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FY2012-10 Amending Titles 15 & 17 to Include Hoop Houses Introduced by: Borough Manager Requested by: Borough Assembly 1 Drafted by: Assembly Member Lynch 2 P &Z Commission Introduced: 10/20/2011 3 Postponed: 10/20/2011 4 Amendment: 01/19/2012 5 Public Hearing: 01/19/2012 6 Adopted: 01/19/2012 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012 -10 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES 12 TITLE 15 BUILDINGS AND CONSTRUCTION BUILDINGS CHAPTER 15.10 BUILDING 13 CODES BY ADDING SECTION 15.10.180 HOOP HOUSES AND TITLE 17 ZONING BY 14 AMENDING SECTIONS 17.25.090, 17.50.020, 17.60.020, 17.65.020, 17.65.030, 15 17.70.020, 17.75.020, 17.80.020, 17.85.020 AND 17.160.010 16 TO INCLUDE HOOP HOUSES 17 18 WHEREAS, there has been an increased use of poly - tunnels (hoop houses) nationwide, 19 and in Kodiak, as a practical and inexpensive means of growing fruits and vegetables; and 20 21 WHEREAS, the Kodiak Island Borough does not specifically address building permits 22 and zoning compliance for hoop houses; and 23 24 WHEREAS, the Kodiak Island Borough proposes an exemption from the building permit 25 and zoning compliance processes and the exemption would: 26 1) apply to all non - retail hoop houses, either those utilized by home gardeners, 27 commercial farmers, farm markets, or residential homeowners, and apply 28 uniformly throughout the Kodiak Island Borough; and 29 2) not burden growers with the permit requirements of the building and construction 30 code and the attendant fees, such as site plans signed and sealed by a licensed 31 architect or engineer, building subcode permit fees, etc.; and 32 3) greatly enable gardeners to grow vegetables, fruits, and other specialty crops in 33 our challenging climate at times of the year in which it would otherwise be 34 impossible. Growers who sell or utilize their hoop house produce locally benefit 35 from the extra income, improved nutrition and the community benefits from the 36 availability of fresh, locally grown food; and 37 38 WHEREAS, a hoop house is defined as a structure that has the sides and roof covered 39 with flexible plastic material, such as polyethylene or polyvinyl, and is used to provide 40 plants with frost protection or increased heat; and 41 • 42 WHEREAS, temporary growing structures that are solely used for commercial 43 production of horticultural plants are exempt from the requirements of the State Building 44 Code. The structures continue to be subject to requirements adopted by local jurisdictions, 45 including local zoning and building setbacks; and Kodiak Island Borough Ordinance No. FY2012 -10 Page 1 of 7 46 47 WHEREAS, such structures are not "buildings" in the traditional sense, they are not 48 expected to be lasting permanent structures, and the cost of the engineering designs and 49 constructing such permanent building standards is unnecessary and makes them 50 economically infeasible for nursery operators; and 51 52 WHEREAS, there will be a review every two years of this ordinance; and 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 55 BOROUGH THAT: 56 Section 1: This ordinance is of a general and permanent nature and shall become a 57 part of the Kodiak Island Borough Code of Ordinances; and 58 59 Section 2: Title 15 Buildings and Construction Chapter 15.10 Building Codes of the 60 Kodiak Island Borough Code of Ordinances is amended by adding Section 61 15.10.180 hoop houses as follows: 62 Chapter 15.10 63 Building Codes 64 Sections: 65 15.10.010 Adoption of building and other codes. 66 15.10.020 Repealed. 67 15.10.030 Copies on file for sale. 68 15.10.040 Repealed. 69 15.10.050 Remote area exemption. 70 15.10.060 Plan check and approval. 71 15.10.070 Repealed. 72 15.10.080 Uniform Building Code Section 2305 amended. 73 15.10.090 Uniform Building Code Appendix Chapter 33 amended. 74 15.10.100 Sanitation facilities. 75 15.10.110 Building permit fees. 76 15.10.120 Temporary structures. 77 15.10.130 Roof snow load. 78 15.10.140 Repealed. 79 15.10.150 Repealed. 80 15.10.160 Footings — General 81 15.10.170 Certificate of occupancy. 82 15.10.180 Hoop houses. 83 84 15.10.180 Hoop houses. 85 A. A "hoop house" or "high tunnel," used exclusively for the production or storage of live 86 plants, shall be exempt from the permit requirements of the Kodiak Island Borough 87 Building Code if it meets the following criteria: 88 1. There is no permanent anchoring system or foundation; 89 2. There is no storage, temporary or otherwise, of solvents, gases, or other 90 chemicals or flammable materials. 