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FY2026-15 Short Term Rentals (STR) Definitions1 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 45 46 47 48 49 50 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-15 A ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING VARIOUS SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, RELATED TO SHORT-TERM RENTAL DEFINITIONS, ZONING, AND PERMITTING REQUIREMENTS WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area -wide basis pursuant to AS Chapter 29.40; and WHEREAS, the borough adopted, by ordinance, a comprehensive plan identified in KIBC 17.10.030, most recently amended by Ordinance FY2020-06 (the 2008 Comprehensive Plan); and WHEREAS, Title 17 of the Kodiak Island Borough Code of Ordinances (KIBC) 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 working with the Planning & Zoning Commission has been reviewing KIBC Title 17 definitions for short-term rental -related uses; and WHEREAS, the Planning & Zoning Commission has determined that existing definitions within KIBC Chapter 17.25 are insufficient to address existing short-term rental -related uses within the borough; and WHEREAS, the proposed amendments to Title 17 address the shortcomings of the current definitions, clarifying where these uses are permitted, and including all short-term rental uses in current zoning compliance permit requirements; and WHEREAS, the Planning and Zoning Commission directed staff to develop the code amendment and bring the code amendment to a public hearing; 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 Assembly after reviewing the recommendation of the Commission and its findings concurs that this amendment is in conformance with the 2008 comprehensive plan, is consistent with best planning practices, and is a necessary amendment for the public welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Assembly finds that the amendments to the Kodiak Island borough Code set out in this ordinance: Ordinance No. FY2026-15 Page 1 of 7 51 a. The amendments supported by a public necessity to address deficiencies in Title 52 17 related to short-term rental -related definitions. 53 b. The amendments serve the general welfare of the community because they 54 address existing uses in the community that are not specifically addressed within 55 the zoning regulations. 56 c. Based on research of other jurisdictions in Alaska and the American Planning 57 Association, the amendments conform to best planning practices. 58 d. The amendments are in general conformance with the goals and objectives of the 59 2008 comprehensive plan. 60 61 Section 2: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended to read 62 as follows: 63 64 17.15.120 nerd and breakfasts, ledges, motels hotels and yaGatien herpes Short -Term 65 Rental Zoning Compliance. 66 67 Prior to the beginning a use of property for purposes of a bed and hrea fastshort-term rental 68 use— , �6 , 1- etCY hotel, or ya^atieR hem^ a copy of the certificate of registration for the transient 69 accommodation tax (KIBC 3.55.080) or, if applicable, the certificate of exemption from that tax 70 (KIBC 3.55.060), must be submitted to the community development department as part of the 71 zoning compliance permit application. Upen reE .pt of the Gert+fiGate of registration ^r 72 A zoning 73 compliance permit must be approved prior to operating the short-term rental use. A zoning 74 compliance permit for a short-term rental use does not preclude the long-term rental of a 75 dwelling unit, questroom, or sleeping room. Rental of a questroom or sleeping room, and 76 not a full dwelling unit is regulated by the type of short-term rental use. 77 78 17.25.030 B definitions. 79 80 "Bed and breakfast (B&B)" means overnight accommodations and emay include a morning meal 81 in a dwelling unit provided to transieRtS for compensation. The operator of the B&B must resides C�ZT"QIT...JT TTJ 82 on the premises and the maximum number of rooms that can be rented out is five. A B&B may 83 used as a short-term rental or a long-term rental. in additiGR to t#e1eff stFe + paFkiRg 84 requirementG P_f Kl_Rr__ 17.17F4.040 for a single family dwelling, a B&B with up to twe guest FOGMS 85 must pFevide one additiGnal parking spaGe; 86 twe additieRal paFkiRg spaGes; and a B&B with five guest reerns must prGyide thFee additiGRal 87 paFking span^c 88 89 "BeardiRghouse" means a building etheF than a hotel with not mere than five sleeping reerns 90 where ledging, with or without meals, is provided fE)F GOMPeRsatien for three or more persons, but 91 Ret eXGeed'ng pp 92 guests. 