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17.36.010-17.36.030
Chapter 17.36
EXISTING NONCONFORMING USES AND STRUCTURES
Sections:
17.36.010 Explanation.
17.36.020 Intent.
17.36.030 Nonconforming lots of record.
17.36.040 Nonconforming structures.
17.36.050 Nonconforming uses of structures and land.
17.36.060 Parking.
17.36.070 Prior construction.
17.36.080 Exception -Junkyards.
17.36.090 Exceptions.
17.36.100 Definitions.
17.36.010 Explanation. When a lot, structure or use legally exists prior to the adoption of an
ordinance codified in this title, but does not meet the requirements of this title, it shall be
permitted to continue within the limits set forth in this chapter under "nonconforming" status.
There are three (3) types of nonconforming status:
A. Nonconforming lots. The lot width or area is smaller than the minimum permitted in the
land use district in which it is located;
13. Nonconforming structures. The structure is designed to accommodate a non -conforming
use or fails to meet yard, height or other development requirements established for the land use
district in which it is located; and
C. Nonconforming uses. The use to which land and/or structures is being put is not a
permitted or conditional use in the land use district in which it is located. (Repealed and re-
enacted by Ord. 97-09 §2(part), 1997; Ord. 82-45-0 §1(part), 1982).
17.36.020 Intent. It is the intent of this chapter to permit these nonconformities to continue until
they are eliminated. Nonconforming uses are generally incompatible with conforming uses:
Nonconforming non-residential uses are especially incompatible with permitted uses in residential
zoning districts. (Repealed and re-enacted by Ord. 97-09 §2(part), 1997; Ord. 86-18-0 §2, 1986 ;
Ord. 82-45-0 §1(part), 1982).
17.36.030 Nonconforming Tots of record. A nonconforming lot in any zoning district can be
developed as permitted provided that it can be demonstrated that all other current zoning district
requirements such as setbacks and parking can be met. Nothing in this title shall be construed to
prohibit the creation of nonconforming lots which are federally mandated. (Repealed and re-
enacted by Ord. 97-09 §2(part), 1997; Ord. 90-04 §2, 1990; Ord. 87-14-0 §2, 1987; Ord. 82-45-
0 §1(part), 1982).
17-78
(KIB 09/97)
Supp. #18
17.36.040-17.36.050
17.36.040 Nonconforming structures.
A. Any legal structure existing at the effective date of adoption or amendment of the
ordinances codified in this title that could not be built under the existing terms of this title by
reason of restrictions on area, lot coverage, height, yards, deficiency of required parldng, or other
characteristics of the structure or its location on the lot, may be continued so long as it remains
otherwise legal.
B. Ordinary repairs, including the repair or replacement of walls, doors, windows, roof,
fixtures, wiring, and plumbing may be made to nonconforming structures.
C. Nonconforming residential structures may be enlarged or expanded provided that'there are
no other residential structures located on the property, no portion of thestructure_extends_o er
my lot line, and all other building, fire and zoning requirements are met. Any encroachment into
required setbacks exceeding the original building footprint shall be permitted only by the grant
of a variance under chapter 17:66 of this title.
D. Should a nonconforming structure be destroyed, it shall not be reconstructed except in
conformity with the regulations of this title. Destruction does not include deterioration through
ordinary neglect. (Repealed and re-enacted by Ord. 97-09 §2(part), 1997; Ord. 82-45-0 §1(part),
1982).
17.36.050 Nonconforming uses of structures and land.
A. A legal use of a structure, land, or of a structure and land in combination, existing. at the
effective date of adoption or amendment of the ordinances codified in this title, may be continued
so long as it remains otherwise legal.
B. Structures containing nonconforming residential uses, located in a non-residential zoning
district, may be expanded as long as the entire structure meets, at a minimum, the parking and
building code requirements for office or retail use.
C. Structures containing nonconforming residential uses, located in a residential zoning
district, may only be expanded if the nonconforming use of the structure is eliminated.
D. Structures containing nonconforming nonresidential uses may not be expanded.
E. Ordinary repairs including the repair or replacement of walls, doors, windows, roof,
fixtures, wiring, and plumbing may be made to structures containing nonconforming residential
uses.
F. Ordinary maintenance including the repair of walls, doors, windows, roof, fixtures,
wiring, and plumbing may be made to structures containing nonconforming non-residential uses.