91 3. The structure is no wider than 31 feet and no greater length than 150 feet; Kodiak Island Borough Ordinance No. FY2012 -10 Pane 2of7 92 4. The covering of the structure is of a flexible polyethylene material no 93 greater than ten mils in thickness; 94 5. The support structure of the hoop house is made of non - combustible 95 materials, e.q. metal and hoop house must be purchased as a kit per the 96 USDA high tunnel program. Installation is per manufacturers 97 recommendations. 98 6. The structure is not utilized for retail sales. 99 7. The structure is located no closer than two feet from all property lines. 100 101 Section 3: Title 17 Zoning Chapter 17.25 Definitions Section 17.25.090 H 102 Definitions is amended to add the following: 103 104 "Hoop house" means a structure with sides and roof covered with flexible plastic 105 material, used to provide plants with frost protection or increased heat. A hoop 106 house must meet the following criteria: 107 1. There is no permanent anchoring system or foundation; 108 2. There is no storage, temporary or otherwise, of solvent, gases, or other 109 chemicals or flammable materials; 110 3. The structure is no wider than 31 feet and no greater length than 150 feet; 111 4. The covering of the structure is of a flexible polyethylene material no 112 greater than ten mils in thickness; 113 5. The support structure of the hoop house is made of non - combustible 114 materials, e.g. metal and hoop house must be purchased as a kit per the 115 USDA high tunnel program. Installation is per manufacturers' 116 recommendations; 117 6. The structure is not utilized for retail sales; and 118 7. The structure is located no closer than two feet from all property lines. 119 120 Section 4: Title 17 Zoning Chapter 17.50 C — Conservation District Section 17.50.020 121 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended as follows: 122 123 Chapter 17.50 124 C — CONSERVATION DISTRICT 125 126 17.50.020 Permitted principal uses and structures. 127 The following land uses and activities are permitted in the conservation district: 128 A. All of the permitted principal uses and structures in the NU natural use zoning district; 129 B. Agricultural activities and related structures, including commercial livestock grazing; 130 with a written conservation plan between the land owner or lease holder and the 131 Kodiak soil and water conservation district, in those areas historically established for 132 livestock grazing consisting of the northeast portion of Kodiak Island east of a line 133 drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and 134 including Chirikof Island and Sitkinak Island. Kodiak Island Borough Ordinance No. FY2012 -10 Page 3 of 7 135 C. Commercial fishing activities and related structures, including mariculture activities and 136 related structures; 137 D. Commercial guiding and /or outfitting activities (e.g., hunting, fishing, photography, etc.) 138 and related structures (e.g., lodges) containing provisions for no more than six clients; 139 E. Parks; 140 F. Recreational activities (including recreational mining activities); 141 G. Single- family dwellings /recreational cabins and associated home occupations; 142 H. Timber harvesting activities and transportation and utility facilities constructed in 143 support of permitted timber harvesting activities; 144 I. Churches; 145 J. Bed and Breakfasts; 146 K. Vacation homes; and 147 L. Hoop houses. 148 149 Section 5: Title 17 Zoning Chapter 17.60 RR2 -Rural Residential Two District Section 150 17.60.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 151 as follows: 152 Chapter 17.60 153 RR2 — Rural Residential Two District 154 155 17.60.020 Permitted uses. 156 The following land uses and activities are permitted in the rural residential two district: 157 A. Accessory buildings; 158 B. Agricultural buildings and activities; 159 C. Churches; 160 D. Fishing activities when an owner - occupied dwelling is present on the premises; 161 E. Greenhouses; 162 F. Home occupations; 163 G. Horticultural buildings and activities; 164 H. Single- family dwellings; 165 I. Vacation homes; 166 J. Bed and breakfasts; and 167 K. Hoop houses. 168 169 Section 6: Title 17 Zoning Chapter 17.65 RR -Rural Residential District Section 170 17.65.020 Permitted Principal Uses and Structures of the Kodiak Island Borough Code of 171 Ordinances is amended as follows: 172 173 Chapter 17.65 174 RR — Rural Residential District 175 176 17.65.020 Permitted principal uses and structures. 