2016-09-29 Joint Work SessionPage
BOROUGH ASSEMBLY/PLANNING AND ZONING COMMISION
JOINT WORK SESSION AGENDA
Thursday, September 29, 2016
Borough Assembly Chambers
6:30 p.m. to 7:30 p.m.
Joint work sessions are informal meetings of the Borough Assembly and Planning and
Zoning Commissioners where officials discuss issues that affect residents. No formal
action is taken at joint work sessions and items that require formal action are placed
on a regular Borough Assembly and/or Planning and Zoning Commission meeting
agenda. Public comments at joint work sessions are NOT considered part of the
official record. Public comments intended for the "official record" should be made at a
reqular Borough Assembly or Planning and Zoning Commission meeting.
PUBLIC COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
2-72 A. Discussion Regarding Commission's Current Activities such as:
lA *Cases
*Meeting Schedule
*Ordinance No. FY2017-17
*Roles and Responsibilities Of P&ZC And Assembly
*Status of Accessory Dwelling Units
P&ZC Update - Pdf
P&ZC Attendance
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KODIAK ISLAND BOROUGH
AGENDA STATEMENT
SEPTEMBER 29, 2016
JOINT WORK SESSION - ASSEMBLY AND
yi PLANNING AND ZONING
TITLE: Discussion Regarding Commission's Current Activities such as:
'Cases
'Meeting Schedule
'Ordinance No. FY2017-17
"Roles and Responsibilities Of P&ZC And Assembly
'Status of Accessory Dwelling Units
ORIGINATOR:
FISCAL IMPACT:
Account Number:
SUMMARY STATEMENT:
FUNDS AVAILABLE:
Amount Budgeted:
AGENDA ITEM #2.A.
• Requested by the Assembly to discuss current activities of the Commission.
• There was a desire to review the meeting schedule of the Commission.
• Ordinance No. FY2017-17 Temporary Moratorium On Enforcement
RECOMMENDED MOTION:
Kodiak Island Borough
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AGENDA ITEM #2.A.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
_ OCTOBER 6, 2016
ASSEMBLY REGULAR MEETING
tv
TITLE: Ordinance No. FY2017-17 Placing A Temporary Moratorium On The
Enforcement Of Those Sections Of Title 17 (Zoning) Of The Borough Code
That Prohibit The Keeping Of Chickens And Other Animals Useful To People
In The Rr-Rural Residential, R1 -Single -Family Residential, R2 -Two -Family
Residential, And R3 -Multi -Family Residential Zoning Districts, And Initiating A
Planning And Zoning Commission Review Of Title 17 (Zoning) Of The Borough
Code To Consider Amendments That Will Allow Such Uses In Those Districts,
And Directing Staff To Perform A Concurrent Review Of Chapter 6.04 (Animal
Control) Of The Borough Code To Recommend Amendments That More
Specifically Address The Control Of Chickens And Other Animals Useful To
People.
ORIGINATOR: Jack Maker
FISCAL IMPACT: No
Account Number.
SUMMARY STATEMENT:
FUNDS AVAILABLE:
Amount Budgeted:
This ordinance was requested and is being introduced by Assembly Member Crow in an effort
to address public comment supporting the keeping of chickens and other animals useful to
people in residential zoning districts.
Although such activities are permitted uses in three low density residential districts, they are
prohibited uses in one low density district and all medium and high density districts. The
ordinance places a temporary moratorium on the enforcement of Title 17 (Zoning) codes that
prohibit such uses in those residential districts and initiates a Planning and Zoning
Commission code review to consider amendments that would allow such uses. The ordinance
also directs staff to perform a concurrent review of Chapter 6.04 (Animal Control) to
recommend amendments that more specifically address the control of chickens and other
animals useful to people.
The temporary moratorium only applies to enforcement of Title 17 (Zoning) codes. Title 6
(Animal Control) codes that address animal cruelty, control of animals, animal waste, etc.,
would continue to be enforced.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2017-17 in first reading to advance to public hearing at the
next regular meeting of the Assembly.
Kodiak Island Borough
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AGENDA ITEM #2.A.
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Introduced by: Assembly Member Crew
Requested by: Assembly Member Crow
Droned by: CDD
1 Introduced: 09/152015
2 Public Heading: 10/062016
3 Adopted:
4
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2017-17
7
8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
9 BOROUGH PLACING A TEMPORARY MORATORIUM ON THE
10 ENFORCEMENT OF THOSE SECTIONS OF TITLE 17 (ZONING) OF
11 THE BOROUGH CODE THAT PROHIBIT THE KEEPING OF
12 CHICKENS AND OTHER ANIMALS USEFUL TO PEOPLE IN THE RR -
13 RURAL RESIDENTIAL, R1 -SINGLE-FAMILY RESIDENTIAL, R2 -TWO -
14 FAMILY RESIDENTIAL, AND R3 -MULTI -FAMILY RESIDENTIAL
15 ZONING DISTRICTS, AND INITIATING A PLANNING AND ZONING
16 COMMISSION REVIEW OF TITLE 17 (ZONING) OF THE BOROUGH
17 CODE TO CONSIDER AMENDMENTS THAT WILL ALLOW SUCH
18 USES IN THOSE DISTRICTS
19
20 WHEREAS, there has been a noted increase in the keeping of chickens and other
21 animals useful to people in residential zoning districts within the Kodiak Island Borough;
22 and
23
24 WHEREAS, the keeping of chickens and other animals useful to people is an agricultural
25 activity as defined by Kodiak Island Borough Cade 17.25.020.A; and
26
27 WHEREAS, agricultural activities are listed as a permitted use in the low density RR1-
28 Rural Residential One, RR2-Rural Residential Two, and C -Conservation Zoning Districts;
29 and
30
31 WHEREAS, agricultural activities are not listed as a permitted use in the low density RR -
32 Rural Residential District, medium density R1 -Single-family Residential and R2 -Two-family
33 Residential Districts, and high density R3-Mulit-family Residential District and are therefore
34 a prohibited use in those districts per Kodiak Island Borough Code 17.15.080; and
35
36 WHEREAS, through public comment at several Kodiak Island Borough Assembly and
37 Planning and Zoning Commission public meetings and through other public forums (e.g.;
38 social media sites, local newspaper editorials, letters to the editor, etc.), numerous Kodiak
39 Island Borough residents have expressed their support for the keeping of chickens and
40 other animals useful to people in all residential zoning districts; and
41
42 WHEREAS, the Kodiak Island Borough Assembly recognizes that many residents rely
43 on the keeping of chickens and other animals to supplement their subsistence needs; and
44
45 WHEREAS, many municipalities across the country have recognized this need and have
46 amended their land use codes to allow the keeping of chickens and other animals useful to
47 people in low, medium, and high density residential zoning districts; and
48
Kodiak Island Borough, Alaska Ordinance No. FY2017-17
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49 WHEREAS, Kodiak Island Borough Code 17.205.010 provides that "Whenever the
50 public necessity, convenience, general welfare or good zoning practice requires, the
51 assembly may, by ordinance and after report thereon by the commission and public
52 hearing as required by law, amend, supplement, modify, repeal or otherwise change these
53 regulations and the boundaries of the districts"; and
54
55 WHEREAS, Kodiak Island Borough Code 17.205.030.A, allows the assembly to initiate
56 proposed amendments to the regulations of Title 17 (Zoning) of the Borough Code; and
57
58 WHEREAS, the Kodiak Island Borough Assembly has determined that a review of Title
59 17 (Zoning) of the Borough code should be conducted to investigate whether the public
60 necessity, convenience, general welfare, and good zoning practice would be enhanced by
61 amending the code to allow the keeping of chickens and other animals useful to people in
62 low, medium, and high density residential zoning districts; and
63
64 WHEREAS, the Kodiak Island Borough Assembly has determined that a temporary
65 moratorium should be placed on the enforcement of those sections of Title 17 (Zoning) of
66 the Borough code that prohibit the keeping of chickens and other animals useful to people
67 in low, medium, and high density residential zoning districts until such time that the
68 associated code review can be completed and recommended amendments be codified;
69 and
70
71 WHEREAS, the Kodiak Island Borough Assembly recognizes that noise created by
72 roosters has the potential to create a nuisance that may negatively impact the rights of
73 surrounding property owners in medium and high density residential zoning districts; and
74
75 WHEREAS, the Kodiak Island Borough Assembly recognizes that smaller lot sizes within
76 medium and high density residential zoning districts may not be capable of providing the
77 area required for the proper keeping of livestock (e.g.; cattle, sheep, swine, horses,
78 ponies, mules, and goats); and
79
80 WHEREAS, the Kodiak Island Borough Assembly has determined that the moratorium
81 should not apply to the enforcement of those sections of Title 17 (Zoning) of the Borough
82 code that prohibit the keeping of roosters and livestock in medium and high density
83 residential zoning districts.
84
85 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
86 BOROUGH that:
87
88 Section 1: This ordinance is not of a general and permanent nature and shall not
89 become a part of the Kodiak Island Borough Code of Ordinances.
90
91 Section 2: A temporary moratorium is hereby placed on the enforcement of those
92 sections of Title 17 (Zoning) of the Borough code that prohibit the keeping
93 of chickens and other animals useful to people in the RR -Rural Residential,
94 Rt -Single-family Residential, R2 -Two-family Residential, and R3 -Multi -
95 family Residential Districts.
96
97 Section 3: This temporary moratorium does not apply to the enforcement of those
98 sections of Title 17 (Zoning) of the Borough code that prohibit the keeping
Kodiak Island Borough, Alaska Ordinance No. FY2017-17
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99 of roosters and livestock in the R1 -Single-family Residential, R2 -Two-family
100 Residential, and R3 -Multi -family Residential Districts.
101
102 Section 4: By this ordinance, the assembly of the Kodiak Island Borough Initiates a
103 Planning and Zoning Commission review of Title 17 (Zoning) of the
104 Borough code to investigate whether the public necessity, convenience,
105 general welfare, and good zoning practice would be enhanced by amending
106 the code to allow the keeping of chickens and other animals useful to
107 people In low, medium, and high density residential zoning districts. The
108 review shall be conducted In accordance with the provisions of Chapter
109 17.205 (Amendments and Changes) of the Borough Cade and shall be
110 completed no later than eighteen (18) months from the date of approval of
III this ordinance.
112
113 Section 5: This temporary moratorium shall expire twenty-four (24) months from the
114 date of approval of this ordinance. Should the above review result in
115 amendments to Title 17 (Zoning) of the Borough Code that allow the
116 keeping of chickens and other animals useful to people in low, medium, and
117 high density residential zoning districts, the moratorium shall expire on the
118 date the amendments are coded.
119
120 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
121 THIS DAY OF 2016
122
123 KODIAK ISLAND BOROUGH
124
125
126
127 Jerrol Friend, Borough Mayor
128 ATTEST:
129
130
131
132 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2017-17
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AGENDA ITEM #2.A.
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Sections of Title 17 (zoning) of the Borough code applicable to
Ordinance No. FY2017-17
Chapter 17.15
GENERAL PROVISIONS AND USE REGULATIONS
17 15 020 Conformity with regulations required.
