FY2007-08 - Transient AccommodationsKODIAK ISLAND BOROUGH
ORDINANCE NO. FY2007 -08
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 17 ZONING CHAPTERS 17.03, 17.06, 17.12, 17.13,
17.15 — 17.20, 17.22, and 17.57 FOR TRANSIENT ACCOMMODATIONS
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission requested the
Community Development Department to review KIBC Title 17 with regard to transient
accommodation uses; and
WHEREAS, the Planning and Zoning Commission spent nine months reviewing the code,
gathering information on the condition of local transient accommodations, and holding
public work sessions to discuss possible code changes; and
WHEREAS, the Planning and Zoning Commission has recommended certain amendments
to KIBC Title 17 regarding the standards for the development and operation of transient
accommodations and to address many of the issues raised regarding the health, safety,
and welfare of the residents of the Borough; and
WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend
ordinances as provided in Alaska Statutes Title 29 and other applicable Borough codes;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1:
Section 2:
Sections:
17.03.010
17.03.020
17.03.030
17.03.040
17.03.050
17.03.060
17.03.070
17.03.080
17.03.090
17.03.100
17.03.110
Kodiak Island Borough, Alaska Ordinance No. FY2007 -08
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Requested by Community Development
Drafted by: Community Development
Introduced: 09/07/2006
Public Hearing: 09/21/2006
Adopted: 09/21/2006
This ordinance is of a general and permanent nature and shall become a part
of the Kodiak Island Borough Code of Ordinances.
Title 17 Zoning Chapter 17.03 General Provisions and Use Regulations
Section 17.03.110 Bed and Breakfasts, lodges, motels, hotels, and vacation
homes is hereby added as follows:
Application of provisions.
Conformity with regulations required.
Alteration or erection of structures.
Yard or open space limitation.
Approval by planning and commission.
Zoning compliance.
Building permit and conformity to zoning.
Uses prohibited unless authorized.
Similar uses may be permitted.
Airport regulations.
Bed and Breakfasts, lodges, motels, hotels and vacation homes.
17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes.
Prior to the beginning of a bed and breakfast, lodge, motel, hotel, or vacation home, a
copy of the certificate of registration for the transient accommodation tax (Code
section 3.30.080) or, if applicable, the certificate of exemption from that tax (Code
section 3.30.060), must be submitted to the Community Development Department.
Upon receipt of the certificate of registration or certificate of exemption a certificate
of zoning (Code chapter 17.63) shall be issued.
Section 3: Title 17 Zoning Chapter 17.06 Definitions Sections 17.06.055 Bed and
Breakfasts, 17.06.310 Guest room, 17.06.454 Premises, 17.06.455
Recreational cabin and 17.06.572 Vacation home are hereby amended and
added as follows:
17.06.055 Bed and Breakfast (B &B). "Bed and Breakfast (B &B)" means overnight
accommodations and a morning meal in a dwelling unit provided to transients for
compensation. The operator of the B &B must reside on the premises and the maximum
number of rooms that can be rented out is two -(2) five (5). In addition to the off - street
parking requirements of Code section 17.57.040 for a single family dwelling, a Bed
and Breakfast with up to two guest rooms must provide one additional parking
space; a Bed and Breakfast with three to four quest rooms must provide two
additional parking spaces; and a Bed and Breakfast with five quest rooms must
provide three additional parking spaces.
17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding,
bed and breakfast, or lodging house used and maintained to provide sleeping
accommodations for not more than two (2) persons. Each one hundred (100) square feet
or fraction thereof of floor area used for sleeping purposes shall be considered to be a
separate guest room in a large common area sleeping arrangement.
17.06.454 Premises. "Premises" means a lot, together with all buildings and
structures thereon.
17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a
temporary or seasonal basis by a group of people meeting the definition of family. This use
is usually associated with remote areas.
17.06.572 Vacation Home. "Vacation home" means a one - family dwelling unit that is
rented or leased in its entirety for periods not to exceed 30 days in length.
Section 4: Title 17 Zoning Chapter 17.12 NU— Natural Use District Section 17.12.020
Permitted principal uses and structures is hereby amended as follows:
17.12.020 Permitted principal uses and structures. The following land uses and activities
are permitted in the natural use district:
A. Fish, wildlife, or habitat enhancement and /or rehabilitation projects (nonstructural);
B. Hunting, fishing, trapping, and plant gathering activities;
C. Passive recreation activities (photography, hiking, camping, cross country skiing,
horseback riding, etc.);
D. Pedestrian trails and trail systems; and
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E. Public coastal docking facilities; and
F. Recreational cabin.
Section 5: Title 17 Zoning Chapter 17.13 C- Conservation District Section 17.13.020
Permitted principal uses and structures is hereby amended as follows:
17.13.020 Permitted principal uses and structures. The following and uses and
activities are permitted in the conservation district:
A. All of the permitted principal uses and structures in the NU- Natural Use Zoning
District;
B. Agricultural activities and related structures, including commercial livestock grazing;
with a written conservation plan between the land owner or lease holder and the Kodiak Soil
and Water Conservation District, in those areas historically established for livestock grazing
consisting of the northeast portion of Kodiak Island east of a line drawn from Crag Point on
Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including Chirikof Island and
Sitkinak Island.
