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FY2018-13 Amending Various Chapters Of Title 17, Clarifying Setback Requirements In arious Zoning Districts1 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 Introduced by: Borough Manager Drafted by: CDD Director Introduced on: 01/18/2018 Public Hearing Date: 02/01/2018 Adopted on: 02/01/2018 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-13 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING VARIOUS CHAPTERS OF TITLE 17 CLARIFYING SETBACK REQUIREMENTS IN VARIOUS 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. FY 2008-10) 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, Title 17 (Zoning) has not been comprehensively updated since the early 1980s and presents yard setback requirements in an inconsistent manner; and WHEREAS, creating uniformity in format and terminology will allow for greater community understanding of, and consistent interpretation of, zoning regulations relating to yard setbacks; and WHEREAS, the Community Development Department has requested modifications to the language relating to yard setbacks to provide consistency and clarification; and WHEREAS, the Community Development Department is not proposing any changes to the numeric requirements of yard setbacks in any zoning districts; and WHEREAS, the Planning and Zoning Commission reviewed the proposed changes at a work session on October 18, 2017; and Kodiak Island Borough, Alaska Ordinance No. FY2018-13 Page 1 of 9 46 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 WHEREAS, the Planning and Zoning Commission, following a public hearing on October 25, 2017, voted to transmit their recommendations for revisions to Title 17 to the Borough Assembly; and WHEREAS, the Borough Assembly reviewed the proposed changes at work sessions on January 11, 2018 and January 18, 2018; and WHEREAS, the Borough Assembly held a public hearing on February 1, 2018. 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 17 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 17.35 W —WATERSHED DISTRICT Sections: 17.35.010 Description and intent. 17.35.020 Permitted uses. 17.35.030 Conditional uses. 17.35.040 Area and setbackyard requirements. 17.35.050 Performance standard. 17.35.040 Area and setbackyard requirements. There are no lot area, lot width, front yard, side yard or rear yard requirements for this district. Chapter 17.40 WH —WILDLIFE HABITAT DISTRICT Sections: 17.40.010 Description and intent. 17.40.020 Permitted uses. 17.40.030 Conditional uses. 17.40.040 Prohibited use. 17.40.050 Area requirements. 17.40.060 Setbacks from property linesrequirernents. 17.40.060 Setbacks from property Iinesrequ! enieRts. Kodiak Island Borough, Alaska Ordinance No. FY2018-13 Page 2 of 9 91 92 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 A. Setbacks from Property Lines. 1. There is a required front yard setback of 25 feet, except that lots fronting on marine waters are exempt from any front yard setback. 2. There is a required side yard setback of 25 feet. 3. There is a required rear yard setback of 25 feet. B. Setbacks from Anadromous Fish Water Bodies. 1. There is a required setback (preventing clearing, filling, excavation, or structural development) of 50 feet from the bank vegetation of anadromous fish water bodies that are specified pursuant to AS 16.05.870(a) and 5 AAC 95.010, except in the case of timber harvesting activities, whose required setback will be regulated by AS 41.17.010 through 41.17.950, as amended, and the regulations enacted thereunder. This provision shall not prevent removal in the setback area associated with a habitable residential, or recreational structure of: a. Up to 50 percent of the trees; and b. Other vegetation if a suitable ground cover (such as grass) is planted. Chapter 17.60 RR2 — RURAL RESIDENTIAL TWO DISTRICT Sections: 17.60.010 Description and intent. 17.60.020 Permitted uses. 17.60.030 Conditional uses. 17.60.040 Area requirements. 17.60.050 Setbacks from property lines. Yards. 17.60.060 Building height limit. 17.60.050 Setbacks from property lines. Yards. A. Front Yard. The minimum front yard required is 50 feet. B. Side Yard. The minimum side yard required, ^^ eaGh side of a pFiRG pal bildiRg, is 20 feet. C. Rear Yard. The minimum rear yard required is 20 feet. Chapter 17.65 RR — RURAL RESIDENTIAL DISTRICT Kodiak Island Borough, Alaska Ordinance No. FY2018-13 Page 3 of 9 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 17.65.080 Setbacks from property lines. n SPth;;Gk_s fre.., orene.i.. Lines. A.4- Front Yard. The minimum front Yard required is 25 feet. There is ^ required freni .,errs etba^���nnG c of 25 feet; B.2-. Side Yard. The minimum side yard required is 15 feet. There is a r^^U iFed side yaFd iL.n Gk Of 19 feet- and C.& Rear Yard. The minimum rear yard required is 20 feet. There is ^ required re^r yard wheal. of 20 feet. Chapter 17.70 RR1 — RURAL RESIDENTIAL ONE DISTRICT Sections: 17.70.010 Description and intent. 17.70.020 Permitted uses. 17.70.030 Conditional uses. 17.70.040 Area requirements. 17.70.050 Setbacks from property lines. Yards. 17.70.060 Building height limit. 