No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in
conformity with the provisions of this title for the district in which the building or land is located.
17.15.080 Uses Prohibited unless authorized.
Land uses not listed as a permitted use in a district are prohibited.
Chapter 17.25
DEFINITIONS
17.25.020 A definitions.
"Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or personal use,
of plants and animals useful to people.
Chapter 17.50
C— CONSERVATION DISTRICT
(Low density residential)
17.50.020 Permitted Principal uses and structures.
The following land uses and activities are permitted in the conservation district:
A. All of the permitted principal uses and structures in the NU natural use zoning district;
B. Agricultural activities and related structures, including commercial livestock grazing; with a written
conservation plan between the land owner or lease holder and the Kodiak soil and water conservation
district, In those areas historically established for livestock grazing consisting of the northeast portion of
Kodiak Island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek In Ugak
Bay, and including Chirikof Island and Sitkinak Island;
Chapter 17.60
RR2 — RURAL RESIDENTIAL TWO DISTRICT
(Low density residential)
17.60.020 Permitted uses.
The following land uses and activities are permitted in the rural residential two district:
A. Accessory buildings;
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Sections of Title 17 (zoning) of the Borough code applicable to
Ordinance No. FY2017-17
B. Agricultural buildings and activities;
Chapter 17.65
RR — RURAL RESIDENTIAL DISTRICT
(Low density residential)
17 65 020 Permitted principal uses and structures (agricultural activities not listed).
The fallowing land uses and activities are permitted in the rural residential district:
A. Single-family dwellings;
B. Vacation homes;
C. Bed and breakfasts; and
D. Hoop houses.
17 65 030 Permitted accessory uses and structures (agricultural activities not listedl.
A. Accessory buildings.
B. Home occupations.
C. Hoop houses.
17.65 040 Conditional uses laoricultural activities not listed).
The following land uses may be permitted by obtaining a conditional use permit in accordance with
Chapter 17.200 KIBC:
A. Fireworks stands; and
B. Recreational vehicle parks.
Chapter 17.70
RR1— RURAL RESIDENTIAL ONE DISTRICT
(Low density residential)
17.70.020 Permitted uses.
The following land uses are permitted In the rural residential one district:
A. Accessory buildings;
B. Agricultural buildings and activities;
Chapter 17.75
R1—SINGLE-FAMILY RESIDENTIAL DISTRICT
(Medium density residential)
17.75 020 Permitted uses (agricultural activities not listed).
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AGENDA ITEM #2.A.
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Sections of Title 17 (zoning) of the Borough code applicable to
Ordinance No. FY2017-17
The following land uses and activities are permitted in the single-family residential district:
A. Accessory buildings;
B. Churches;
C. Greenhouses;
D. Home occupations;
E. Parks and playgrounds;
F. Single-family dwellings; and
G. Hoop houses.
17 75 030 Conditional uses laericultural activities not listed).
The following land uses may be allowed by obtaining a conditional use permit in accordance with the
provisions of Chapter 17.200 KIBC:
A. Hospitals;
B. Schools;
C. Bed and breakfasts;
D. Vacation homes; and
E. Recreational vehicle parks.
Chapter 17.80
RZ —TWO-FAMILY O -FAMILY RESIDENTIAL DISTRICT
(Medium density residential)
17.80.020 Permitted uses faericultural activities not listed).
The following land uses are permitted in the two-family residential district:
A. Accessory buildings;
B. Beauty shops;
C. Churches;
D. Clinics;
E. Greenhouses;
F. Home occupations;
G. Hospitals;
H. Parks and playgrounds;
I. Professional offices;
J. Schools;
K. Single-family dwellings;
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Sections of Title 17 (zoning) of the Borough code applicable to
Ordinance No. FY2017-17
L. Two-family dwellings;
M. Vacation homes;
N. Bed and breakfasts; and
O. Hoop houses.
17.80.025 Conditional uses (agricultural activities not Iistedl.
The following land uses may be permitted by obtaining a conditional use permit in accordance with
Chapter 17.200 KIBC:
A. Mobile home parks.
B. Recreational vehicle parks.
Chapter 17.85
R3 — MULTIFAMILY RESIDENTIAL DISTRICT
(High density residential(
17.85 020 Permitted uses (agricultural activities not listed).
The following land uses are permitted in the multifamily residential district:
A. Accessory buildings;
B. Beauty shops;
C. Boardinghouses;
D. Churches;
E. Clinics;
F. Greenhouses;
G. Home occupations;
H. Hospitals;
I. Multifamily dwellings;
J. Parks and playgrounds;
K. Professional offices;
L. Schools;
M. Single-family dwellings;
N. Two-family dwellings;
0. Vacation homes;
P. Bed and breakfasts;
Q. Mobile home parks; and
R. Hoop houses.
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Sections of Title 17 (zoning) of the Borough code applicable to
Ordinance No. FY2017-17
17 g5 025 conditional uses laericultural activities not listed).
The following land use may be permitted by obtaining a conditional use permit in accordance with
Chapter 17.200 KIOC:
A. Recreational vehicle parks.
Chapter 17.205
AMENDMENTS AND CHANGES
17.205.010 Authority.
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.
27.205.020 Report from Planning and zoninff commission.
The commission shall report in writing to the assembly on any proposed change or amendment
regardless of the manner In which such change is Initiated and such report shall find:
A. Findings as to need and justification for a change or amendments;
R. Findings as to the effect a change or amendment would have on the objectives of the comprehensive
plan; and
C. Recommendations as to the approval or disapproval of the change or amendment.
17.205.030 Manner of initiation.
Changes in this title may be Initiated in the following manner:
A. The assembly upon Its own motion;
Chapter 17.210
ENFORCEMENT, PENALTIES AND REMEDIES
Sections:
17.210.010 Administrative enforcement action.
17.210.020 Administrative Inspections.
17.210.030 Penalties and remedies.
• For provisions authorizing the assembly to prescribe penalties for violation of codified ordinances
not to exceed a fine of $500.00 and Imprisonment for 30 days, see AS 29.25.070.
17.210.010 Administrative enforcement action.
A. The zoning officer may order:
1. The discontinuation of unlawful uses of land or structures;
2. The removal or abatement of unlawful structures, or any unlawful additions or alterations thereto;
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Sections of Title 17 (zoning) of the Borough code applicable to
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3. The discontinuation of construction or other preparatory activity leading to an unlawful structure
or an unlawful use of a land or structure;
4. When necessary to ensure compliance with this title, the suspension or revocation of building
permits, variances, or other borough land use entitlements.
B. Upon complaint by a citizen, or upon his own initiative, the zoning officer may, after Investigation,
Initiate criminal proceedings against any person for the violation of this title. Except for prosecutions
for falling to comply with an order issued under subsection A of this section, the zoning officer shall
give at least 30 days' written notice of intent to prosecute, and may Initiate criminal proceedings only
If the violation is not cured within the notice period.
17.210.020 Administrative inspections.
In accordance with this section, the zoning officer may make inspections necessary to enforce the
provisions of this title. When the zoning officer has reasonable cause to believe that in any building or
on any premises there exists any violation of this title, he may enter such building or premises at any
reasonable time to Inspect the same or perform any of his duties under this title; provided, that where
the Constitution of the United States or the state of Alaska requires that the zoning officer obtain a
search warrant before making an Inspection, he shall not make the Inspection until authorized to do so
by a search warrant Issued by a court of competent jurisdiction.
17.210.030 Penalties and remedies.
A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or any
term or condition of a conditional use, variance or other entitlement Issued under this title, is guilty of a
misdemeanor and upon conviction Is punishable by a fine of not more than $300.00, in addition to the
surcharge required to be Imposed under A512.55.039.
B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring
a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), or any tens
or condition of a conditional use, variance or other entitlement Issued under this chapter; or to obtain
damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this
section may be brought notwithstanding the availability of any other remedy. Upon application for
injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the
violation.
C. Each act or condition violating this title, any order Issued under KIBC 17.210.010(A), or any term or
condition of a conditional use, variance, or other entitlement Issued under this title, and each day during
which the act or condition exists, continues or is repeated shall be a separate and distinct violation.
D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other
penalty provided for in state law or any civil remedy available to the borough.
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KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow
(*Note: these recommendations will be provided to the Planning and Zoning Commission
for consideration during their review)
Proposed Code Revisions
To allow the raising of chickens and livestock for personal use amend the following sections
17.15.060 Zoning compliance.
Zoning compliance is required for site grading (excavation and fill), erection,
construction, establishment, moving, alteration, enlargement, repair, or conversion of
anybuildingor structure in any district established by this title, subject to the following:
A. An application for zoning compliance will be filed with the community development
department on a form provided by the department. If the application meets the
requirements of this title, as verified in the department, and other applicable regulations,
a permitwill be issued. An as -built of the property maybe required to ensure that
applicable requirements can be met, when existing structures are located on the
property. Any zoning compliance permit issued is subject to the same expiration,
suspension, and revocation provisions as a building permit issued for the same
construction project (See Uniform Building Code Section 303(d) and (e), as currently
adopted under KIBC 15.05.020).
B. In all cases where the commission or the board of adjustment has granted a variance to this
title, the department will issue zoning compliance to allow the building work to be done in
accordance with the decision, except that no permit will be issued following the granting of a
variance until the time for filing an appeal has expired and it is verified that no appeal has been
filed.
C. No building permit shall be issued by a building official until the community development
department has verified from the application for zoning compliance for a proposed building
that it conforms and will be occupied for a use in conformity with the provisions and
regulations of this title, except that this provision shall not apply to building permits for
residential structures when no yard or height changes are involved. Any building permit issued
in conflict with this title is null and void.
D. A detached accessory structure or a use that is accessory to a single-family use: however, a
detached accessory structure less than 200 square feet in area is exempt from this section.
17.25.020 A de finitl ws.
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KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow
(*Note: these recommendations will be provided to the Planning and Zoning Commission
for consideration during their review)
"Agricultural activities" means the production, keeping, or maintenance, for
sale, lease, or personal use, of plants and animals useful to people.
"Airport elevation" means the established elevation of the highest point of the usable
landing
area.
Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly
Lake.
Airport, Utility. "Utility airport" means any airport in the borough designed and/or
constructedto serve aircraft in approach categoryA(speed less than 91 knots).
"Alley" means a public way designed and intended to provide only a secondary means of
access to any property abutting thereon.
"Alteration" means any change, addition, or modification in the construction, location, or
use classification.
"Animal"
A. Domesticated animal and pets Any animal customarily kept for companionship
including but not limited to dogs cats birds fish rabbits ferrets, gerbils. hamsters.
turtles and similar. Domestic pets include chickens (no roosters). ducks, or rabbits.
B. Exotic wild or vicious animal Any species of animal not considered domestic or
livestock including but not limited to alligators badgers, bears beavers bobcats,
cheetah cougars coyotes hawks iaguars, kangaroos. lions, lynx, monkeys, mink.
opossums owls porcupines Prairie does raccoons skunks tigers wolverines_
wolves wild hybrids or the offspring of any animals that have been bred to a wild
animal poisonous and nonpoisonous reptiles spiders insects and endangered
species.