93 ... 94 17.25.050 D definitions. 95 ... 96 "Dwelling unit" means a single residential unit with one or more rooms providing complete 97 independent living facilities and a ciRgle ki#^hen OR a dweuiRg ide6igReld as a UPA for occupancy 98 by not more than one family ror liviRg GF sleeping-pupposes and OR whiGh Ret mere than fie,^ 99 perseRs aro ledged fer hire, including permanent provisions for living, sleeping, eating, 100 cooking, and sanitation where accessed independently from any other dwelling unit. 101 Ordinance No. FY2026-15 Page 2 of 7 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 17.25.080 G definitions. "Guest room" means any room in a bed and breakfast, homestav, hotel, or lodge may, beaFd+egheuse—pe,and bFeakfa-st ^r Indnlrnn house used and maintained to provide sleeping accommodations for not more than two persons. Each 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. Hotel quest rooms are exempt from the two person limit, but are subject to other applicable occupancy limits such as the building code. 17.25.090 H definitions. "Homestay" means the rental of no more than 2 questrooms, but not exceeding 2 quests, in an owner -occupied dwelling unit, while the owner is occupying the same dwelling unit for the entire rental period. A homestav may be used as a short-term rental or a long-term rental. "Hostel" means a rental of sleeping rooms within a dwelling unit, not to exceed 5 sleeping rooms. A hostel may be used as a short-term rental or a long-term rental. "Hotel" means any building or group of buildings in which there are six or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, for compensation. This definition includes the term motel. A hotel may be used as a short-term rental or a Iona -term rental. 17.25.130 L definitions. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for ternperary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography and viewing, and passive recreational activities. A lodge may be used as a short-term rental or a long-term rental. "Long-term rental" means a residential dwelling unit(s) or a short-term rental use that is leased for compensation, to a single person or group (more than one person) for a period of 30 consecutive days or more. 17.25.140 M definitions. 17.25.200 S definitions. "Short-term rental (STIR)" means a residential dwelling unit(s) or part of a unit that is rented for compensation, to a single person or group (more than one person) for a period of less than 30 consecutive days. Short-term rental uses include: bed and breakfast, homestav, hostel, hotel, lodge, single resident occupancy, vacation home, and vacation rental. Ordinance No. FY2026-15 Page 3 of 7 152 Single Resident Occupancy. A "single resident occupancy" or "single room occupancy (SRO)" is 153 a housing type consisting of one room with or without cooking facilities and with private or shared 154 bathroom facilities. An "SRO" is also a commercial building similar in use and function to a hotel 155 or apartment building (e.g., multiple -family dwelling) composed of 11 or more studio apartments 156 or rooming units that are available for rent for periods of seven days or more. A single resident 157 occupancy may be used as a short-term rental or a long-term rental. 158 159 ... 160 "Sleeping rooms" means a room or space where provisions for sleeping accommodations 161 are provided for no more than three people, and may or may not include provisions for 162 sanitation. Each 100 square feet or fraction thereof of floor area used for sleeping purposes 163 shall be considered to be a separate sleeping room in a large common area sleeping 164 arrangement. 165 ... 166 167 17.25.230 V definitions. 168 169 "Vacation home" means a ^^e family dwelling unit located within either a one -family dwelling 170 or a two-family dwelling that is rented as a short-term rental^r leased on+iFety fer peFieds 171 RGt +G ovnoord 30 days in IeRgth. 