FY2025-11 POSTPONED INDEFINITELY - Amending Various Code Title 17 Zoning To Include Defined Intent For Accessory Dwelling Units1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-11
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
VARIOUS SECTIONS OF THE KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING TO
INCLUDE DEFINED INTENT AND DEVELOPMENT STANDARDS FOR ACCESSORY
DWELLING UNITS
WHEREAS, the Kodiak Island Borough Assembly adopted Ordinance No. FY2017-21 which
first adopted accessory dwelling units as a part of Title 17; and
WHEREAS, the Kodiak Island Borough Assembly adopted Ordinance No. 4201�1-2Awhich
changed development standards for accessory dwelling units related to par ' g d size limits;
and
WHEREAS, Kodiak Island Borough Code (KIBC) 17.25.020 defin ess ry Dwelling unit
"ADU"; and
WHEREAS, KIBC 17.50.040, 17.60.030, 17.65.040, 17.7AN, .030, and 17.80.025 list
conditional uses for the conservation, rural residential, rural residential 1, rural residential 2, and
the residential 1 zoning districts; and
WHEREAS, KIBC 17.50.020, 17.65.030, 17.70.020 and 17.75.020 list permitted use for the
conservation, rural residential, rural residential 1\and�th residential 1 zoning districts; and
WHEREAS, KIBC 17.160.070 permits 1RStction and provides for development
standards; and
WHEREAS, KIBC 17.205.010 pfovlhes that Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and after report
thereon by the commission and public hearing as required by law, amend, supplement, modify,
repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, the public necessity and general welfare of the community may be better served
by amending the code to include defined intent and development standards for accessory dwelling
units; and
WHEREAS the public necessity and general welfare of the community may be better served
by amending t e code to make all types of accessory dwelling units permitted uses in the rural
reside tial, rural residential 1, and the residential 1 zoning districts; and
WH, the amendments to KIBC 17.160.070 Accessory Dwelling Units and related
sections of Title 17 will accomplish the stated public need.
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
Kodiak Island Borough Code of Ordinances.
Ordinance No. FY2025-03
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Section 2: That Title 17 of the Kodiak Island Borough Code of Ordinances is amended to read
as follows:
Chapter 17.25 DEFINITIONS
17.25.020 A definitions.
"Accessory dwelling unit (ADU)" means a smaller, secondary an dwelling unit
a+Ad A-Xit . ,- A-G.AtA-iA WGhP-R, hatl;Fe ,w . Rdl GleepiRg facilities located on the site lot as a
There are two types of ADUs:
A.
than eiaht feet in width.
B.
Chapter 17.50 C — CONSERVATION DISTRICT
17.50.030 Permitted accessor)r�and structures.
B. Accessory residential buildings (e.g., accessory dwelling units (ADUs) subject to the
develoorneOrreauisements in KIBC 17.160.070(C), crew quarters in support of
commercia et-n fishing and lodge operations, banyas, outhouses, etc.);
17.50.OAon "onal Uses.
J. Marijuana cultivation, standard (lots less than five acres).; _
'REP, is
standards listed in KIBC 17.160.070.C. 1 throuah 7.
Chapter 17.60 RR2 — RURAL RESIDENTIAL TWO DISTRICT
17.60.020 Permitted uses.
A. Accessory buildings and accessory dwelling units (ADUs) subject to the development
reauirements in KIBC 16.160.070.C;
Ordinance No. FY2025-03
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17.60.030 Conditional uses.
C. Marijuana cultivation, limited (lots equal to or greater than two acres).; -_
D. Accessory dwelling units (ADUs) that do not meet one or more of the development
standards listed in KIBC 17.160.070.C. 1 throuah 7.
Chapter 17.65 RR — RURAL RESIDENTIAL DISTRICT
444
17.65.030 Permitted accessory uses and structures.
A. Accessory buildings and accessory dwelling units ADUs sub'ec t,N
development reauirements in KIBC 17.160.070.0 .
17.65.040 Conditional uses. Sx
C. Accessory dwelling units (ADUs
Chapter 17.70 RR1 — RURAL RESIDENTIAL ONE
17.70.020 Permitted uses. v
'4111
M. Accessory dwelling units (ADUs) sub'ec evelo ment re uirements in KIBC
17.160.070.0 (attaohod). IV
17.70.030 Conditional uses. Z;�4
i♦
D. Accessory dwelling units (ADUs) ched) that do not meet one or more of the
development standards listed ig KIBC 17.160.070. C. 1 throuah 7.
