FY2019-20 Amending Chapter 17.160 KIBC ADU and Related Chapters 17.65 KIBC1
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
47
48
Introduced by: Assembly Member Arndt
Drafted by: Assembly Member Arndt
Introduced on: 06/20/2019
Public Hearing Date:09/05/2019
Public Hearing Date:10/03/2019
Adopted on: 10/03/2019
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-20
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
CHAPTER 17.160 KIBC (ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS),
AND RELATED CHAPTERS 17.65 KIBC (RR — RURAL RESIDENTIAL) AND CHAPTER 17.70
(RR1 — RURAL RESIDENTIAL ONE DISTRICT) TO CHANGE PERMITTED USES,
CONDITIONAL USES AND DEVELOPMENT STANDARDS RELATED TO PARKING AND
SIZE LIMIT
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, 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
WHEREAS, the amendments to Chapters 17.160 KIBC (Accessory Buildings and Accessory
Dwelling Units), 17.65 KIBC (RR -Rural Residential), and 17.70 (RR1-Rural Residential One), of
Title 17 will accomplish the stated public need.
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: Title 17 of the Kodiak Island Borough Code of Ordinances is amended to read as
follows:
Chapter 17.65
RR — RURAL RESIDENTIAL DISTRICT
17.65.030 Permitted accessory uses and structures.
A. Accessory buildings.
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2019-20
Page 1 of 4
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
93
94
95
96
97
B. Home occupations.
C. Hoop houses. [Ord. FY2012-10 §7, 2012; Ord. 89-31-0 §2, 1989. Formerly §17.16.030].
17.65.040 Conditional uses.
The following land uses may be permitted by obtaining a conditional use permit in accordance
with Chapter 17.200 KIBC:
A. Firework stands;
B. Recreational vehicle parks;
C. Accessory dwelling units (ADUs). [Ord. FY2017-21 §2, 2017; Ord. 2016-07 §2, 2016; Ord.
89-31-0 §2, 1989. Formerly §17.16.040].
Chapter 17.70
RR1 — RURAL RESIDENTIAL ONE DISTRICT
17.70.020 Permitted uses.
The following land uses are permitted in the rural residential one district:
A. Accessory buildings;
B. Agricultural buildings and activities;
C. Churches;
D. Fishing activities when an owner -occupied dwelling is present on the premises;
E. Greenhouses;
F. Horticultural buildings and activities;
G. Single-family dwellings;
H. Home occupations;
I. Vacation homes;
J. Bed and breakfasts;
K. Recreational cabins;
L. Hoop houses; and
M. Accessory dwelling units (ADUs) (attached). [Ord. FY2017-21 §2, 2017; Ord. FY2012-10 §8,
2012; Ord. FY2007-08-0 §8, 2006; Ord. 84-59-0 §1, 1984; Ord. 83-15-0 §2, 1983. Formerly
§17.17.020].
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. Fireworks stands;
B. Recreational vehicle parks;
C. Marijuana cultivation, limited (lots equal to or greater than 40,000 square feet); and
D. Accessory dwelling units (ADUs) (detached). [Ord. FY2017-21 §2, 2017; Ord. FY2017-27 §2,
2017; Ord. FY2016-07 §2, 2016; Ord. 84-59-0 §1, 1984; Ord. 83-15-0 §2, 1983. Formerly
§17.17.030].
Chapter 17.160
ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS
17.160.070 Accessory dwelling units.
A. Intent. Accessory dwelling units (ADUs) 46 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
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2019-20
Page 2 of 4
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
138
139
140
141
142
143
144
145
146
147
148
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 any 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:
a. Chapter 17.50 KIBC, C — Conservation District;
b. Chapter 17.60 KIBC, RR2 — Rural Residential Two District;
c. Chapter 17.70 KIBC, RR1 — Rural Residential One District (attached);
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.
ADU).
6. Size Limit.
a An n ni i shall be limited to 480 s e feet ... less An ADU shall be limited
b. Mobile homes, recreational vehicles, campers, and travel trailers are not
permitted to be used as an ADU.
7. The owner of the property shall live in the principal dwelling or the ADU.
8. No new access points or driveways shall be created or installed for access to the
ADU.
9. 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
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2019-20
Page 3 of 4
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
for off-street parking is met.
b. ADUs are prohibited in any accessory structure that is nonconforming with
respect to required setbacks.
10. 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.
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.
11. Variances
the section for the zoning designation of the specified lot. Limitations due to
an attached or detached accessory dwelling unit.
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 THIRD DAY OF OCTOBER, 2019.
KODIAK ISLAND BOROUGH ATTEST:
Daniel A. Rohrer, Mayor Tara Welinsky, Clerk
VOTES:
Ayes: Schroeder, Smiley, Turner, Arndt
Noes:
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2019-20
Page 4 of 4