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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.