C. Livestock Horses ponies donkeys and similar equine, cattle bison deer, elk sheen
goats llamas and similar ruminants and cervidae swine yaks poultry and fowl (other
than domestic chickens or ducks) if allowed in the zonine district) and other domestic
animals usually, but not always kept or raised on a farm Domesticated animals or pets
and exotic wild or vicious animals shall not be considered livestock.
Apartment House. For "apartment house," see "Dwelling, multiple -family,"
KIBC 17.25.050.
"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
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AGENDA ITEM #2.A.
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KIBC Title 17 (Zoning) Amendments Recommended by Assombly Member Crow
('Note: these recommendations will be provided to the Planning and Zoning Commission
for consideration during their review)
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 maybe 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.
"Automobile wrecking" means the dismantling of used motorvehicles or trailers or the
storage orsale of parts from dismantled or partially dismantled, obsolete, orwrecked
vehicles. [Ord. 93-66 §3, 1993; Ord. 87-09-0 §§3,5, 6, 1987; prior code Ch. 5 subch. 2
§913. Formerly
§§17.06.011-17.06.050].
17.160.020 Definition.
"Accessory building" means:
A. A detached building, the use of which is appropriate, subordinate and customarily
Incidental to that of a main building, located on the same lot as the main building and
which is not designed or intended to be used for living or sleeping purposes.
B. An accessory building shall be considered to be a part of the main building when
joined to the main building by a common wall not less than four feet long or by a
roofed passageway which shall not be less than eight feet in width.
C. Any structure, regardless of type of foundation or base support, including skid -
mounted or other movable structure that also requires a building permit for
construction (for example, structures where the pFejeeted F99f aFea ___....Fig "^
square -feet structure foot Print exceeds 200 square feet).A minor structural
development that does not require a building permit is not regulated by this chapter.
D. A nonmotorized container van when used for the sole purpose of storing emergency
response equipment in the Kodiak Island Borough and not placed on a permanent
foundation.
[Ord. 2001-01 §2,
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KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow
('Note: these recommendations will be provided to the Planning and Zoning Commission
for consideration during their review)
17.160.030 Permitted districts.
A. Accessory buildings are permitted in all land use districts that specifically allow for
them.
sametime _..a _ ti d4Rg..,.FM't _-..6.. ,.a f,..- F -e islence, The
following accessory structures are Permitted on lots used and zoned for residential uses:
1. Attached or detached garages
2. Storage sheds or other detached storage buildings
3. Accessory greenhouses
4. Hoop houses
5.Banvas
6. Smokehouses
7. Porches decks balconies, and ADA access ramps
8. Hot tubs
9. Livestock shelters where permitted, subiect to KIBC 17
10 Similar accessory structures approved by the department
C. An accessory building as defined by KIBC 17.160.020(D) is permitted in all zoning
districts with authorization from the local municipality and issuance of a zoning
compliance permit.
17.161 Domesticated Animals, Pets & Itvestock for Personal use
D. in the R-1 R-2 and R-3 zoning districts up to five dogs cats or other domestic animals
ed six months or older are permitted provided that the animals are not kept for
commercial Purposes In the RR -1 RR -2 CR -2 CR -5 PRC and V zoning districts, up to ten
domesticated animals are permitted provided that the animals are not kept for commercial
purposes.
E. Chickens Ducks and Rabbits No more than twelve chickens. ducks, or rabbits or any
combination up to twelve shall be allowed per lot in the R-1 R-2 or R-3 zoning districts,
subject to the following requirements:
Page 16 of 72
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AGENDA ITEM #2.A.
Page 17 of 72
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KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow
(-Note: these recommendations will be provided to the Planning and Zoning Commission
for consideration during their review)
• A fence or other structure which is adequate to contain the animals. their waste, and
litter shall be maintained at all times.
• Adequate measures shall be taken to properly dispose of animal wastes and litter.
• The presence of these animals does not create undue noise or odors such as would
create a nuisance or diminish the residential nature of the neighborhood.
• Hen houses coops hutches and chicken tractors shall be restricted to the backyard
area of the lot.
• Any chicken coops chicken tractors or rabbit hutches shall be setback at least 10' from
side and rear oroperty Ines and five feet from other structures, including decks.
• Keeping chickens ducks and rabbits as domesticated animals or Pets within the City of
Kodiak is regulated by Chapter 7.04 Kodiak City Code.
• Keeping chickens ducks and rabbits as domesticated animals or pets outside of the
City of Kodiak is also regulated by Chapter 6.04 KIBC.
F. Livestock shall be raised and kept for personal use only. Any food, fur, or other products shall
be kept used or consumed by the family residing on the same Property. This shall not be
construed to prevent the private sale of products such as eggs milk. wool etc which are
Produced in volumes greater than that which can be reasonably expected to be used or
consumed by the family nor shall it orevent the sale of animals born to livestock kept for
personal use provided that livestock are not kept for commercial breeding or other
commercial Purposes.
1. Animals kept for livestock must be completely enclosed in a fenced area that is of
suitable height and construction to contain the animals, subiect to the requirements
of KIBC 17 140 090. A low- voltage electrified fence is permitted. sublect to the
following:
a. Voltage shall not exceed 10,000 volts in Pulses. Fences and charging systems must
meet UL and federal safety standards.
b. The electrified fence shall display warning signs mounted on the fence every 40
feet or less.
2. All waste including manure, shall be managed so there are no unsanitary or unsafe
conditions.
s. Any agricultural building used to shelter livestock shall be considered an accessory
structure and must at minimum. be a rigid structure designed to withstand normal
wind and snow loads.
Page 17 of 72
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AGENDA ITEM #2.A.
Page 18 of 72
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KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow
('Note: these recommendations will be provided to the Planning and Zoning Commission
for consideration during their review)
4. Horses and other equine and cattle and other bovine with a mature animal weight of
55 pounds or greater may not be raised on a lot less than 20,000 square feet in area.
There is no minimum lot area for other types of livestock.
5. Keeping of livestock shall comply with KIBCTitle 6. Animals and any applicable state
and federal requirements.
6. The requirements of this section do not apply to permitted commercial agricultural
operations.
Page 18 of 72
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AGENDA ITEM #2.A.
Page 19 of 72
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Judy Hamilton - CE!VEC1
3946 Woodland Drive i
Kodiak, AK 99615 i AUG 18 2016
judehamiltan@hotmail.com '
907654-4666 tiHaicH �u, •g rXJ cs
KanNK•AIAam
August 18, 2016
The Honorable Jarrell Friend, Borough Mayor of Kodiak Island
And Members of the Kodiak Island Borough Assembly
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Dear Mayor Friend and Members of the Borough Assembly:
I am writing out of concern for some friends and neighbors who have recently been served
notice of apparent violations of some Title 17 Borough codes regarding the keeping and
housing of livestock, namely chickens. I understand that these are codes that persist from the
tabled revision process of a couple of years ago, a process that stalled because of a vocal
populace who, among other things, did not agree that the number of chickens allowed In some
Kodiak neighborhoods should be governed by the Borough. As a result of public outcry and the
subsequent tabling of the revision process, we were left with old rules that apparently prohibit
the keeping of any number of chickens or any animals considered livestock in zones near the
city other than RRS. While I applaud the Borough's previous efforts revising code to include the
construction and use of hoop houses virtually anywhere on the Island, I feel that the total
exclusion of livestock unnecessarily and unfairly limits the ability of citizens to live sustainably.
It goes without saying that, as an island community, we are necessarily more limited In the
availability of fresh food than the more connected communities on the mainland and the rest of
the country. It is not uncommon, especially during winter, for Safeway shelves to be nearly bare
of perishables, Including eggs and dairy. We choose to live here for the abundant resources
outside our door, available to those of us willing to acquire them: game, fish, berries galore. My
work Includes the feeding of my family, friends, and neighbors directly through the Kodiak
Bounty Cooperative, through the Kodiak Farmer's Market, and in the sharing and trading of the
fruits of my labors elsewhere in the community. I am also directly connected to the sharing of
Information and teaching of skills to community members through the 4H Garden Club and
Small Animals Club and through the Strawberry Fields Garden Center. My passion is In assisting
and enabling everyone 1 can In learning how to provide for themselves, be It gardening or
animal husbandry, food growing or preservation. These are skills I believe to be essential to
responsible living on this earth and, I would argue, are key to real social security: If as many of
us as possible are individually able to provide for ourselves, and have skills complementary to
our neighbors', we are able to care for each other in any situation, whether temporary or
otherwise. I am heartened dally by the surge of Interest I see within our Isolated community,
Page 19 of 72
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AGENDA ITEM #2.A.
Page 20 of 72
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both in adults and children, to gain these skills. We are all better off Ina resilient community
that can only be created by us all.
To prevent our people, therefore, from taking the initiative and responsibility for their own
feeding is to deny them very basic rights, and is especially ironic In an economically challenged
community such as we have here in Kodiak. In some cases, our neighbors depend on the
reflabTe protein source that Is their flock of chickens for their family's sustenance and as
Income. There is no more deplorable message to send to a child than one of their government,
here to serve and protect them, Instead depriving them of such a right. There are children right
now in this community threatened by this outdated and senseless rule, whether by losing their
beloved pets and their small businesses, or by losing a treasured food source. This is the wrong
message and is just plain bad for our community.
I Implore you to revise Title 17 to allow the keeping of livestock in all zones requisite on the
residents' following responsibly established guidelines. If the concern is one of noise, enforce
the noise ordinance. If It Is one of eyesore or smell, provide guidelines for aesthetics that a
responsible homeowner or resident can conceivably follow. Make it possible for those of us
actively striving to make our community as livable and attractive as possible to continue our
work and to keep Kodiak the gem It is. I am available to assist in this process in whatever way
possible. Invest in the security of our island community and strive to help rather than hurt
those willing to use their Initiative, time, and energy to Improve their lives.
Sincerely,
d k
_
i•l
Judy Hamilton
Page 20 of 72
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AGENDA ITEM #2.A.
Page 21 of 72
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Irk ♦. 11• ��•/!l,'I r' - y I w•. /.•! /.i ..�
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Page 21 of 72
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AGENDA ITEM #2.A.
Page 22 of 72
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R4a-5R 10
_
i--
q?j- gS-LA- 7518,
L'
4o7 -G s y-��lao
�rnnE, Y�,lk� 907-830-1f��
i
Page 22 of 72
Discussion Regarding Commission's Current Activities such as...
AGENDA ITEM #2.A.
F.: t7�a�a$13Dsra
To: Oaks
sableat Mnd,,reF Ixr 12,2D6&Uh [s aQuesdvrs
DaOe: FloriEay, SrytnnW l2, 2D369:D3:]D Mt
The following comments came via the website
From: noreply@dvicplus.mm [mallto:noheply@dvicplus.com]
Sent Sunday, September 11, 2016 12:07 PM
To: Meagan Christiansen
Subject• Online Fonn Submittal: Comments & Questions
Comments & Questions
Please complete the online forth below to submit your comments.
Contact Information
Name:
Address:
City: —
State: - -�
Zip:
Home Phone Number:
Daytime Phone Number:
Email Address:
Comments & Questions:
Christine Forth
12433 S. Russian Crk Re
Kodiak
AK
99615
907-539-1614
Field not completed.