C. Commercial fishing activities and related structures, including mariculture activities
and related structures;
D. Commercial guiding and /or outfitting activities (e.g. hunting, fishing, photography,
etc.) and related structures (e.g. lodges) containing provisions for no more than six (6)
clients;
E. Parks;
F. Recreational activities (including recreational mining activities);
G. Single- family dwellings /recreational cabins and associated home occupations;
H. Timber harvesting activities and transportation and utility facilities constructed in
support of permitted timber harvesting activities; and
I. Churches;
J. Bed and breakfast; and
K. Vacation home.
Section 6: Title 17 Zoning Chapter 17.15 RR2 -Rural Residential Two District Section
17.15.020 Permitted principal uses and structures is hereby amended as
follows:
17.15.020 Permitted uses. The following land uses and activities are permitted in the rural
residential two 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. Home occupations;
G. Horticultural buildings and activities; and
H. Single- family dwellings
I. Vacation home; and
J. Bed and breakfast.
Section 7: Title 17 Zoning Chapter 17.16 RR -Rural Residential District Section
17.16.020 Permitted principal uses and structures is hereby amended as
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follows:
17.16.020 Permitted principal uses and structures.
A. Single- family dwellingsi
B. Vacation home; and
C. Bed and breakfast.
Section 8: Title 17 Zoning Chapter 17.17 RR1 - Rural Residential One District Section
17.17.020 Permitted principal uses and structures and Section 17.17.030
Conditional uses are hereby amended as follows:
17.17.020 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; and
H. Home occupations;
I. Vacation home;
J. Bed and breakfast; and
K. Recreational cabin.
17.17.030 Conditional uses. The following land use may be allowed by obtaining a
conditional use permit in accordance with the provisions of chapter 17.67 of this title:
A. Fireworks stands.
Section 9: Title 17 Zoning Chapter 17.18 R1 - Single - Family Residential District Section
17.18.030 Conditional uses is hereby amended as follows:
17.18.030 Conditional uses. The following land uses may be allowed by obtaining a
conditional use permit in accordance with the provisions of chapter 17.67 of this title:
A. Hospitals; and
B. Schools;
C. Bed and breakfast; and
D. Vacation home.
Section 10: Title 17 Zoning Chapter 17.19 R2 - Two - family Residential District
Section 17.19.020 Permitted principal uses and structures is hereby amended
as follows:
17.19.020 Permitted uses. The following land uses are permitted in the two - family
residential district:
A. Accessory buildings;
B. Beauty shops;
C. Churches;
D. Clinics;
E. Greenhouses;
F. Home occupations;
Kodiak Island Borough, Alaska Ordinance No. FY2007 -08
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G. Hospitals;
H. Parks and playgrounds;
I. Professional offices;
J. Schools;
K. Single- family dwellings; and
L. Two - family dwellings
M. Vacation home; and
N. Bed and breakfast.
Section 11: Title 17 Zoning Chapter 17.20 R3 - Multiple Family Residential District
Section 17.20.020 Permitted principal uses and structures is hereby amended as follows:
17.20.020 Permitted uses. The following and uses are permitted in the multifamily
residential district:
A. Accessory buildings;
B. Beauty shops;
C. Boardinghouses;
D. Churches;
E. Clinics;
F. Greenhouses;
G. Home occupations;
H. Hospitals;
I. Multifamily dwellings;
J. Parks and playgrounds;
K. Professional offices;
L. Schools;
M. Single- family dwellings; and
N. Two - family dwellings;
0. Vacation home; and
P. Bed and breakfast.
Section 12: Title 17 Zoning Chapter 17.22 RNC - Rural Neighborhood Commercial District
Section 17.22.020 Permitted principal uses and structures is hereby amended
as follows:
17.22.020 Permitted principal uses and structures. The following land uses and
activities are permitted in the rural neighborhood commercial district:
A. Animal hospitals, veterinary clinics, and boarding kennels;
B. Automobile service stations;
C. Bed and breakfasts /motels;
D. Churches;
E. Commercial recreation facilities (e.g. racquetball courts, health clubs, ice rinks, etc.);
F. Community halls and assembly areas;
G. Parks and playgrounds;
H. Restaurants and bars;
I. Retail stores and service shops (e.g. beauty shops, clinics, grocery stores,
professional offices, etc.);
J. Schools /daycare facilities;
K. A single - family dwelling if located on lot with a structure containing a permitted
business use; and
L. Warehouses;
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PERMITTED USES
REQUIRED OFF - STREET
PARKING SPACES
Bed and Breakfast
In addition to the off - street
parking requirements of Code
section 17.57.040 for a single
family dwelling, up to two guest
rooms must provide 1 additional
parking space; with three to four
guest rooms must provide 2
additional parking spaces; and
a Bed an Breakfast with five
guest rooms must provide 3
additional parking spaces.
M. Vacation home;
N. Bed and breakfast; and
O. Motel.
Section 13: Title 17 Zoning Chapter 17.57 Off - street parking and loading Section
17.57.040 (A) Number of spaces required is hereby amended as follows:
17.57.040 Off - street parking -- Number of spaces required.
A. The required number of off- street parking spaces to be provided will be determined
as follows:
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY FIRST DAY OF SEPTEMBER 2006
Nova M. Javier, CM • , Borough Clerk
KODIAK ISLAND BOROUGH
me M. Selby, Borough M.:yor
Kodiak Island Borough, Alaska Ordinance No. FY2007 -08
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