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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