—
b llsflahcouI rytahoo mm
I am writing to the Borough Assembly requesting that they put a
moratorium on enforcing the cunenl codes of poultry and
livestock until P&Z has a chance to change mem to reflect what
the public wants In the codes.
Page 23 of 72
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AGENDA ITEM #2.A.
Page 24 of 72
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Laurie Pardoe
From: Elam White <strawbenyfields@gcmeb
Sent: Monday, September 12, 2016 7:19 PM
To: Nova Javier
Subject: FW: Kodiak Farm Bureau livestock issue
Attachments: Letter to KIB re poultry on R1, R2. R3 lots.dooc
Here it Is Nova.
From: Elam White rmaltto:strawbenvfieldsOad.netl
Sent: Monday, September 12, 2016 8:43 AM
To: 'njavler@kodiakak.us'
Cc: Barbara Hoedel; Brian Himeibloom; Chris Flickinger; Christine Ford ; Duncan Fields; Esley Ottesen
(eslevcacomcast.net); Frank Bishop; Joe Dinnocewo; Kathy Burton; Made Rice; Mark & Joan Levenson; Mia Ottesen;
Paulette Selkirk; Roberta Vennel; Todd Dorman
Subject: Kodiak Farm Bureau livestock Issue
Nova,
Please find & forward to the Assembly members the attached letter regarding current issues with livestock.
Sincerely,
Lorne White
Kodiak Farm Bureau
t
Page 24 of 72
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AGENDA ITEM #2.A.
Page 25 of 72
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Date: September 12, 2016
"fo: Kodiak Island Borough Assembly
From: Lome White
President, Kodiak Farm Bureau
Subject: Borough Code issues on RI, R2 and R3 lots with domestic livestock.
The Kodiak Farm Bureau is an advocate of individuals raising birds and other livestock
for personal and farm use. We support the concept of food security for our community as a
significant component of our well being. Many people supplement their diet and income with
poultry, livestock, fish and game. It is an integral part of who we are as island people.
We are concerned that Kodiak Island Borough (KIB) staff have a bias against livestock of
all types in this community. We were left with this observation after many work sessions on the
late defunct "Comprehensive Plan". While the plan has died, staff remains - - and so does their
bias against livestock.
We request that you put a moratorium on code changes regarding poultry and livestock
and that you direct staff to focus on public safety enforcement only under animal control.
Page 25 of 72
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AGENDA ITEM #2.A.
Page 26 of 72
Discussion Regarding Commission's Current Activities such as...
Laurie Pardoe
From: Corinne Ferre <corinne@kodiaksoilandwatecorg>
Sent: Tuesday, September 13, 2016 11:41 AM
To: Carol Austerman; Frank Peterson, Jr.; Aaron Griffin; Chris Lynch
Cc: Blythe Brown; Nova Javier
Subject: KSWCD letter concerning chickens
Attachments: KSWCD letter concerning chickens.pdf.pdf
Hello Nova,
Here's a letter written by the Kodiak Soil and Water Conservation District in regard to zoning Rl, R2 and R3 lots for
chickens.
Thank you, Corinne
Corinne Estelle Ferre'
co ri nn eP kodiaksoi I a ndwater.ore
907-486-5574
t
Page 26 of 72
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AGENDA ITEM #2.A.
Page 27 of 72
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ilKodiak Soil & Water Conservation District
519 WV Nt Marine Way. Suite 206. Kodiak. Alaska 9961., (907) 486-5574
September 12, 2016
Dear Kodiak Island Borough Assembly,
The Kodiak Soil and Water Conservation District (KSWCD) is writing in response to the
recent Issue concerning chickens on R1. R2, and R3 lots.
The KSWCD is in favor of individuals raising chickens and other livestock for personal
and farm use. Kodiak residents have been supplementing their diel with poultry (eggs
and meat) and livestock for many years; we do not want to see this stopped. This issue
affects more than just the people living on the R1. R2, and R3 lots that raise poultry; it
also affects the customers that buy their extra eggs.
KSWCD supports ordinance FY2017-17 which places a temporary moratorium on
enforcement of those sections of Title 17 of the Borough Code that prohibit the keeping
of chickens and other animals useful to people. We request this moratorium stay in
place until such time that Planning & Zoning has time to listen to public input and set up
codes that meet the needs of the people of Kodiak in raising their own poultry and
livestock.
We recommend the revised codes focus on management of the poultry and livestock,
i.e. odor, sound, maintenance, neglect etc. rather than a specific number of animals,
These codes should be enforced under Animal Control.
Thank you for your time.
Sincerely,
� rr
Acf") Os-t�;/- 016r—s e, -(-, ,
Kodiak Soil and Water Conservation District Board of Supervisors
Page 27 of 72
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WIM16
AGENDA ITEM #2.A.
Alaska Staines 2015
Chapter 29.40 PLANNING, PLATTING, AND LAND USE REGULATION
Sec. 29.40.010. Planning, platting, and land use regulation.
(a) A first or second class borough shalt provide for planning,
platting, and Land use regulation on an areawide basis.
(b) If a city in a borough consents by ordinance, the assembly may
by ordinance delegate any of its powers and duties under this chapter
to the city. The assembly may by ordinance, without first obtaining
the consent of the city, revoke any power or duty delegated under this
section.
Sec. 29.40.020. Planning commission.
(a) Each first and second class borough shall establish a planning
commission consisting of five residents unless a greater number is
required by ordinance. Commission membership shall be apportioned so
that the number of members from home rule and first class cities
reflects the proportion of borough population residing in home rule and
first class cities Located in the borough. A member shalt be appointed
by the borough mayor for a term of three years subject to confirmation
by the assembly, except that a member from a home rule or first class
city shall be selected from a list of recommendations submitted by the
council. Members first appointed shall draw lots for one, two, and
three year terms. Appointments to fill vacancies are for the unexpired
term. The compensation and expenses of the planning commission and its
staff are paid as directed by the assembly.
(b) In addition to the duties prescribed by ordinance, the planning
commission shall
Cl) prepare and submit to the assembly a proposed comprehensive
plan in accordance with AS 29.40.030 for the systematic and organized
development of the borough;
(2) review, recommend, and administer measures necessary to
implement the comprehensive plan, including measures provided under AS
29.40.040.
Sec. 29.40.030. Comprehensive plan.
(a) The comprehensive plan is a compilation of policy statements,
goals, standards, and maps for guiding the physical, social, and
economic development, both private and public, of the first or second
class borough, and may include, but is not limited to, the following:
(1) statements of policies, goals, and standards;
(2) a Land use plan;
(3) a community facilities plan;
(4) a transportation plan; and
(5) recommendations for implementation of the comprehensive
plan.
(b) With the recommendations of the planning commission, the
assembly shall adopt by ordinance a comprehensive plan. The assembly
shall, after receiving the recommendations of the planning commission,
periodically undertake an overall review of the comprehensive plan and
update the plan as necessary.
Sec. 29.40.040. Land use regulation.
(a) In accordance with a comprehensive plan adopted under AS_
29.40.030 and in order to implement the plan, the assembly by ordinance
shalt adopt or amend provisions governing the use and occupancy of Land
that may include, but are not Limited to,
Cl) zoning regulations restricting the use of land and
improvements by geographic districts;
(2) Land use permit requirements designed to encourage or
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discourage specified uses and construction of specified structures, or
to minimize unfavorable effects of uses and the construction of
structures;
(3) measures to further the goals and objectives of the
comprehensive plan.
(b) A variance from a land use regulation adopted under this section
may not be granted if
Cl) special conditions that require the variance are caused by
the person seeking the variance;
(2) the variance will permit a Land use in a district in which
that use is prohibited; or
(3) the variance is sought solely to relieve pecuniary hardship
or inconvenience.
Sec. 29.40.050. Appeals from administrative decisions.
(a) By ordinance the assembly shalt provide for an appeal from an
administrative decision of a municipal employee, board, or commission
made in the enforcement, administration, or application of a Land use
regulation adopted under this chapter. The assembly may provide for an
appeal to a court, hearing officer, board of adjustment, or other body.
The assembly shall provide for an appeal from a decision on a request
for a variance from the terms of a Land use regulation when Literal
enforcement would deprive a property owner of rights commonly enjoyed
by other properties in the district.
(b) By ordinance the assembly may provide for appointment of a
hearing officer, or for the composition, appointment, and terms of
office of a board of adjustment or other body established to hear
appeals from administrative actions. The assembly may define proper
parties and prescribe evidentiary rules, standards of review, and
remedies available to the hearing officer, board of adjustment, or
other body.
Sec. 29.40.060. Judicial review.
(a) The assembly shall provide by ordinance for an appeal by a
municipal officer or person aggrieved from a decision of a hearing
officer, board of adjustment, or other body to the superior court.
(b) An appeal to the superior court under this section is an
administrative appeal heard solely on the record established by the
hearing officer, board of adjustment, or other body.
Sec. 29.40.070. Platting regulation.
By ordinance the assembly shall adopt platting requirements that may
include, but are not limited to, the control of
Cl) form, size, and other aspects of subdivision, dedications,
and vacations of land;
(2) dimensions and design of lots;
(3) street width, arrangement, and rights-of-way, including
requirements for public access to lots and installation of street
paving, curbs, gutters, sidewalks, sewers, water Lines, drainage, and
other public utility facilities and improvements;
(4) dedication of streets, rights-of-way, public utility
easements and areas considered necessary by the platting authority for
other public uses.
Sec. 29.40.080. Platting authority.
(a) The assembly by ordinance shall establish a platting authority
to administer subdivision regulations and to perform other duties as
required by the assembly. The platting authority may consist of members
of the planning commission or of other municipal residents.
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AGENDA ITEM #2.A.
9212016 Alaska SlaIWea 2015
(b) The assembly may by ordinance provide for an administrative
official to act as the platting authority with regard to abbreviated
plats.
Sec. 29.40.090. Abbreviated plats and waivers.
(a) Notwithstanding other provisions of this chapter, the assembly
shalt by ordinance establish an abbreviated plat procedure for a plat
that will
(1) subdivide a single Lot into not more than four Lots;
(2) provide Legal and physical access to a public highway or
street for each Lot created by the subdivision;
(3) not contain or require a dedication of a street, right-of-
way, or other area;
(4) not require a vacation of a public dedication of land or a
variance from a subdivision regulation.
(b) The platting authority shall waive the preparation, submission
for approval, filing, and recording of a plat on satisfactory evidence
that the subdivision meets the requirements of (a) of this section and
each Lot created by the subdivision is five acres or Larger.
Sec. 29.40.100. Information required.
A plat most show
(1) initial point of survey;
(2) original or reestablished
(3) actual traverse showing ar
angles, and calculations required to d
and distances of the plat; and
(4) other information that may
corners and their descriptions;
ea of closure and all distances,
etermine initial point, corners,
be required by ordinance.
Sec. 29.40.110. Plat procedure.
(a) The platting authority shall approve or disapprove a plat within
60 days after it is filed, or shall return it to the applicant for
modification or correction. unless the applicant for plat approval
consents to an extension of time, the plat is considered approved and a
certificate of approval shall be issued by the platting authority on
demand if the platting authority fails to act within 60 days.
