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FY2026-04 Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Assisted Living Residences1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING VARIOUS SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, RELATED TO ASSISTED LIVING RESIDENCES WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area -wide basis pursuant to A.S. Chapter 29.40; and WHEREAS, in accordance with A.S. Chapter 29.40, the borough adopted by ordinance an update to the KIB comprehensive plan on December 6, 2007 (the 2008 Comprehensive Plan); and WHEREAS, Title 17 of the Kodiak Island Borough Code of Ordinances is the land use regulation for the borough; and WHEREAS, KIBC Section 17.205.010 provides 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, Community Development Department staff received inquiries from residents of the borough on where assisted living residences may be permitted within the borough; and WHEREAS, KIBC does not define assisted living homes or facilities within Title 17; and WHEREAS, the State of Alaska licenses Assisted Living Homes for up to 5 individuals and more than 5 individuals; and WHEREAS, the Planning and Zoning Commission discussed the options for regulating assisted living uses and directed staff to create assisted living home use for up to 5 individuals and assisted living facility use for more than 5 individuals; and WHEREAS, a 2008 comprehensive plan goal states "continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures."; and WHEREAS, the Planning and Zoning Commission finds that this amendment is in conformance with the 2008 comprehensive plan and best planning practices. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Ordinance No. FY2026-04 Page 1 of 5 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 17.25.020 A definitions. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. Assisted living facility — means a residential facility, currently and duly licensed by the state of Alaska as an assisted living home, which combines housing, food service, general protective oversight and personalized assistance with the activities of daily living tasks such as eating, bathing, dispensing of medicines, housekeeping and other tasks and is compatible with a residential zoning district for more than 5 residents unrelated by blood or marriage. Assisted living home — means a single-family dwelling unit designed, used, or intended for use in whole or in part as an assisted living home, that is licensed and regulated by the State of Alaska and includes no more than 5 residents unrelated by blood or marriage. 17.60.020 (RR2) Permitted uses. J. Bed and breakfasts; aid K. Hoop houses -.Land L. Assisted living home. 17.65.020 MR) Permitted principal uses and structures. D. Hoop houses; aid E. Agricultural buildings and activities.-; and Ordinance No. FY2026-04 Page 2 of 5 89 90 F. Assisted living home. 91 92 17.70.020 (RR1) Permitted uses. 93 ... 94 L. Hoop houses; a-nd 95 96 M. Accessory dwelling units (ADUs) (attached).-; and 97 98 N. Assisted living home. 99 100 17.70.030 (RR1) Conditional uses. 101 ... 102 D. Accessory dwelling units (ADUs) (detached); and 103 104 E. Pet boarding facility -.Land 105 106 F. Assisted living facility. 107 108 17.75.020 (R1) Permitted uses. 109 ... 110 I. Urban agricultural buildings and activities; and 111 112 J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet) -.Land 113 114 K. Assisted living home. 115 116 17.75.030 (R1) Conditional uses. 117 ... 118 E. Recreational vehicle parks; and 119 120 F. Accessory dwelling units (ADUs) (detached)..-; and 121 122 G. Assisted living facility. 123 124 17.80.020 (R2) Permitted uses. 125 ... 126 R. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when 127 there is a single-family residence on the property); and 128 129 S. Pet services.-; and 130 131 T. Assisted livina home. 132 Ordinance No. FY2026-04 Page 3 of 5 133 17.80.025 (R2) Conditional uses. 134 ... 135 A. Mobile home parks-- arks -136 136 137 B. Recreational vehicle parks..-; and 138 139 C. Assisted living facility. 140 141 17.85.020 (R3) Permitted uses. 142 ... 143 S. Urban agricultural buildings and activities; 144 145 T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when 146 there is a single-family residence on the property); and 147 148 U. Pet services.. -i 149 150 V. Assisted living facility; and 151 152 W. Assisted living home. 153 154 17.90.020 (B) Permitted uses. 155 ... 156 GG. Marijuana testing facilities; 157 158 HH. Marijuana manufacturing facilities; 159 160 II. Veterinary clinics/animal hospitals; aad 161 162 JJ. Pet services..-; and 163 164 KK. Assisted living facility. 165 166 17.100.020 (UNC) Permitted principal uses and structures. 167 ... 168 I. Pet services; and 169 170 J. Veterinary clinics/animal hospitals -.Land 171 172 K. Assisted living facility. 173 174 17.110.020 (RB) Permitted principal uses and structures. 175 ... 176 M. Marijuana retail stores; aad Ordinance No. FY2026-04 Page 4 of 5 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 N. Marijuana testing facilities.-, and O. Assisted living facility. 17.175.040 Off-street parking — Number of spaces required. A. The required number of off-street parking spaces to be provided will be determined as follows: Table 1 Permitted Uses Required Off -Street Parking Spaces Aircraft hangars (used for any purpose) 1 per 700 square feet of gross floor area Assisted Living Facility 3 spaces, or 1 space per employee on maximum shift, plus one visitor space per 5 residents, whichever is greater Assisted Living Home 3 spaces Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY FIRST DAY OF AUGUST, 2025 KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, MMC, Borough Clerk Introduced by: Planning and Zoning Commission First reading: 08/07/2025 Second reading/public hearing: 08/21/2025 VOTES: Ayes: Ames, Griffin, Johnson, LeDoux, Sharratt, Smiley, and Whiteside Noes: None Ordinance No. FY2026-04 Page 5 of 5