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2001-07 Amending Title 17 Zoning - Permitted UsesKODIAK ISLAND BOROUGH ORDINANCE NO. 2001 -07 Introduced by: Manager Jensen Requested by: Planning and Zoning Commission Drafted by: Community Development Department Introduced: 03/15/2001 Public Hearing: 04/05/2001 Adopted: 04/05/2001 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING CHAPTER 17.21 B- BUSINESS DISTRICT SECTION 17.21.020 PERMITTED USES WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held a public hearing on the proposed amendment at the February 21, 2001 regular meeting; and WHEREAS, single family and duplex residential use within commercial structures in the B- Business zoning district is an issue that has been addressed a number of times over the years by the Planning and Zoning Commission and Kodiak Island Borough Assembly. The proposed amendment is not a significant departure from prior discussions of this issue. WHEREAS, the proposed amendment is intended to make the standard more flexible for business owners, while preserving the intent and integrity of the B- Business zoning district for commercial use and development. The requirement for owner occupancy of a single - family residential use within a street level commercial structure will ensure that the use is not incompatible with the commercial use of the site. WHEREAS, the amendment will not increase the practical impact of a single - family residential use within the B- Business zoning districts. Single- family residential use is still required to be subsidiary and incidental to the principal use of the B- Business zoning district for commercial purposes. WHEREAS, the amendment, as recommended, will not change the street level character of commercial structures in the B- Business zoning district. WHEREAS, the amendment will not create any nonconforming uses, and may reduce some existing nonconformities and violations within the B- Business zoning district. WHEREAS, after reviewing the proposed amendment to allow street level single - family residential use in the B- Business zone, the Kodiak Island Borough Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly approve and adopt the recommended changes to Kodiak Island Borough Code Section 17.21.020 Permitted Uses; Kodiak Island Borough, Alaska Ordinance No. 2001 -07 Page 1 of 2 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 Code of Ordinances of the Kodiak Island Borough. Section 2: Section 17.21.020 Permitted uses is hereby amended as follows: 17.21.020 Permitted uses. The following land uses and activities are permitted in the business district: CC. Single family and two - family dwellings, if located within a structure containing a permitted business use, not exceeding fifty (50) percent of the area of the structure; and not located on the street level of the structure; except that an owner occupied single family ;may be ; allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi-frontage Tots), the use of the dwelling is subsidiary and incidental to the principle commercial use, and there is no:indicatioRn, other than a separate entrance on the street level building facade, that a residential use is. Iodated within, the structure. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF APRIL, 2001. udith A. Nielse CMC, Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. 2001 -07 Page 2 of 2