177 The following land uses and activities are permitted in the rural residential two district: 178 A. Single- family dwellings; 179 B. Vacation homes; Kodiak Island Borough Ordinance No. FY2012 -10 Page 4 of 7 180 C. Bed and breakfasts; and 181 D. Hoop houses. 182 183 Section 7: Title 17 Zoning Chapter 17.65 RR -Rural Residential District Section 184 17.65.030 Permitted Accessory Uses and Structures of the Kodiak Island Borough Code 185 of Ordinances is amended as follows: 186 187 17.65.030 Permitted accessory uses and structures. 188 A. Accessory buildings. 189 B. Home occupations. 190 C. Hoop houses. 191 192 Section 8: Title 17 Zoning Chapter 17.70 RR1 -Rural Residential One District Section 193 17.70.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 194 as follows: 195 Chapter 17.70 196 RR1 — Rural Residential One District 197 198 17.70.020 Permitted uses. 199 The following land uses are permitted in the rural residential one district: 200 A. Accessory buildings; 201 B. Agricultural buildings and activities; 202 C. Churches; 203 D. Fishing activities when an owner- occupied dwelling is present on the premises; 204 E. Greenhouses; 205 F. Horticultural buildings and activities; 206 G. Single- family dwellings; 207 H. Home occupations; 208 I. Vacation homes; 209 J. Bed and breakfasts; 210 K. Recreational cabins; and 211 I. Hoop houses. 212 213 Section 9: Title 17 Zoning Chapter 17.75 R1- Single- Family Residential District Section 214 17.75.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 215 as follows: 216 Chapter 17.75 217 R1 — Single - Family Residential District 218 219 17.75.020 Permitted uses. 220 The following land uses and activities are permitted in the single - family residential district: 221 A. Accessory buildings; 222 B. Churches; 223 C. Greenhouses; Kodiak Island Borough Ordinance No. FY2012 -10 Page 5 of 7 224 D. Home occupations; 225 E. Parks and playgrounds; 226 F. Single- family dwellings; and 227 G. Hoop houses. 228 229 Section 10: Title 17 Zoning Chapter 17.80 R2- Two - Family Residential District Section 230 17.80.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 231 as follows: 232 233 Chapter 17.80 234 R2 — Two - Family Residential District 235 236 17.80.020 Permitted uses. 237 The following land uses are permitted in the two- family residential district: 238 A. Accessory buildings; 239 B. Beauty shops; 240 C. Churches; 241 D. Clinics; 242 E. Greenhouses; 243 F. Home occupations; 244 G. Hospitals; 245 H. Parks and playgrounds; 246 I. Professional offices; 247 J. Schools; 248 K. Single- family dwellings; 249 L. Two - family dwellings; 250 M. Vacation homes; 251 N. Bed and breakfasts; and 252 O. Hoop houses. 253 254 Section 11: Title 17 Zoning Chapter 17.85 R3- Multifamily Residential District Section 255 17.85.020 Permitted Uses of the Kodiak Island Borough Code of.Ordinances is amended 256 as follows: 257 Chapter 17.85 258 R3 — Multifamily Residential District 259 260 17.85.020 Permitted uses. 261 The following land uses are permitted in the multifamily residential district: 262 A. Accessory buildings; 263 B. Beauty shops; 264 C. Boardinghouses; 265 D. Churches; 266 E. Clinics; 267 F. Greenhouses; Kodiak Island Borough Ordinance No. FY2012 -10 Paae 6 of 7 268 G. Home occupations; 269 H. Hospitals; 270 I. Multifamily dwellings; 271 J. Parks and playgrounds; 272 K. Professional offices; 273 L. Schools; 274 M. Single- family dwellings; 275 N. Two - family dwellings; 276 O. Vacation homes 277 P. Bed and breakfasts; and 278 Q. Hoop houses. 279 280 Section 12: Title 17 Zoning Chapter 17.160 Accessory Buildings Section 17.160.010 281 Intent of the Kodiak Island Borough Code of Ordinances is amended as follows: 282 17.160.010 Intent. 283 It is the intent of this chapter to set forth standards for the size and location of 284 accessory buildings. Hoop houses shall not be subject to the limitations of this 285 chapter in all zoning districts where hoop houses are permitted. 286 287 Section 13: This ordinance shall become effective upon adoption. 288 289 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 290 THIS NINETEENTH DAY OF JANUARY, 2012 291 292 KODIAK ISLAND BOROUGH 293 294 ` ` 295 Ir - 4 l i .......at 296 ATTEST: Je l ame M. Selby, z sus h M-yor 297 298 299 s ili 300 Nova M. Javier, MM If Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -10 Page 7 of 7