(b) The platting authority shalt state in writing its reasons for
disapproval of a plat. If the platting authority approves a plat, the
plat shall be acknowledged, filed, and recorded in accordance with AS
40.15.010 - 40.15.020.
Sec. 29.40.120. Alteration or replat petition.
A recorded plat may not be altered or replatted except by the platting
authority on petition of the state, the borough, a public utility, or
the owners of a majority of the Land affected by the alteration or
replat. A platted street may not be vacated, except on petition of the
state, the borough, a public utility, or owners of a majority of the
land fronting the part of the street sought to be vacated. The
petition shall be filed with the platting authority and shall be
accompanied by a copy of the existing plat showing the proposed
alteration or replat.
Sec. 29.40.130. Notice of hearing.
The platting authority shall fix a time for a hearing on an alteration
or replat petition that may not be more than 60 days after the petition
is filed. Notice shall be published by the platting authority stating
when and by whom the petition was filed, its purpose, and the time and
place of the hearing. The notice must generally describe the
alteration or replat sought. The platting authority shall also mail a
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AGENDA ITEM #2.A.
921=6 Alaska St-AuWs 2015
copy of the notice to each affected property owner who did not sign the
petition.
Sec. 29.40.140. Hearing and determination.
(a) The platting authority shall consider the alteration or reptat
petition at a hearing and make its decision on the merits of the
proposal.
(b) Vacation of a city street may not be made without the consent of
the council. Vacation of a street in the borough area outside aLL
cities may not be made without the consent of the assembly. The
governing body shall have 30 days from the decision of the platting
authority in which to veto a vacation of a street. If no veto is
received by the platting authority within the 30 -day period, consent is
considered to have been given to the vacation.
Sec. 29.40.150. Recording.
If the alteration or replat is approved, the revised plat shall be
acknowledged, filed, and recorded in accordance with AS 40.15.010 -
40.15.020.
Sec. 29.40.160. Title to vacated area.
(a) The title to the street or other public area vacated on a plat
attaches to the lot or Land bordering the area in equal proportions,
except that if the area was originally dedicated by different persons,
original boundary Lines shall be adhered to so that the street area
that Lies on one side of the boundary line shall attach to the abutting
property on that side, and the street area that Lies on the other side
of the boundary line shall attach to the property on that side. The
portion of a vacated street that lies inside the limits of a platted
addition attaches to the lots of the platted addition bordering on the
area. If a public square is vacated, the title to it vests in a city
if it Lies inside the city, and in the borough if it Lies inside the
borough but outside all cities. If the property vacated is a Lot, title
vests in the rightful owner.
(b) If the municipality acquired the street or other public area
vacated for Legal, consideration or by express dedication to the
municipality other than as a subdivision platting requirement, before
the final act of vacation the fair market value of the street or public
area shall be deposited with the platting authority to be paid to the
municipality on final vacation.
(c) The provisions of (a) and (b) of this section apply to home rule
and general Law municipalities.
(d) The council of a second class city located outside a borough may
vacate streets, alleys, crossings, sidewalks, or other public ways that
may have been previously dedicated or established when the council
finds that the streets, alleys, crossings, sidewalks, or other public
ways are no longer necessary for the public welfare, or when the public
welfare will be enhanced by the vacation. If the council determines
that aLL or a portion of the area vacated under this subsection should
be devoted to another public purpose, title to the area vacated and
held for another public purpose does not vest as provided in (a) of
this section but remains in the city.
Sec. 29.40.170. Delegations.
The planning commission and the platting authority may, as authorized
by ordinance, delegate powers to hear and decide cases under this
chapter, including, but not limited to, delegations to
Cl) one or more members of the planning commission or platting
authority;
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92,120,5
AGENDA ITEM #2.A.
Alavke StAulss 2715
(2) other boards or commissions;
(3) a hearing officer designated by the planning commission or
platting authority.
Sec. 29.40.180. Prohibited acts; criminal penalties.
(a) The owner of Land located in a subdivision may not transfer,
sell, offer to sell, or enter into a contract to sell Land in a
subdivision before a plat of the subdivision has been prepared,
approved, filed, and recorded in accordance with this chapter. A
person may not file or record a plat or other document depicting
subdivided Land in a public recorder's office unless the plat or
document has been approved by the platting authority.
(b) For the violation of a provision of this chapter, a subdivision
regulation adopted under this chapter, or a term, condition, or
Limitation imposed by a platting authority in the exercise of its
powers under this chapter, a municipality may by ordinance prescribe a
penalty not to exceed a fine of $1,000 and imprisonment for 90 days.
Sec. 29.40.190. Civil remedies and penalties.
(a) The municipality or an aggrieved person may institute a civil
action against a person who violates a provision of this chapter, a
subdivision regulation adopted under this chapter, or a term,
condition, or Limitation imposed by a platting authority. In addition
to other relief, a civil penalty not to exceed $1,000 may be imposed
for each violation. An action to enjoin a violation may be brought
notwithstanding the availability of any other remedy. Upon application
for injunctive relief and a finding of a violation or threatened
violation, the superior court shall grant the injunction.
(b) Each day that an unlawful act or condition continues constitutes
a separate violation.
Sec. 29.40.200. Subdivisions of state land.
(a) The subdivision requirements adopted under this chapter apply to
a subdivision plat of undeveloped state Land for disposal under AS
38.05 or AS 38.08 filed with the platting authority. Subdivision
ordinances and regulations adopted after the platting authority is
notified by the commissioner of natural resources of a proposed sale of
subdivided state Land under AS 38.05 or AS 38.08 do not apply to the
state land in the proposed sale.
(b) The platting authority shall approve and sign a subdivision plat
of state land within 60 days after its receipt from the commissioner of
natural resources unless the platting authority
Cl) determines that the plat does not comply with subdivision
requirements; and
(2) notifies the commissioner of each determination of
noncompliance within the 60 -day period established in this subsection.
(c) The commissioner of natural resources may withdraw the
subdivision plat and amend it in response to the determination of
noncompliance by the platting authority under (b) of this section. The
platting authority shall respond within 30 days to the amendment or
response from the commissioner of natural resources.
(d) Nothing in this section relieves the Department of Natural
Resources of its obligations to provide Legal access to a subdivision.
(e) This section applies to home rule and general Law
municipalities.
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WrWK41.
Chapter 17,195 VARIANCES
Chapter 17.195
VARIANCES
Sections:
Effective dale.
17.195.010
Authority and purpose.
17.195.020
Application.
17.195.030
Investigation.
17.195.040
Public hearing and notice.
17.195.050
Approval or denial.
17.195.060
Conditions.
17.195.070
Effective dale.
17.195.080
Cancellation.
17.195.090
Appeals.
17.195.100
Stay pending appeal.
17.195.010 Authority and purpose.
AGENDA ITEM #2.A.
The commission shall review and act upon applications for variances. Variances are provided for by this
chapter for the purpose of relaxing zoning district requirements in special circumstances. [Ord. 83-40-0
§3, 1983. Formerly §17.66.0101.
17.195.020 Application.
An application for a variance may be filed by a property owner or his authorized agent. The application
shall be made on a form provided by the community development department and accompanied by the
required fee and site plan. All applications shall he available for public inspection. [Ord. 83-40-0 §3,
1983. Fornedy §17.66.0201.
17.195.030 Investigation.
An investigation of the variance request shall be made and a written report provided to the commission
by the community development department. The findings required to be made by the commission shall
be specifically addressed in the report. [Ord. 83-40-0 §3, 1983. Fornedy §17.66.030].
17.195.040 Public hearing and notice.
The commission shall hold a public hearing on each properly submitted application for a vadancewithin
50 working days after the dale of the next available meeting agenda deadline. The applicant shall be
notified of the date of such hearing. The community development department shall send to each owner
of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land
described in the application, notice of the time and place of the public hearing, a description of the
property involved, Its street address, and the action requested by the applicant. For the purposes of this
chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall
also be provided in accordancewith stale law by legal publication in local newspapers. [Ord. 04-07 §4,
2004; Ord. 83-40-0 §3, 1983. Formerly §17.66.040].
17.195.050 Approval or denial.
Within 40 days after the filing of an application, the commission shall render Its decision, unless such
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9=16
AGENDA ITEM #2.A.
Chapter 17.195 VARIANCES
time limit has been extended by common consent and agreement of the applicant and the Commission.
A. Approval. If it is the finding of the commission, after consideration of the investigator's report and
receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate
conditions or restrictions, meets all of the fallowing, the variance shall be granted:
1. That them are exceptional physical circumstances or conditions applicable to the property or to
its intended use or development which do not apply generally to other properties in the same land
use district;
2. That the strict application of the provisions of this title would result in practical difficulties or
unnecessary hardship;
3. That the granting of the variance will not result in material damage or prejudice to other
properties in the vicinity nor be detrimental to the publics health, safely or general welfare;
4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan;
5. That actions of the applicant did not cause special Conditions or financial hardship or
inconvenience from which relief is being sought by a variance; and
6. That granting the variance will not permit a prohibited land use in the district involved
B. Denial. If the commission finds, after consideration of the investigator's report and receipt of
testimony at the public hearing, that it cannot make all of the required findings in subsection A of this
section it shall deny the variance. [Ord. 83-40-0 §3, 1983. Formerly §17.66.050].
17.195.060 Conditions.
....... ...... ...
The commission, in granting the variance, may establish conditions under which a lot or parcel of land
may be used or a building constructed or altered; make requirements as to architecture, height of
building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or
make any other conditions, requirements or safeguards that it may consider necessary to prevent
damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the
commission may require guarantees in such form as deemed proper under the circumstances to ensure
that the conditions designated will be complied with. [Ord. 83-40-0 §3, 1983. Formerly §17.66.060].
17.195.070 Effective date.
The decision of the Commission to approve or deny a variance shall become final and effective 10 days
following such decision. [Ord. 83-40-0 §3, 1983. Formerly §17.66.070].
17.195.080 Cancellation.
Failure to utilize an approved variance within 12 months after its effective date shall cause its
cancellation. [Ord. 83-40-0 §3, 1983. Formerly §17.66.080].
17.195.090 Appeals.
An appeal of the commission's decision to grant or deny a variance may be taken by any person or party
aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing
with the board of adjustment through the city or borough clerk a written notice of appeal specifying the
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AGENDA ITEM #2.A.
927M16 Chapter 17.195 VARIANCES
grounds thereof. [Ord. 83-40-0 §3, 1983. Formerly §17.66.090].
17.195.100 Stay pending appeal.
An appeal from a decision granting a variance stays the decision appealed from until there is a final
decision on the appeal. [Ord. 83-40-0 §3, 1983. Formerly §17.66.100].
The Kodiak Island Borough Code is current through
Ordinance FY2017-02, passed July 21, 2016.
Disclaimer. The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code. Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
MJAv .codepiblisNng.c /AKModaklslarrl0uaugtJ
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AGENDA ITEM #2.A.
R=1e Chapter 17200 CONDITIONAL USE PERMITS
Chapter 17.200
CONDITIONAL USE PERMITS
Sections:
17.200.010
Intent.