Chapter 17.75 R1 — SINGLE-FAMILY RESIDENTIAL DISTRICT
17.75.020 Permitted uses.
H. AccessorNwelling units (ADUs) subject to the development requirements in KIBC
17. 0 C (a+ d);
17.75.030 Conditional uses.
Accessory dwelling units (ADUs) (d4) that do not meet one or more of the
development standards listed in KIBC 17.160.070. C. 1 throuah 8.
Chapter 17.80 R2 — TWO-FAMILY RESIDENTIAL DISTRICT
17.80.020 Permitted uses.
Ordinance No. FY2025-03
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QP. Urban agricultural buildings and activities; and
R(3. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when
there is a single-family residence on the property).
Chapter 17.160 ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS
17.160.070 Accessory dwelling units.
A. Intent. Accessory dwelling units (ADUs) add options and housing choice in residential
neighborhoods and can be an effective way to add affordable housing to existing
neighborhoods. ADUs also provide a flexible way to address family needs for additional
housing. ADUs are not intended for use as transient housing and all*t be permitted
for use as a bed and breakfast.
1. ADUs are not intended to allow a two-family residence in a i e-family residential
zoning district.
B. Permitted Uses.0
1. ADUs are a permitted use in the foll w residential zoning districts, subject to the
development standards in subset this seciton:
a. Chapter 17.50 K�� II�BC,�C,��C S_o ervation District;
b. Chapter 17.65 Fi/BGI LRural Residential District:
bc. Chapter 1 60 KIBC, RR2 — Rural Residential Two District;
sd. Cha C RR1 — Rural Residential One District
42. hap .75 KIBC R1 — Single-family Residential District (aid);
9C. Development Standards for ADUs.
Ordinance No. FY2025-03
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Only one ADU shall be permitted en a In+ Lot size: The minimum lot area of the
applicable zonina district shall apply. No lot that is substandard in the minimum lot
area of the applicable zoning district may apply for an ADU.
2. Location. An ADU may be attached to or located within a single-family residence or within
a detached accessory building on the same lot as the single-family residence or as a
separate structure on that lot.
Attached ADU: If +ho n-D I ,s Ir rotor l viothin a SiRgle_faFROIY GlWellinn There shall only
be one entrance to the front of the house. Separate entrances to an ADU located within
the principal dwelling or attached to it are permitted at the side &,nhe rear of the
principal dwelling unit. `'
Detached ADU: The structure in which the ADU is located , Ic�-d either
residence.
43. Water Supply and Wastewater Disposal. The a(A-ess elling unit must have a
bathroom and shall share the same sewage disposal and water supply systems (e.g.,
a well and septic system or connection to public water and sewer) as the principal
dwelling unit unless separate sewer and water connections are required by the city of
Kodiak, ADEC, or the communities of hiok, Karluk, Larsen Bay, Old Harbor,
Ouzinkie, or Port Lions.
54. Parking.
a. Five off-street parking spaces arrequired for any lot with an ADU that is 600 squaFe
feet er less outside t C' iak (three for the existing dwelling unit and two
for the ADU).
b. S+xFour off-street parking Spaces are required for any lot with an ADU that is greater
feet located within the City of Kodiak (three for the existing dwelling
unit and for the ADU).
65. Size Lir'
a. An ADU shall be limited to 57-5800 square feet or less 'n the RI and R'2 n•o+r• is In the RI In
ether districts an A rll l shall be limited to 725 square foot or lac cl shall be to 725 c�feet or
�. Mobile homes, recreational vehicles, campers, and travel trailers are not permitted to
Ae used as an ADU.
6¢. No new access points or driveways shall be created or installed for access to the ADU.
gZ. Nonconforming Structures.
a. ADUs may be located within an existing single-family detached dwelling that is
Ordinance No. FY2025-03
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nonconforming with respect to required setbacks, provided the ADU requirement
for off-street parking is met.
b. ADUs are prohibited in any accessory structure that is nonconforming with
respect to required setbacks.
4-08. Access for Emergency Services Providers.
a. The zoning compliance permit and site plan for an ADU must show the location of
an unobstructed route of travel from the street to the ADU entrance.
b. Exterior doors and openings required by this code or the IBC shall be maintained
readily accessible for emergency access by the fire department. An approved
access walkway leading from the apparatus access roads t xt�or gpenings
shall be provided when required by the fire code official.
44-9`V sV eV G rVar+V r^e-s Conditional Use Permit Required.
Provisions within this
,or i '%0
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect V'4ption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2024
KODIAK ISLAND BOROUGH
IX
Scott Arndt, Mayor
Introduced by:
First reading:
Second reading/public hearing:
VOTES:
Ayes:
Noes:
Ordinance No. FY2025-03
ATTEST:
Nova M. Javier, MMC, Borough Clerk
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