G. When the nonconforming use of a structure. land, or structure and land in combination,
is voluntarily discontinued or abandoned for one (1) year or more, the structure, or structure and
land in combination, shall not thereafter be used except in conformance with the regulations of
the district in which it is located. Where nonconforming use status applies to a structure and land
in combination, removal or destruction of the structure shall extinguish the nonconforming use
of the land. (Repealed and re-enacted by Ord. 97-09 §2(part), 1997; Ord. 8245-0 §1(part),
1982).
17-79
(MB 09(97)
Sutra. #18
17.36.060--17:36.090
17.36.060 Parking.
A. A nonconforming residential structure may be enlarged or expanded without requiring
additional parking under chapter 17.57 of this title, as long as the number of dwelling units in
the structure is not increased.
B. A nonconforming non-residential structure may be changed to another legal use without
requiring additional parking under chapter 17.57 of this title as long as the new use of the
structure requires no more parking spaces than the previous non -conforming use. (Repealed and
re-enacted by Ord. 97-09 §2(part), 1997; Ord. 82-45-0 §1(part), 1982).
17.36.070 Prior Construction. Nothing in this chapter requires a change in the plans,
construction, or designated use of any building on which actual construction was legally begun
prior to the effective date of adoption or amendment of the ordinances codified in this title and
upon which actual building construction has been diligently carried on. (Repealed and re-enacted
by Ord. 97-09 §2(part), 1997; Ord. 86-18-0 §3, 1986; Ord 82-45-0 §1(part), 1982).
17.36.080 Exception --Junkyards. Junkyards, as defined in chapter 17.06 of this title, located
in any district other than an I -Industrial district, are a public nuisance and are not entitled to the
protective provisions of this chapter. (Repealed and re-enacted by Ord. 97-09 §2(part), 1997;
Ord, 82-45-0 §1(part), 1982).
17.36.090 Exceptions. When a lot, structure, or use was authorized by the provisions of former
chapter 17.65 of this title concerning an application for an exception, but which does not meet the
current requirements of this title, it shall be considered to have "nonconforming" status and he
permitted to continue within the limits set forth in this chapter. (Repealed and re-enacted by Ord.
97-09 §2(part), 1997; Ord. 92-17 §7, 1992).
17-80
(MB 09/97)
Supp. #18
17.36.100
17.36.100 Definitions. For purposes of this chapter, the following zoning districts are considered
residential zoning districts:
WH - Wildlife Habitat (17.11)
C Conservation (17.13)
RD - Rural Development (17.14)
RR2 - Rural Residential Two (17.15)
RR - Rural Residential (17.16)
RR1 - Rural Residential One (17.17)
RI - Single Family Residential (17.18)
R2 - Two Family Residential (17.19)
R3 - Multifamily Residential (17.20)
For purposes of this chapter all other zoning districts are considered to be non-residential zoning
districts. (Ord. 97-09 §2(part), 1997).
17-81
(MB 09/97)
Supp. #18
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and that the improvements situated tht
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that no improvements on property ty
the premises in question and that t
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catcd hereon.
:IIated this- 4., da
ROY A. ECKLUND
Registered Land Survey
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KODIAK ISLAND BOROUGH
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
December 9, 1983
Mr. Ray Baglin
103 Center Avenue
Kodiak, Alaska 99615
Dear Ray:
Re: ,Lot 1A, Block -14, Kodiak Townste
Our records indicate that the property in question is zoned R-2,
two-family, and is 2,850 square feet. Under present borough code
Chapter 17.36, Existing Nonconforming Uses and Structures, the
lot, structure and use existing on the property is permitted but
exists in "nonconforming status."
The chapter continues by stating "it is the intent of this
chapter to permit these nonconformities to continue until they
are removed...It is further the intent of this chapter that
nonconformities shall not be enlarged upon, expanded or
extended..."
Section 18.36.040, Nonconforming Structures, states that "should
a structure be destroyed by any means to an extent of more than
fifty percent of its replacement costs at the time of construc-
tion, it shall not be reconstructed except in conformity to the
regulations for the provisions of this title."
Basically Ray, if the structure was destroyed it would have to
meet the requirements of the existing R-2 zone which require a
lot area of 7,200 square feet.
A variance from the Planning and Zoning Commission would be
needed before a structure could be rebuilt.
Call me if I can be of further help.
Sincerely,
Bud Cassidy
Assistant Planner/Zoning Officer
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