FY2018-03 Amending Title 6 Animal Control and Title 171
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Introduced by: P&Z Commission
Drafted by: CDD Director
Introduced on: 8/17/2017
Amended on: 08/17/2017
Amended: 09/07/2017
Public Hearing Date: 09/07/2017
Adopted on: 09/07/2017
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-03
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 6 ANIMAL CONTROL AND TITLE 17 ZONING TO ALLOW FOR CERTAIN
AGRICULTURAL ACTIVITIES IN 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 has been a noted increase in the keeping of chickens and other small
animals useful to people in residential zoning districts within the Kodiak Island Borough; and
WHEREAS, the keeping of chickens and other animals useful to people is an agricultural
activity as defined by KIBC 17.25.020(A); and
WHEREAS, agricultural activities are listed as a permitted use in the RR1-Rural Residential
One, RR2-Rural Residential Two, and C -Conservation Districts; and
WHEREAS, agricultural activities are not listed as a permitted use in the RR -Rural
Residential, R1 -Single -Family Residential, R2 -Two -Family Residential, and R3 -Multi -Family
Residential Districts and are therefore prohibited per KIBC 17.15.080; and
WHEREAS, the Borough Assembly recognizes that some agricultural activities may conflict
with the character and intensity of some rural and urban residential zoning districts; and
Kodiak Island Borough, Alaska
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Ordinance No. FY2018-03
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WHEREAS, the Kodiak Archipelago, including our residential areas, is recognized as being a
success story for human coexistence with Kodiak brown bears; and
WHEREAS, for the continue safety of our residents and neighborhoods, it is essential for
human -created attractants to bears (such as livestock pens) be properly secured and
maintained; and
WHEREAS, the Borough Assembly recognizes that residents rely on the keeping of chickens
and other small animals useful to people to supplement their sustenance and income; and
WHEREAS, having reliable access to a variety of locally -produced food resources will directly
benefit the entire Kodiak Island Borough; and
WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission
discussed the proposed changes to Title 17 (Zoning) at work sessions and regular meetings on
February 8, 2017, March 8, 2017, June 14, 2017, July 12, 2017, and July 19, 2017; and
WHEREAS, the Planning and Zoning Commission, following public hearing at the July 19,
2017 regular meeting, voted to transmit their recommendations for revisions to Title 17 to the
Borough Assembly; and
WHEREAS, the Borough Assembly discussed the proposed changes to Titles 6 and 17 at
work sessions and regular meetings on April 13, 2017, August 10, 2017, August 17, 2017,
August 31, 2017, and September 7, 2017; and
WHEREAS, the Borough Assembly, following a public hearing at the September 7, 2017
regular meeting, voted to adopt Ordinance FY2018-03; and
NOW; THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
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 6 Animal Control and Title 17 Zoning of the Kodiak Island Borough Code
of Ordinances are amended to read as follows:
CHAPTER 6.04
ANIMAL CONTROL
6.04.040 Live traps.
A. Intentional capture of domesticated animalsdegs and sats by live traps is prohibited unless
the person using the trap notifies the animal control officer.
B. All domesticated animalsdegs aad sats that are live trapped must be turned over to the
animal control officer or impounded. If a trapped animal has injured itself in a severe manner, or
Kodiak Island Borough, Alaska
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if the trapped animal poses an immediate threat to a person, then upon notification to the animal
control officer, a person may humanely destroy the live -trapped animal. This subsection is
waived in communities not serviced by an animal shelter.
6.04.080 Annoying animals.
No person may keep any domesticated animal Canine GF fe;;ae that makes noise with such
frequency and/or volume as to cause actual interference with normal sleeping hours (10 p.m.
until 6 a.m.) or reasonable right of peace to a person.
6.04.100 Control of animals.
A. The owner or custodian of a fierce, dangerous, or vicious animal shall confine the animal
within a building or secure enclosure and shall not take the animal out of such building or
enclosure unless the animal is muzzled and otherwise secured to prevent attacks or feigned
attacks.
B. A dog or other animal that is unrestrained and not under the immediate control of its owner
shall be impounded by a peace officer or animal control officer when found at large on the
streets, alleys, or public places within the borough, or on private property in the borough if the
officer has the permission of the owner or occupant of the property.
C. The owner of a female dog in heat or during ovulation shall keep and maintain the animal
confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such
manner that the female dog cannot come in contact with a male dog except for planned
breeding purposes.
D. The owner of animals including cattle, horses, sheep, goats, or other large farm animals shall
be responsible for their animals. Owners shall pay the cost of removal of dead animals or
animals doing property damage.
E. No person may keep or maintain a horse, cow, sheep, goat, pig, or other large farm animal
within the borough unless the animal is maintained within a fenced area which is owned or
leased by the owner or custodian of the animal and which is not occupied by residential
buildings other than the one occupied by the owner or custodian of the animal. Holders of
authorized state grazing leases are exempted from this subsection for parcels of land in excess
of 20 acres.
