FY1965-2 Conditional Use Land AreasKODIAK ISLAND BOROUGH
ORDINANCE NUMBER 65 -2
AN ORDINANCE AMENDING ORDINANCE NUMBER 64 -5, the
! ORDINANCE PERTAINING TO PLANNING AND ZONING WITHIN THE KODIAK ISLAND
BOROUGH BY PROVIDING FOR SPECIFIC CONDITIONAL USES OF LAND AREAS
'WITHIN THE BOROUGH.
Be it ordained by the Kodiak Island Borough Assembly
of Kodiak,: Alaska, as follows:
A. General Provisions. The following
conditional uses, because of their public convenience and necessity
and their effect upon the neighborhood shall be permitted only
upon the approval of the Planning Commission after due notice and
public hearing as provided in Ordinance No. 64 -5 and a finding that
such conditional use will not be detrimental to the general compre
hensive plan and surrounding property.
B. Permits for conditional uses shall
stipulate restrictions or conditions which may include a definite
time limit, provisions for a front, side, or rear yard greater
than the minimum dimensional standard of the zoning ordinance,
suitable landscaping, off -- street parking and any other reasonabl
restriction, condition, or safegard that would uphold the spirit
and intent of the zoning ordinance, and mitigate any adverse effec
upon the neighborhood properties by reason of the use, extension,
construction or alteration allowed.
C. Any conditional use shall meet the
dimensional standards of the zone in which it is to be located,
ad well as the minimum conditions listed below.
Section One. Mobile Home Parks.
A. The Borazgh Assembly may permit a
Page One, ORDINANCE NO. 65 -2
Mobile Home Park to be located in an RU residential district, subj-
ect to the conditions and provisions as herein set forth, after
notice and public hearing. The intent of this section is to permit
after appropriate review, and subject to minimum standards and
conditions, the construction of new mobile home parks, only as a
form of apartment type facilities. It is not the intent of this
section to include the placement of individual mobile homes or
vacation trailers on separate, individual lots, eigher separately
or in conjunction with a dwelling or any other building in a RU
district.
B. Minimum requirements. The Borough
Assembly may grant, as a conditional use, a Mobile Home Park permi,
subject to the following minimum standards and conditions. The
assembly may prescribe such additional conditions as may be recomm
ended by the Planning and Zoning Commission as the particular
circumstances may require for the protection of the health, safety
and welfare of the residents in the vicinity of the development 1
consistent with the intent and provisions of this ordinance.
C. Density: The maximum density of the
Mobile Home Park shall not exceed twelve (12)Mobile Homes per gross]
acre.
D. Yards:
(1) Adjacent to any street, there
shall be a yard of at least twenty (20) feet in depth, measured
from the street right -of -way line of such street, unless such
yard be adjacent to a street with a special set -back line, in
which case the greater requirement shall prevail.
(2) Adjacent to any property line,
other than along a street, there shall be a yard of at least ten
(10) feet between the property line and any service building,
Page Two, ORDINANCE NO. 65 -2
dwelling or other main building for the first story, plus an addit+
ional three (3) feet for each additional story of such building.
Accessory buildings may occupy not more than twenty - -five percent
(25 %) of such yard area and may not come closer than five (5) feet
to any property line or exceed fifteen (15) feet in height.
E. Driveways: All driveways shall be
surfaced with at least gravel in accordance with Borough standards
and shall be properly drained and shall be of the following widths:
(1) If only one -way traffic is per-
mitted, then the driving lane shall be at least twelve (12) feet
wide.
(2) If two -way traffic is permitted,,
then each driving lane shall be at least ten (10) feet wide.
(3) If parking along the driveway
to be permitted, then there shall be provided a parking lane of
at least seven (7) feet in width for each side of the driveway
that parking is to be permitted. The Borough Assembly may require
1 the erection of signs prohibiting parking when facilities are not
li
provided as a condition to permitting a Mobile Home Park.
F. Parking: There shall be provided
at least one (1) automobile parking space for each mobile home
space, plus one (1) additional automobile parking space for every
three (3) mobile home spaces or any portion thereof for guests,
visitors, service vehicles and additional automobiles of the tena'ts
of the Mobile Home Park.
G. Walks: Provisions shall be made for
hardsurfaced, well- drained walks, not less than thirty (30) inche
in width, from each mobile home space to the park service buildin
and to a paved street.
Page Three, ORDINANCE NO. 65 -2
H. Lighting: There shall be provisions
;for adequate night lighting of common driveways and walks in the
'Mobile Home Park in compliance with the National Electrical Code.
I. Play areas: If the Mobile Home Park
accommodates children under fourteen (14) years of age, then there;
shall be provided a separate play area restricted to that use.
At least one hundred (100) square feet of play area shall be prov-
ided per Mobile Home Space, provided however, that no such play
area, regardless of the number of Mobile Home spaces, shall be
less than 2500 square feet. The play area will be protected by
fences or the equivalent of at leastthirty inches (30) in height
fr all streets, driveways and parking areas.
J. Fences: The Borough Assembly may
require that an ornamental fence, wall or hedge be established
and maintained between the Mobile Home Park and any R1 premises
or other land use.
K. Signs: Sign requirements shall be
the same as for an apartment house in a residential district.
L. Street Names: The private driveways
are to be named and street addresses assigned to the individual
Mobile Home space and will be named and numbered in accordance
with the street naming and numbering plan of the Kodiak Island
Borough.