172 173 "Vacation rental" means a dwelling unit located within a multiple -family dwelling that is 174 rented as a short-term rental. 175 176 17.50.020 Permitted principal uses and structures (C District). 177 ... 178 J. Bed and bFeakfastsHomestay, vacation home, and bed and breakfast; 179 180 K. VaEa+ion�n herneT 181 182 LK. Hoop houses; 183 184 ML. Marijuana cultivation, limited; and 185 186 NM. Marijuana cultivation, standard (lots equal to or greater than five acres). 187 188 17.60.020 Permitted uses (RR2 District). 189 ... 190 H. Single-family dwellings; 191 192 I. VaGatiGR homesHomestay, vacation home, and bed and breakfast; and 193 194 Toed "�-and breakfi faa-`sr; 195 196 KJ. Hoop houses; and 197 198 LK. Assisted living homes. 199 200 17.65.020 Permitted principal uses and structures (RR District). 201 202 A. Single-family dwellings; Ordinance No. FY2026-15 Page 4 of 7 203 204 B. V. Gati„r, heFnesHomestay, vacation home, and bed and breakfast; 205 206 G. Bed aR d hreakfastF , 207 208 OC. Hoop houses; 209 210 €D. Agricultural buildings and activities; and 211 212 €E. Assisted living homes. 213 214 17.70.020 Permitted uses (RR1 District). 215 ... 216 H. Home occupations; 217 218 1. VaGatinn h^mecHomestay, vacation home, and bed and breakfast; 219 220 II d. Bed aR d breakfasts , 221 222 KJ. Recreational cabins; 223 224 LK. Hoop houses; 225 226 ML. Accessory dwelling units (ADUs) (attached); and 227 228 NM. Assisted living homes. 229 230 17.75.020 Permitted uses (R1 District). 231 ... 232 J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet); and 233 234 K. Homestay; and 235 236 ISL. Assisted living homes. 237 238 17.75.030 Conditional uses (R1 District). 239 ... 240 B. Schools; 241 242 C. Bed and breakfasts; 243 244 D. Vacation homes; 245 ... 246 247 17.80.020 Permitted uses (R2 District). 248 ... 249 M. Homestay and Wacation homes; 250 251 N. Bed and Breakfasts; 252 ... 253 Ordinance No. FY2026-15 Page 5 of 7 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 17.85.020 Permitted uses (R3 District). C. Homestay and hostel; O. Vacation homes and vacation rental; P. Bed and breakfasts; 17.90.020 Permitted uses (B District). S. MetelsHomestay, vacation home, vacation rental, hostel, and bed and breakfast; 17.95.020 Permitted principal uses and structures (RNC District). C. Bed and breakfasts/me me Homestay; M. Vacation homes; N. Bed and breakfasts; O. sHotels; and 17.100.020 Permitted principal uses and structures (UNC District). A. BeardiRghouses, bBed and breakfasts, homestay, hostel, vacation home, and vacation rental; 17.110.020 Permitted principal uses and structures (RB District). B. Homestay, hostel, vacation home, vacation rental, bed and breakfast, and hotels a„d metels; 17.175.040 Off-street parking — Number of spaces required. Table 1. Permitted Uses Required Off -Street Parking Spaces Bed and breakfasts In addition to the off-street parking requirements of KIBC 17.175.040 for a single- family dwelling, up to 2 guest rooms must provide 1 additional parking space; with 3 to 4 guest rooms must provide 2 additional parking spaces; and a bed and breakfast with 5 guest rooms must provide 3 additional parking spaces Meters er beardingheus Hostel 1 per guest reem er r+we!'inr, ni+sleeping room Ordinance No. FY2026-15 Page 6 of 7 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF FEBRUARY 2026 KODIAK ISLAND BOROUGH ATTEST: ed Griffin, y Nova M. Javier, MMC, Borq gh Clerk Introduced by: Planning and Zoning Commission First reading: 01/15/2026 Second reading/public hearing: 02/05/2026 VOTES: Ayes: Ames, Gardner, Johnson, Roberts, Smiley, Whiteside, and Woods Noes: None Ordinance No. FY2026-15 Page 7 of 7 Homestay or vacation home Same as a one-family dwelling or two- family dwelling (Dependent on the number of units within the building) Vacation rental Same as a multiple-family dwelling (Dependent on the number of units within the buildin Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF FEBRUARY 2026 KODIAK ISLAND BOROUGH ATTEST: ed Griffin, y Nova M. Javier, MMC, Borq gh Clerk Introduced by: Planning and Zoning Commission First reading: 01/15/2026 Second reading/public hearing: 02/05/2026 VOTES: Ayes: Ames, Gardner, Johnson, Roberts, Smiley, Whiteside, and Woods Noes: None Ordinance No. FY2026-15 Page 7 of 7