17.200.020
Application and fee.
17.200.030
Site plan.
17.200.040
Public hearing.
17.200.050
Standards.
17.200.060
Stipulations.
17.200.070
Action by planning and zoning Commission.
17.200.080
Appeals.
17.200.010 Intent.
. ...... ... .
It is recognized that there are land uses which are generally considered appropriate in certain zoning
districts; provided, that controls and safeguards are applied to ensure their compatibility with permitted
principal uses. The conditional use permit procedure is intended to allow consideration of the impact of
the proposed conditional use on surrounding property, and the application of controls and safeguards to
assure that the conditional use will be compatible with the surrounding area. [Ord. 81-31-0 §2, 1981.
Formerly §17.67.0101.
17.200.020 Application and fee.
_ ........... .......... ... _... ............... ... ..-_.._.. _._....... ........
A. An application to the community development department for a conditional use or modification of an
existing conditional use may be initiated by a property owner or his authorized agent.
B. An application for a conditional use shall be filed with the department on a forth provided. The
application for a conditional use permit shall be accompanied by a filing fee, established by resolution of
the assembly, payable to the borough. [Ord. 92-12 §10, 1992; Ord. 81-31-0 §2, 1981. Formerly
§17.67.0201.
17.200.030 Site plan.
A detailed site plan showing the proposed location of all buildings and structures on the site, access
points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of
the use or uses to be made of the development shall be submitted with the application, together with
other information as may be required to comply with the standards for a conditional use listed in this
chapter and in other pertinent sections of this chapter. [Ord. 81-31-0 §2, 1981. Formerly §17.67.030].
17.200.040 Public hearing.
......... ...... -._......... _...... . _ -......--
The commission shall hold a public hearing within 50 working days after the date of the next available
meeting agenda deadline. The community development department shall give notice of hearing as
required. [Ord. 04-07 §5, 2004; Ord. 81-31-0 §2, 1981. Formerly §17.67.040].
17.200.050 Standards.
In granting a conditional use permit, the Commission must make the following findings:
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AGENDA ITEM #2.A.
SraW16 Chapter 17.200 CONDITIONAL USE PERMITS
A. That the conditional use will preserve the value, spidt, character and integrity of the surrounding area;
B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use
in question;
C. That granting the conditional use permit will not be harmful to the public health, safety, convenience
and comfort;
D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the
conditions listed in subsections A through C of this section;
E. If the permit is for a public use or structure, the commission must find that the proposed use or
structure is located in a manner which will maximize public benefits. [Ord. 81-31-0 §2, 1981. Formerly
§17.67.0501.
17.200.060 Stipulations.
........ .._ ...... ..............
In recommending the granting of a conditional use, the commission shall stipulate, in writing,
requirements which it finds necessary to carry out the intent of this chapter. These stipulations may
increase the required lot or yard size, control the location and number of vehicular access points to the
property, require screening and landscaping where necessary to reduce noise and glare, and maintain the
property in a character in keeping with the surrounding area; or may impose other conditions and
safeguards designed to ensure the compatibility of the conditional use with other uses in the district.
[Ord. 81-31-0 §2, 1981. Formerly §17.67.0601.
17.200.070 Action by planning and zoning commission.
The commission shall render a decision on the application for conditional use permits within 30 calendar
days from the date of public hearing unless the applicant consents to a postponement. The community
development department shall incorporate any conditions and requirements stipulated by the commission
in the conditional use permit. An approved conditional use must be permitted within a two-year period to
be valid. [Ord. 93-66 §4, 1993; Ord. 81-31-0 §2, 1981. Formerly §17.67.070].
17.200.080 Appeals.
The commission's action may be appealed to the assembly by any party. Right of appeal is forfeited
unless the appeal is filed within 20 consecutive days of the commission's decision. [Ord. 81-31-0 §2,
1981. Formerly §17.67.0801.
The Kodiak Island Borough Code Is current through
Ordinance I'Y2017-02, passed July 21, 2016.
Disclaimer. The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code. Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
httpl/v .codepLbisNng.can/AKI(odaklslandBmoujJ
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AGENDA ITEM #2.A.
9'172x15 Chapter 17205AMENDMENTS AND CHANGES
Chapter 17.205
AMENDMENTS AND CHANGES
Sections:
17.205.010
Authority.
17.205.020
Report from planning and zoning commission.
17.205.030
Manner of initiation.
17.205.040
Hearing on boundary change.
17.205.050
Boundary change may include additional property.
17.205.055
Submission to assembly.
17.205.060 Hearing determination.
17.205.070 Hearing — Required — Notice.
17.205.080 Repealed.
17.205.010 Authority.
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. [Ord. 83-58-0 §1, 1983. Formerly §17.72.0101.
17.205.020 Report from planning and zoning commission.
_....
The commission shall report in writing to the assembly on any proposed change or amendment
regardless of the manner in which such change is initiated and such report shall find:
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive
plan; and
C. Recommendations as to the approval or disapproval of the change or amendment. [Ord. 83-58-0 §1,
1983. Formerly §17.72.0201.
17.205.030 Manner of Initiation.
Changes in this title may be initiated in the following manner.
A. The assembly upon its own motion;
B. The commission upon its own motion; and
C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall
be in the forth of an application for a change in the boundary of a district, shall be filed in the Community
development department, be accompanied by the required fee and such data and information as may be
necessary to assure the fullest practicable presentation of facts and shall set forth reasons and
justification for proposing such change. [Ord. 8358-0 §t, 1983. Formerly §17.72.030].
17.205.040 Hearing on boundary change.
The commission shall hold a public hearing before considering any change in the boundaries of a district.
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gr=1e
AGENDA ITEM #2.A.
Chapter 17205
Notice thereof shall be given in the manner prescribed in this title for variances except that such
pmcedure shall specifically refer to an application for change in the boundary of a district. Where property
within an area proposed to be changed is not under the same ownership, all owners of property within
the area shall be notified of such hearing. Within 30 days after the dale of the public hearing, the
commission shall report its findings to the assembly. If such change was initiated by petition, the signers
shall be notified by the community development department of the commission's recommendation, such
notice sent by registered mail not more than five days after the commission's public hearing. [Ord. 83-58-
0 §1, 1983. Formerly §17.72.0401.
17.205.050 Boundary change may include additional property
When the commission deems It necessary or expedient, it may consider other property for change or
amendment in addition to the property described in an application for change in the boundary of a
district, and may include such additional property in the notices of public hearing and consider
amendments relating to such property at the public hearing. [Ord. 83-58-0 §1, 1983. Formerly
§17.72.050].
17.205.055 Submission to assembly.
A. Within 30 days after the commission has acted favorably upon a proposed zoning change in
accordance with the above provisions, a report with recommendations shall be submitted to the assembly
together with the proposed ordinance. Such recommendations of the commission shall be advisory only
and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly,
the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC
17.205.070 by the clerk.
B. If the commission recommends denial of any proposed amendment, its action shall be final unless the
initialing party, within 10 days, files a written statement with the deck requesting that the commission's
action be taken up by the assembly. [Ord. 93-20 §3, 1993; Ord. 83-58-0 §1, 1983. Formerly
§17.72.0551.
17.205.060 Hearing determination.
The assembly shall consider an application or commission recommendation for change in the boundary
of a district or any other commission recommendation proposing a change in this title, and the report of
the commission at its next regular meeting after receipt of such report. If, from the facts presented and
by the findings of the report of the commission, it is determined that the public necessity, convenience,
general welfare and good zoning practice requires the change or amendment of any portion thereof, the
assembly by ordinance shall effect such amendment, supplement, change or reclassification. [Ord. 83-
58-0 §1, 1983. Formerly §17.72.060].
17.205.070 Hearing — Required — Notice
No ordinance of the assembly effecting an amendment, supplement, change or classification, repeal of
regulations or restrictions, the boundaries of districts or classifications of property shall become effective
until after a public hearing in relation thereto at which parties in interest and citizens shall have an
opportunity to be heard. At least seven days' notice of the time and place of such hearing shall be
published in a paper of general circulation in the borough. When the proposed amendment covers a
change In the boundaries In a district, notice to owners of property shall be given in the manner
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AGENDA ITEM #2.A.
97122019 Chapter 17205 AMENDMENTS AND CHANGES
described in this title for variances. [Ord. 83-58-0 §1, 1983. Formerly §17.72.0701.
17.205.080 Boundary change — Protest.
Repealed by Ord. 93-20. [Ord. 83-58-0 §1, 1983. Formerly §17.72.080].
The Kodiak Island Borough Code Is current through
Ordinance FY2017-02, passed July 21, 2016.
Disclaimer: The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code. Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
httpjhw .cakgtlistir,g.c IAKYpdaklslandecrouW 3/3
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AGENDA ITEM #2.A.
9=16 Chapter 17215 REVIEW OF PLANNING AND ZONING COMMISSION DECISION
Chapter 17.215
REVIEW OF PLANNING AND ZONING COMMISSION DECISION
Sections:
17.215.010 Reconsideration.
17.215.020 Commencement of appeal —Stay.
17.215.010 Reconsideration.
A. The commission may reconsider its decision upon petition of any person entitled to appeal the
decision under KIBC 17.225.030, filed with the community development department within 10 working
days after the decision.
B. The commission may reconsider its decision only if it finds:
1. There was a clerical error in the decision;
2. The decision resulted from fraud or mistake; or
3. There is newly discovered evidence or a change in circumstances which by due diligence could
not have been discovered before the original hearing.
C. The community development department shall mail notice of the petition for reconsideration to each
person who was entitled to notice of the original commission proceeding. The notice shall include the
petition for reconsideration, describe the decision upon which reconsideration is requested and stale the
dale and time when the commission will review the petition.
D. The commission shall review the petition at its next regular meeting and decide whether to reconsider
the matter. The decision shall be based on the petition and any oral argument of the petitioner or any
other interested party which the commission may decide to hear, but no additional evidence shall be
taken. If the petition is granted, then the commission shall dedde the matter or set the matter on its
agenda for rehearing. The decision of the commission on reconsideration shall be final, subject to
appeal, and the commission shall entertain no further petitions for reconsideration of the decision at
issue. [Ord. 90-44 §4, 1991. Formerly §17.80.010].
17.215.020 Commencement of appeal — Stay.
... ........... . .........
A. A decision of the commission is final unless an appeal of the decision is made within 10 working days
after the decision by the commission to the board of adjustment.
B. An appeal is commenced by filing with the deck a written notice of appeal, specifically stating the
reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement
of an appeal, the decision appealed from is stayed until the decision on appeal becomes final.
C. The running of the time for filing an appeal from a decision of the commission is terminated by a
timely petition for reconsideration, filed in accordance with KIBC 17.225.010. The full time for an appeal
begins to run again on the date of the decision of the commission on reconsideration. [Ord. 90-04 §4,
1991. Formerly §17.80.020].
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AGENDA ITEM #2.A.
9=16 Chapter 17215 REVIEW OF PLANNING AND ZONING COMMISSION DECISION
The Kodiak Island Borough Code is current through
Ordinance FY2017-02, passed July 21, 2016.
