housing options in Kodiak. The use of accessory
323 dwelling units may be one part of a regulatory solution to address this multi -
324 faceted issue.
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326 2. Current KIBC Title 17 (Zoning) does not include regulatory requirements for
327 accessory dwelling units and does not list them as a permitted or conditional
328 use in any zoning district.
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330 3. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17
331 KIBC provide the regulatory requirements for accessory dwelling units and list
332 accessory dwelling units as a permitted or conditional use in certain
333 residential zoning districts.
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335 4. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17
336 KIBC are consistent with the adopted Comprehensive Plan goals and policies
337 related to housing and specifically, affordable housing.
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339 5. The Planning and Zoning Commission recommends approval of the
340 amendments to Chapters 17.25, 17.160, and related Chapters of Title 17
341 KIBC.
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343 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
344 ordinance takes effect upon adoption or at a later date specified in the ordinance.)
345
346 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
347 THIS FIFTEENTH DAY OF JUNE, 2017.
348
349 KODIAK ISLAND BOROUGH ATTEST:
35
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352 (tel
353 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk `
354
355 VOTES:
356 Ayes: Crow, LeDoux, Townsend, Smiley, Symmons, and Van Daele
357 Noes: Skinner
Kodiak Island Borough, Alaska Ordinance No. FY2017-21
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