17.70.050 Setbacks from property lines. Yards. A. Front Yard. 1. The minimum front yard required is shall be 25 feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lot or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yard. 1. The minimum side yard required on side Of ^ erten,^el building is 15 feet for lots not served by water and sanitary sewer service from a certified public utility or municipal system, TL...... side , aFd r Fed en the street side of a .. r let is 15 feet Kodiak Island Borough, Alaska Ordinance No. FY2018-13 Page 4 of 9 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 2. The minimum side yard required is 10 feet for In the case of lots served by water and sanitary sewer service from a certified public utility or municipal system, he minimum side yafd C. Rear Yard. The minimum rear yard required is 20 feet. Chapter 17.75 R1 — SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 17.75.010 Description and intent. 17.75.020 Permitted uses. 17.75.030 Conditional uses. 17.75.040 Area requirements. 17.75.050 Setbacks from property lines. Yards 17.75.060 Building height limit. 17.75.070 Public service requirement. 17.75.050 Setbacks from property lines. Yards A. Front Yard. 1. The minimum front yard required is shall be 25 feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yard. The minimum side yard required, , is five feet. The minimum regaired side yard required on the street side of a corner lot is 10 feet. C. Rear Yard. The minimum rear yard required is 10 feet. Chapter 17.80 R2 — TWO-FAMILY RESIDENTIAL DISTRICT Sections: 17.80.010 Description and intent. Kodiak Island Borough, Alaska Ordinance No. FY2018-13 Page 5 of 9 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 17.80.020 Permitted uses. 17.80.025 Conditional uses. 17.80.030 Area requirements. 17.80.040 Setbacks from property lines. Yards. 17.80.050 Building height limit. 17.80.060 Public service requirement. 17.80.040 Setbacks from property lines. Yards. A. Front Yards. 1. The minimum front yard required is shall be 25 feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yards. The minimum side yard required, GR eaGh side of a fflnGipal buildiRg, is five feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yards. The minimum rear yard required is 10 feet. Chapter 17.85 R3 — MULTIFAMILY RESIDENTIAL DISTRICT Sections: 17.85.010 Description and intent. 17.85.020 Permitted uses. 17.85.025 Conditional uses. 17.85.030 Area requirements. 17.85.040 Setbacks from property lines. Yards. 17.85.050 Building height limit. 17.85.060 Public service requirement. 17.85.070 Group housing. 17.85.080 Site plan requirement. 17.85.040 Setbacks from property lines. Yards. A. Front Yards. Kodiak Island Borough, Alaska Ordinance No. FY2018-13 Page 6 of 9 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 1. The minimum front yard required is shah be 25 feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yards. The minimum side yard required, eR eaGh side of a pFiRGipal buildiRg, is five feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yards. The minimum rear yard required is 10 feet. Chapter 17.95 RNC — RURAL NEIGHBORHOOD COMMERCIAL 17.95.080 Setbacks from property lines. A. Front Yard. The minimum front yard required is TheFe is ^ •^^U'•ed f'en' yard ^^'b^^ ^' 25 feet,; B. Side Yard. The minimum side yard required is TheFe is ^ F^ ed side setbaGk of 15 feet and C. Rear Yard. The minimum rear yard required is There is ^ •^^ ed •^^F ^^f"^^'- ^f 20 feet. Chapter 17.100 UNC — URBAN NEIGHBORHOOD COMMERCIAL 17.100.080 Setbacks from property lines. A. Front Yard. The minimum front yard required is TheFe is ^ •^^ ed f•^^' „^.a setba ' ^f 25 feet B. Side Yard. The minimum side yard required is TheFe is ^ •^^ ed side „^.a setbaGk of five feet mad C. Rear Yard. The minimum rear yard required is TheFe is ^ •^ ed •^^- yaFd setbaGI ^f 10 feet. Kodiak Island Borough, Alaska Chapter 17.105 1— INDUSTRIAL DISTRICT Ordinance No. FY2018-13 Page 7 of 9 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 Sections: 17.105.005 Description and intent. 17.105.010 Permitted uses. 17.105.020 Conditional uses. 17.105.030 Lot requirements. 17.105.040 Setbacks from property lines. Yards. 17.105.050 Building height limit. 17.105.060 Performance standards. 17.105.040 Setbacks from property lines. Yards. A. Front Yards. 1. The minimum front yard required is T''e-'^ tie ^ f'^^t yard of ^^t less tt'^^ 30 feet. 2. The minimum front yard required is The fFent yaFd • heR f^^ n^ ^ state highway,shall be net less thaw 50 feet when facing a state highway. B. Side Yards., Th .- --a- -- ^;ao yard eR ^ti side f ^i building a ^ thaR The minimum side yard required is 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards.'. There ^h^" hp ^ Fear yard of ^^t'^^^ t~ ^^ The minimum rear yard required is 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. Chapter 17.130 PL — PUBLIC USE LANDS DISTRICT Sections: 17.130.010 Description and intent. 17.130.020 Permitted uses. 17.130.030 Conditional uses. 17.130.035 Temporary uses. 17.130.040 Area requirements. 17.130.050 Setbacks from property lines. Yards. 17.130.060 Building height limit. 17.130.050 Setbacks from property lines. Yards. A. Front Yard. The minimum front yard required is 25 feet. Kodiak Island Borough, Alaska Ordinance No. FY2018-13 Page 8 of 9 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 B. Side Yard. The minimum side yard required is 10 percent of the lot's width or 25 feet, whichever is less but need net BXGeed 25 fee . The minimum side yard required soon the street side of a corner lot is 25 feet. C. Rear Yard. The minimum rear yard required is 25 percent of the lot's depth or 25 feet, whichever is lessb t need Rot e)(Geed 25 fee Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIRST DAY OF FEBRUARY, 2018. KODIAK ISLAND BOROUGH ATTEST: Z51 X, - n tu,, Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Cler VOTES: Ayes: Kavanaugh, Schroeder, Skinner, Smiley, Crow Absent: Symmons, Van Daele Kodiak Island Borough, Alaska Ordinance No. FY2018-13 Page 9 of 9