Disclaimer. The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code. Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
httpJAv .=&BpL YisNng.c IAKMaSaklstwxlE roujJ
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AGENDA ITEM #2.A.
9=16 Chaplet 172M APPEALS TO THE PLANNING AND ZONING COMMISSION
Chapter 17.220
APPEALS TO THE PLANNING AND ZONING COMMISSION
Sections:
17.220.010
Persons who may appeal.
17.220.020
Commencement of appeal — Slay.
17 220.030
Appeal hearing — Notice, preparation of record.
17.220.040
Appealhearing.
17.220.050
Decision.
17.220.010 Persons who may appeal.
Applicants subject to the following written decisions of the community development department director
may appeal the decision to the commission:
A. The denial of zoning compliance: and
B. The issuance of an order or administrative decision under KIBC 17.210.010(A). [Ord. 90-04 §5, 1991.
Formerly §17.90.0101.
17.220.020 Commencement of appeal — Stay.
A. A decision of the community development department director is final unless appealed to the
commission within 10 working days of receipt of notification of the decision.
B. An appeal Is commenced by filing with the community development department a written notice of
appeal, specifically stating the reason for the appeal and the relief sought, and payment of the
appropriate fee. Upon commencement of an appeal, the decision appealed from Is stayed until the
decision on appeal becomes final. [Ord. 90-44 §5, 1991. Formerly §17.90.0201.
17.220.030 Appeal hearing — Notice, preparation of record.
A. Upon timely commencement of an appeal, the community development department shall schedule
the appeal hearing, mail notice of the appeal, prepare the appeal record and notify the commission of
the appeal.
B. For appeals from the community development department director's decision, notice shall be given, at
a minimum, to all adjoining property owners. The notice shall include the appellant's notice of appeal,
describe the decision appealed from, state the date of the appeal hearing and time within which written
argument supporting or opposing the appeal may be submitted, and contain the substance of subsection
E of this section regarding the availability of the appeal record.
C. The appeal record shall be completed within 10 working days of receipt of the notice of appeal for
appeals from the community development department director's decision. The appeal record shall
include the community development department director's written decision and supporting
documentation.
D. Following completion of the record, the community development department shall, by certified mail,
serve a copy of the appeal record on the applicant. The community development department shall deliver
a copy of the appeal record to the borough staff assigned responsibility for the appeal.
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AGENDA ITEM #2.A.
9=16 Chapter 1722] APPEALS TO THE PLANNING AND ZONING COMMISSION
E. A copy of the appeal record shall be available for public inspection at the community development
department. Any person may obtain a copy of the record upon payment of the appropriate fee.
F. On appeal to the commission, any person who meets the requirements of KIBC 17.220.010 and
17.225.030 may submit to the community development department director written argument supporting
or opposing the appeal. Written argument submitted prior to the appeal hearing shall become part of the
appeal record. [Ord. 90-04 §5, 1991. Formerly §17.90.0301.
17.220.040 Appeal hearing.
__._..... ............
A. On an appeal from the community development department director's decision, the commission shall
hold a public hearing on the appeal at its first regular meeting after the record is prepared.
B. At the hearing before the commission, only persons who have received written notice of the appeal or
submitted written comments on the appeal may present oral argument. Oral argument shall be subject to
the following order and time limitations, unless the commission, for good cause shown, perils a change
in the order or an enlargement of time.
1. Borough staff: 10 minutes to present the decision below and to set forth the evidence and
reasons relied upon for the decision.
2. Appellant: 10 minutes.
3. Private person supporting the appeal: 10 minutes each.
4. Private person opposing the appeal: 10 minutes each.
5. Appellant, for rebuttal: 10 minutes.
C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so
long as the appellant has had a reasonable opportunity to be heard.
D. The commission shall decide the appeal upon the appeal record and the written and oral argument
presented on the appeal. [Ord. 90-04 §5, 1991. Formerly §17.90.040].
17.220.050 Decision.
A. The commission shall either affirm or reverse the decision of the community development department
director in whole or in part. If the commission fails to approve the reversal of the community
development department director's decision, that decision is affirmed.
B. Every decision of the commission to affirm or reverse an action of the community development
department director shall be based upon findings and conclusions adopted by the commission. Such
findings must be reasonably specific so as to provide the community and, where appropriate, reviewing
authorities, a dear and precise understanding of the reason for the decision.
C. The commission's decision affirming or reversing the decision of the community development
department director shall be mailed to the parties to the appeal within five working days after the appeal
decision and approval of findings of fact. [Ord. 90-04 §5, 1991. Formerly §17.90.050].
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AGENDA ITEM #2.A.
9¢2M16 Chapter 17.220 APPEALS TO THE PLANNING AND ZONING COMMISSION
The Kodiak Island Borough Code is current through
Ordinance FY2017-02, passed July 21, 2016.
Disclaimer: The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code. Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
Mipimv .codepbllsHng.c tAK'Kodaklslad6arcegttl
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AGENDA ITEM #2.A.
a47l1D16 Chapter 17.225 APPEALS TO THE BOARD OF ADJUSTMENT
Chapter 17.225
APPEALS TO THE BOARD OF ADJUSTMENT
Sections:
17.225.010
Organization.
17.225.020
Powers of the board.
17.225.030
Persons who may appeal.
17.225.040
New evidence– Changed circumstances.
17.225.050
Appeal hearing – Notice, preparation of record.
17.225.060
Argument on appeal.
17.225.070
Appealhearing.
17.225.080
Decision.
17.225.090
Hearing examiner.
17.225.100
Judicial review.
17.225.010 Organization.
The assembly is the board of adjustment for the Kodiak Island Borough. [Ord. 96-23 §2, 1996; Ord. 90-
44 §6, 1991. Formerly §17.100.010].
17.225.020 Powers of the board.
--- —. ............. ...... ... ... -.. ....
The board of adjustment shall hear and decide:
A. Appeals from the decisions of the commission regarding alleged errors in enforcement of zoning
ordinances and building codes;
B. Appeals from the decision of the commission on requests for conditional uses;
C. Appeals from the decisions of the commission on requests for variances from the terms of the zoning
ordinances and from findings as may be required by sections of this title. [Ord. 92-17 §6, 1992; Ord. 90-
44 §6, 1991. Formerly §17.100.0201.
17.225.030 Persons who may appeal.
A written decision of the commission granting or denying approval under the requirements of this title
may be appealed by:
A. The applicant; or
B. Any person who was sent a written notice or submitted timely written comments or gave oral
testimony at the public hearing before the commission. [Ord. 90-14 §6, 1991. Formerly §17.100.030].
17.225.040 New evidence – Changed circumstances.
Appeals alleging new evidence or changed circumstances may be remanded by the board of adjustment
to the commission where they shall be treated as petitions for reconsideration. [Ord. 90-44 §6, 1991.
Fonnedy §17.100.0401.
17.225.050 Appeal hearing – Notice, preparation of record.
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AGENDA ITEM #2.A.
W22016 Chapter 17.725 APPEALS TO THE BOARD OF ADJUSTMENT
A. Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of
the appeal, request the community development department director to prepare the appeal record, and
notify the commission of the appeal.
B. The clerk shall mail notice of the appeal to each person who was entitled to notice of the original
commission proceeding. The notice shall include the appellant's notice of appeal, describe the decision
appealed from, state the date of the appeal hearing and time within which written argument supporting
or opposing the appeal may be submitted, and contain the substance of subsections C and E of this
section regarding the obtaining of a verbatim transcript and the availability of the appeal record.
C. The appeal record shall be completed within 10 working days of filing of an appeal. The appeal record
shall include the draft minutes of the proceedings before the commission, the commission's written
decision, and any written documents considered by the commission.
Any party to an appeal from a commission decision may cause the appeal record to include a verbatim
transcript of the proceedings before the commission by filing a request therefor, accompanied by a cash
deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice
of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit
shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or
refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the
record.
D. Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record
on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as
part of the record. The clerk shall deliver a copy of the appeal record to the borough staff assigned
responsibility for the appeal.
E. A copy of the appeal record shall be available for public inspection at the clerk's office. Any person
may obtain a copy of the record upon payment of the appropriate fee. [Ord. 90-04 §6, 1991. Formerly
§17.100.050].
17.225.060 Argument on appeal.
On appeal to the board of adjustment, any person who meets the requirements of KIBC 17.225.030 may
submit to the clerk written argument supporting or opposing the appeal. Written argument submitted
prior to the appeal hearing shall become part of the appeal record. [Ord. 90-04 §6, 1991. Formerly
§17.100.060].
17.225.070 Appeal hearing.
A. The board of adjustment shall hold an appeal hearing on the appeal at its first regular meeting 30
days after the appeal record has been completed.
B. At the hearing before the assembly, only persons who have submitted written argument on the appeal
or testified before the commission, or submitted written comments to the commission may present oral
argument. Oral argument shall be subject to the following order and time limitations, unless the
assembly, for good cause shown, perils a change in the order or an enlargement of time.
1. Borough staff, including commission representatives: 10 minutes to present the decision below
and to set forth the evidence and reasons relied upon for the decision.
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AGENDA ITEM #2.A.
ar27lC11e Chapter 17.725 APPEALS TO THE BOARD OF ADJUSTMENT
2. Appellant: 10 minutes.
3. Private person supporting the appeal: 10 minutes each.
4. Private person opposing the appeal: 10 minutes each.
5. Appellant, for rebuttal: 10 minutes.
C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so
long as the appellant has had a reasonable opportunity to be heard.
D. The board of adjustment shall decide the appeal upon the appeal record, the written and oral
argument, and the testimony and evidence presented on the appeal. The board of adjustment may
exercise its independent judgment on the legal and factual issues raised by the appellant. [Ord. 90-44
§6, 1991. Formedy §17.100.0701.
17.225.080 Decision.
A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in
part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision
is affirmed. The board of adjustment may make its own findings on factual issues, based upon the
evidence in the record.
B. Every decision of the board of adjustment to affirm or reverse an action of the commission shall be
based upon findings and conclusions adopted by the board of adjustment. Such findings must be
reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear
and precise understanding of the reason for the decision.
C. The board of adjustment's decision affirming or reversing the decision of the commission shall be
mailed to the parties to the appeal within 10 working days after the appeal decision and approval of
findings of fact. [Ord. 90-04 §6, 1991. Formerly §17.100.080].
17.225.090 Hearing examiner.
When the borough is either the applicant or appellant, the appeal shall be heard and decided upon by a
hearing examiner. The clerk shall refer the appeal to the Alaska Office of Administrative Hearings under
AS 44.64.030(b). In rendering a decision, the hearing examiner shall follow the rules and procedures as
set forth in the preceding sections of this chapter. [Ord. FY2010-09 §3, 2010; Ord. 90-44 §6, 1991.
Fornedy §17.100.0901.
17.225.100 Judicial review.
Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that
decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard
solely on the record before the board of adjustment or its hearing examiner and the commission. The
appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure
of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the
whole record, they are supported by substantial evidence. [Ord. 90-04 §6, 1991. Formerly §17.100.100].
hdp/Av .codepL"isUng.cam/AKA(odaklstaMBorouj✓
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AGENDA ITEM #2.A.
graQ016 Chapter 17.715 APPEALS TO THE BOARD OF ADJUSTMENT
The Kodiak Island Borough Code is current through
Ordinance FY2017-02, passed July 21, 2016.