F. Livestock (including domesticated fowl such as ducks, geese, and chickens) raised
and kept in residential zoning districts must be completely enclosed in a fenced area that
is of suitable height and construction to contain the animal(s), and minimize potential
adverse impacts to public health, safety, and welfare. When used, electrified fencing
must display adequate warning signage around the perimeter.
6.04.110 Animal waste
A. A person owning or having custody of any animal, shall remove and dispose in a sanitary
manner, of any and all feces and other animal litter deposited by the animal on developed or
Kodiak Island Borough, Alaska
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regularly maintained public areas or on any property without the owner's consent ,emsthe, 4haa ;e
B. On private property, animal owners shall remove and dispose of feces and other
animal litter to the extent that animals are provided sanitary living conditions and that
extreme objectionable odor cannot be detected from adjacent properties.
CHAPTER 17.25
DEFINITIONS
Chapter 17.25.020 A definitions.
"Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or
personal use, of plants and animals useful to people. This does not include any uses involving
or related to commercial marijuana activities.
"Agricultural activities. Urban" means the production, keeping, or maintenance, for sale,
lease, or personal use, of plants and small animals useful to people. This does not
include any uses involving or related to commercial marijuana activities. Small animals
includes domestic fowl (except peacocks and roosters), fur and meat animals such as
rabbits and guinea pigs, and small hooved animals such as pigs, goats, and sheep €rem
bFeeds +,,.,•Galey net to exGeed 27 •^Ghee in height OF 150 PGURds'R weigh+ Large farm
animals such as cows and horses are excluded from the urban agricultural use.
"Airport elevation" means the established elevation of the highest point of the usable landing
area.
Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake.
Airport, Utility. "Utility airport' means any airport in the borough designed and/or constructed to
serve aircraft in approach category A (speed less than 91 knots).
"Alley" means a public way designed and intended to provide only a secondary means of
access to any property abutting thereon.
"Alteration" means any change, addition, or modification in the construction, location, or use
classification.
Apartment House. For "apartment house," see "Dwelling, multiple -family," KIBC 17.25.050.
"Approach surface" means an approach surface longitudinally centered on the extended runway
centerline and extending outward and upward from each end of a runway. The inner edge of the
approach surface is the same width as the runway and it expands uniformly to a width of 1,500
feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000
feet at a slope of 20:1. No building or structure may be constructed or erected nor may any
other object be stored or placed in such a manner as to protrude into the approach surfaces.
A. The approach surfaces for the municipal airport extend upward and outward from the south
end of the existing lake surface (towards Larch Street) and the north end of the gravel runway
(Von Scheele Way) only.
"Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or
sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles.
CHAPTER 17.65
RR — RURAL RESIDENTIAL DISTRICT
Kodiak Island Borough, Alaska
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17.65.020 Permitted principal uses and structures.
The following land uses and activities are permitted in the rural residential district:
A. Single-family dwellings;
B. Vacation homes;
C. Bed and breakfasts; and
D. Hoop houses -Land
E. Agricultural buildings and activities.
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:
A. Accessory buildings;
B. Churches;
C. Greenhouses;
D. Home occupations;
E. Parks and playgrounds;
F. Single-family dwellings;
G. Hoop houses; -and
H. Accessory dwelling units (ADUs) (attached};
I. Urban agricultural buildings and activities: and
J. Agricultural buildings and activities (lots equal to or greater than 40.000 square feet).
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:
A. Accessory buildings;
B. Beauty shops;
C. Churches;
D. Clinics;
E. Greenhouses;
F. Home occupations;
G. Hospitals;
H. Parks and playgrounds;
I. Professional offices;
J. Schools;
K. Single-family dwellings;
L. Two-family dwellings;
M. Vacation homes;
N. Bed and breakfasts;
O. Hoop houses=aad
P. Accessory dwellings units when there is a single-family residence on the property -.1
Q. Urban agricultural buildings and activities: and
Kodiak Island Borough, Alaska
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R. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet
when there is a single-family residence on the property).
CHAPTER 17.85
R3 — MULTI -FAMILY RESIDENTIAL DISTRICT
17.85.020 Permitted uses.
The following land uses are permitted in the multifamily residential district:
A. Accessory buildings;
B. Beauty shops;
C. Boardinghouses;
D. Churches;
E. Clinics;
F. Greenhouses;
G. Home occupations;
H. Hospitals;
I. Multifamily dwellings;
J. Parks and playgrounds;
K. Professional offices;
L. Schools;
M. Single-family dwellings;
N. Two-family dwellings;
O. Vacation homes;
P. Bed and breakfasts;
Q. Mobile home parks; and
R. Hoop houses -.1
S. Urban agricultural buildings and activities; and
T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet
when there is a single-family residence on the property).
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF SEPTEMBER, 2017.
KODIAK ISLAND BOROUGH
iel A. Rohrer, Mayor
ATTEST:
ova M. Javier, MM , Clerk
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY:
Ayes: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele
Absent: Crow
Kodiak Island Borough, Alaska
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