M. Water, sewer and surface drainage:
Adequate provisions shall be made for an ample supply of safe and
potable water, and adequate provisions shall be made for sewage
disposal and surface drainage and plans for such must have prior
approval of the health and sanitation officer and Borough Enginee
before a Mobile Home Park permit is approved by the Kodiak Island'
Page Four, ORDINANCE NO. 65 -2
Borough Assembly.
N. Minimum Area: No Mobile Home space 1
shall be less than two thousand (2,000) square feet and the aver-1
age area of all mobile homes spaces within a Mobile Home Park sha](1
not be less than three thousand (3,000) square feet and no yard,
area, driveway, play area, service area or other area required by
this ordinance shall be considered as providing any part of the
required Mobile Home Space.
0. Minimum Width: No Mobile Home space
shall be less than thirty (30) feet in width at its driveway
frontage.
P. Boundaries of Space: The boundaries
of each Mobile Hones space shall be clearly defined and marked
by a fence, planting or other suitable means approved by the
Borough Assembly or by clearly visible, permanent markers at each
corner of the space.
, trailer hitches, which shall not project beyond the Mobile Home
Space, the minimum distance between a Mobile Home and:
(1) Any other Mobile Home shall be
fifteen (15) feet.
Q. Minimum distances: Exclusive of
(2) Any building, except when attac
ed to the Mobile Home, shall be ten (10) feet.
(3) Any property line (excluding
Mobile Home space bounbaries) shall be ten feet (10').
(4) Any public street shall be twen
(20) feet.
(5) Any common driveway or common
walk (excluding those in a Mobile Home space) shall be five feet
Page Five, ORDINANCE NO. 64-2
y
R. Mobile Home space coverage; Not more
than thirty -seven and one half percent (372) of a Mobile Home
space may be occupied by a Mobile Home and any other structures
used in conjunction with such Mobile Home whether or not it is
attached to the Mobile Home.
S. Addition to Mobile Homes: Permanent
structures located within any trailer space shall be used for
storage purposes only, shall have a maximum area of twenty -five
(25) square feet, shall be detached from any trailer, shall be
located on the rear half of the trailer space, and shall be subjedt
to all of the applicable provisions of the Kodiak Island Borough
Building Code.
T. Patio: Each Mobile Home space shall!
have a slab or patio of concrete, asphalt or flagstone or similar
substance not less than twenty (20) feet in length and six (6)
feet in width adjacent to each mobile home parking site.
U. Parking of Mobile Homes: Mobile
Home Parks in an RU residential district mayaccommodate only mob-
ile homes and not vacation trailers except for storage. A mobile
home shall not remain overnight in a mobile home park unless it
is parked in a mobile home space. Not more than one (1) mobile
home will be parked at one time in a mobile home space.
V. Expansion or alteration of Mobile
Home Parks. Existing mobile home parks may be expanded or altere
after an expansion or alteration permit is issued by the Borough
Assembly. The application, filed by the owner or other real
property in interest, will be filed and.processedin the. -same
manner as an application for a new mobile home park. The borough
assembly, prior to granting a permit for expansion of an existing
Page Six, ORDINANCE NO. 65 -2
park shall require that those portions of the existing park which
do not meet the minimum standards of this ordinance be brought to
these minimum standards.
W. Endorsement and Penalties: It shall
be the duty of the Building Official to enforce the provisions of
this ordinance. For any and every violation of the provisions of
this ordinance, the owner, agent or contractor of the building or
premise where such violations have been committed or shall exist,
shall be guilty of a misdemeanor and upon conviction thereof shall
be fined not more than $100.00 or imprisoned in jail not to exceed
thirty (30) days for both such fine and imprisonment. Each and
every day that such violation continues shall be deemed a separatei
and distinct violation.
Any use of property contrary to the provisions
of this ordinance shall be and the same is hereby declared to be
unlawful and a public nuisance and the Borough attorney shall
upon the order of the Borough Assembly immediately commence action
or actions, proceeding or proceedings for the abatement, removal
and enjoinment thereof in the manner provided by law, and shall
take such other steps and shall apply to such court or courts as
may have jurisdiction to grant such relief as will abate such
nuisance and restrain and enjoin any person from using any proper y
contrary to the provisions of this ordinance. All remedies prov-
ided for herein shall be cumulative and not exclusive.
The issuance or granting of a building permit or
approval of plans or specifications under the authority of the
Building Code shall not be deemed or construed to be a permit for
or an approval of any violation of any of the provisions of this
ordinance or any amendment thereto. No permit presuming to give
authority to violate or cancel any of the provisions of this
Page Seven, ORDINANCE NO. 65 -2
ordinance shall be valid except insofar as the work or use which
is authorized is lawful and permitted.
X. Severability. In the event any por-
tion, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional,
by the decision of any court of competent jurisdiction, such dec.-
i! ision shall not affect the validity of the remaining portions of
this ordinance.
Publication of this ordinance shall be made by
posting a copy thereof on the bulletin of the Kodiak Island!
Borough for a period of ten (10) days following its passage and
approval.
tL 4- Passed and approved by the Kodiak Island Borough
-1.
ATTEST:
First reading and approval date:
Second reading and approval date:
Assembly the Zday of
PRESIDING OFFICER
Page Eight, ORDINANCE NO. 65 - -2
r
BOROUGH CHAIRMAN
, 1965.