FY2018-13 Amending Various Chapters Of Title 17, Clarifying Setback Requirements In arious Zoning Districts1
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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
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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
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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
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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
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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
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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
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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
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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
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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
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