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FY2018-03 Amending Title 6 Animal Control and Title 171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 Deletion — Red, Strikeout Insertion — Bold. Blue. Underlined Ordinance No. FY2018-03 Page 1 of 6 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 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 Deletion — Red, Strikeout Insertion — Bold. Blue. Underlined Ordinance No. FY2018-03 Page 2 of 6 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 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 Deletion — Red, Strikeout Insertion — Bold. Blue. Underlined Ordinance No. FY2018-03 Page 3 of 6 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 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 Deletion — Red, Strikeout Insertion — Bold. Blue. Underlined Ordinance No. FY2018-03 Page 4 of 6 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 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 Deletion — Red, Strikeout Insertion — Bold. Blue. Underlined Ordinance No. FY2018-03 Page 5 of 6 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 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 Deletion — Red, Strikeout Insertion — Bold. Blue. Underlined Ordinance No. FY2018-03 Page 6 of 6