Disclaimer: The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code. Users should contact the
Borough ClerKs Once for ordinances passed subsequent to the
ordinance cited above.
hftoA ww.codepL"isNng.cam/AWKnddaklslardElorougttl
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n/a
AGENDA ITEM #2.A.
9212016 Chapter 2105 PLANNING AND ZONING COMMISSION
Chapter 2.105
PLANNING AND ZONING COMMISSION
Sections:
2.105.010 Created—Membership.
2.105.020 Terms.
2.105.030 Powers and duties.
For statutory provision designating the duties of the borough planning and zoning commission, see AS
29.40.020.
2.105.010 Created — Membership.
There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of
seven members appointed by the mayor subject to confirmation by the assembly, except that a member
from a home rule or first class city shall be selected from a list of recommendations submitted by the
council. Commission membership shall be apportioned so that the number of members from home rule
or first class cities within the borough reflects the proportion of borough population residing within those
cities. Commission membership shall be reapportioned according to the fluctuation of population within
the borough and its home rule and first class cities by resolution of the assembly at the expiration of the
terms of commission members. Borough employees may be appointed to serve on the planning and
zoning commission unless they are employed by the community development department. Nothing in
this section prevents the mayor from appointing additional perms to serve in an advisory or ex offiao
capacity without regard to apportionment of borough population. [Ord. FY2012-04 §2, 2011; Ord. 85-26-
0 §2, 1985; Ord. 79-11-0, 1979; Ord. 77-36-0 §1, 1977; Ord. 73-20-0 §1, 1973; prior code Ch. 5 subch.
1 §1. Formerly §2.40.010].
2.105.020 Terms.
The members shall serve for three years; however, of the members first appointed, one-third shall be
appointed for three years, one-third for two years, and one-third for one year. Appointment to fill
vacancies shall be for the unexpired term only. [Ord. 85-26-0 §1, 1985; Ord. 79-11-0, 1979; prior code
Ch. 5 subch. 1 §2. Formerly §2.40.020].
2.105.030 Powers and duties.
The commission shall accomplish the following:
A. Develop, adopt, alter, or revise, subject to approval of the assembly, a comprehensive plan for the
physical development of the borough. Such comprehensive plan, with accompanying maps, plats, charts,
descriptive and explanatory matter, shall show the commission's recommendations for the development
of the borough territory and may include among other things:
1. Development of the type, location, and sequence of all public Improvements;
2. The relocation, removal, extension, or change of use of existing or future public ways, grounds,
spaces, buildings, properties, and utilities; and
3. The general extent and location of rehabilitation areas.
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AGENDA ITEM #2.A.
912112D16 Chapter 2105 PLANNING AND ZONING COMMISSION
When a comprehensive plan for the borough has been approved by the assembly, amendments,
revisions and extensions thereof may be adopted by the assembly after consideration and report of the
commission. All amendments, revisions, or extensions shall correspond to major geographical divisions
of the borough or to functional divisions of the subject matter of the plan. When such comprehensive
plan has been approved by the assembly, no amendments, revisions, or extensions thereto shall be
approved, except upon the affirmative vote of four members of the assembly;
B. Hold hearings, make recommendations, and review variances and conditional use perils, and
otherwise administer the subdivision and zoning provisions as set out in this code;
C. Draft an official zoning map of the borough and recommend or disapprove proposed changes in such
map;
D. Make and adopt plans for the revitalization and reconstruction of areas within the borough that may
need it and make and develop plans for the improving and redevelopment of any areas within the
borough;
E. Submit annually to the assembly, not less than 90 days prior to the beginning of the calendar year, a
list of recommended capital improvements which, In the opinion of the Commission, are necessary or
desirable to be constructed during the next five-year period. Such list shall be arranged in order of
preference with recommendations as to which projects shall be constructed in a specific year,
F. Promote public interest in and understanding of the comprehensive plan and of planning, zoning,
subdivision and Coastal management; oil spill planning; and energy management;
G. Make and develop plans for reconstruction or redevelopment of any area or district within the borough
which may be destroyed in whole or in part, or damaged by fire, earthquakes, or other disaster,
H. Make investigations regarding any matter related to borough planning;
I. Make and prepare reports, prints, plats, and plans for approval by the assembly; and
J. Make or muse to be made surveys, maps, and plans relating to the location and design of any public
building, dock, beach, ski ground, statue, memorial, park, parkway, boulevard, street, alley, or
playground. For the purpose of implementing this subsection, all departments of the borough considering
any such improvement are required, and all public agencies not a part of the borough are required, to
inform the commission of the proposed improvement and submit pertinent information to the commission
and within such time as will enable the commission to recommend to the assembly whether the
proposed improvement is consistent with the general plan and established planning principles. No public
improvement shall be authorized by the assembly until the recommendations of the commission shall
have been received and reviewed by the assembly. [Ord. 98-02 §8, 1998; Ord. 85-26 §1, 1985; Ord. 82-
9-0, 1982; Ord. 79-11-0, 1979; prior code Ch. 5 subch. 1 §3. Formerly §2.40.0301.
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to
AGENDA ITEM #2.A.
92112016 Chapter 2105 PLANNING AND
The Kodiak Island Borough Code Is current through
Ordinance FY2017-02, passed July 21, 2016.
Disclaimer: The Borough Clerk's Office has the official version of
the Kodiak Island Borough Code. Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
hfipJAv .codaPdlsNrg.ar /AKModaklslar43rragW
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AGENDA ITEM #2.A.
PUBLIC HEARING ITEM 7-H
P 8 Z REGULAR MEETING: SEPTEMBER 21, 2016
Introduced by: KIB Manager
Requested by: P&Z Commission
Drafted by: CDD
Introduced:
Public Hearing:
Adopted:
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-XX
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH AMENDING CHAPTERS 17.25 KIBC (DEFINITIONS),
17.160 KIBC (ACCESSORY BUILDINGS), AND RELATED CHAPTERS
OF TITLE 17, ZONING TO INCLUDE DEVELOPMENT STANDARDS
FOR ACCESSORY DWELLING UNITS AND TO SPECIFICALLY LIST
ACCESSORY DWELLING UNITS AS A PERMITTED USE IN CERTAIN
RESIDENTIAL ZONING DISTRICTS
WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace
the 1968 Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 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, there is a growing awareness of the need for additional housing options in
Kodiak; and
WHEREAS, the use of accessory dwelling units may be one part of a regulatory solution
to address this multi -faceted issue; and
WHEREAS, KIBC Title 17 (Zoning) does not include regulatory requirements for
accessory dwelling units and does not list them as a permitted use in any zoning district;
and
WHEREAS, the public necessity and general welfare of the community may be better
served by amending the code to include development standards and zoning requirements
for accessory dwelling units and to list them as a permitted use in all residential zoning
districts; and
WHEREAS, the amendments to Chapters 17.25 KIBC (Definitions), 17.50 (C -
Conservation), 17.60 (RR2-Rural Residential Two), 17.65 (RR -Rural Residential), 17.70
(RR1-Rural Residential One), 17.75 (R1 -Single-family Residential), 17.80 (R2 -Two-family
Residential), and 17.160 (Accessory Buildings) of Title 17 will accomplish the staled public
need;and
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AGENDA ITEM #2.A.
PUBLIC HEARING ITEM 7-H
P 8 Z REGULAR MEETING: SEPTEMBER 21, 2016
WHEREAS, the Planning and Zoning Commission held work sessions or special meetings
to review the proposed changes on October 7, 2015, October 14, 2015, and November 10
2015; and
WHEREAS, the Planning and Zoning Commission set aside time for public input and
discussion at each work session and special meeting; and
WHEREAS, the Planning and Zoning Commission held work sessions on December 9,
2015, January 13, 2016, March 9, 2016, and May 11, 2016 followed by public hearings on
December 16, 2015, January 20, 2016, March 16, 2016, and May 16, 2016; and
WHEREAS, the Planning and Zoning Commission, following the May 18, 2016 public
hearing, failed to pass a motion to transmit their recommendations for revisions to Title 17
to the Borough Assembly; and
WHEREAS, on May 19, 2016, two Planning and Zoning Commissioners filed a
Reconsideration Affidavit with the Community Development Department stating their intent
to reconsider the vote taken after the May 18, 2016 public hearing; and
WHEREAS, the Planning and Zoning Commission, at their July 13, 2016 regular meeting,
voted to reconsider the vote taken after the May 1 B. 2016 public hearing and to postpone
the vote on the recommendations for revisions to Title 17 to their September 21, 2016
regular meeting; and
WHEREAS, the Planning and Zoning Commission, held an additional work session on
September 14, 2016 followed by an additional public hearing on September 21, 2016; and
WHEREAS, the Planning and Zoning Commission, following the September 21, 2016
public hearing, voted to transmit their recommendations for revisions to Title 17 to the
Borough Assembly; and
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; and
Section 2: This ordinance shall be effective upon adoption.
Section 3: By this ordinance, the Borough Assembly adopts the following findings of
fad in support of their approval of these amendments:
1. There is a growing need for housing options in Kodiak. The use of
accessory dwelling units may be one part of a regulatory solution to
address this multi -faceted issue.
2. Current KIBC Title 17 (Zoning) does not include regulatory requirements
for accessory dwelling units and does not list them as a permitted use in
any zoning district
3. The amendments to Chapters 17.25, 17.160, and related Chapters of
Title 17 KIBC provide the regulatory requirements for accessory
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AGENDA ITEM #2.A.
PUBLIC HEARING ITEM 7-H
P & Z REGULAR MEETING: SEPTEMBER 21, 2016
dwelling units and list accessory dwelling units as a permitted use in
certain residential zoning districts.
4. The amendments to Chapters 17.25, 17.160, and related Chapters of
Title 17 KIBC are consistent with the adopted Comprehensive Plan
goals and policies related to housing and specifically, affordable
housing.
5. The Planning and Zoning Commission recommends approval of the
amendments to Chapters 17.25, 17.160, and related Chapters of Title
17 KIBC.
Chapter 17.25
DEFINITIONS
17.25.020 A definitions.
Chapter 17.160
ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS
Sections:
17.160.010 Intent.
136 17.160.020 Definition.
137 17.160.030 Permitted districts.
138 17.160.040 Height limit.
139 17.160.050 Area.
140 17.160.060 Setbacks.
141 17.060.070 Accessory Dwelling Units.
142
143 17.160.010 Intent.
144 It is the intent of this chapter to set forth standards for the size and location of accessory
145 buildings and accessory dwelling units. Hoop houses shall not be subject to the
146 limitations of this chapter in all zoning districts where hoop houses are permitted. [Ord.
147 FY2012-10 §12, 2012; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly
148 §17.51.010].
149
150 17.160.020 Definition.
151 "Accessory building" means
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AGENDA ITEM #2.A.
PUBLIC HEARING ITEM 7-H
P 8 Z REGULAR MEETING: SEPTEMBER 21, 2016
152 A. A detached building, the use of which is appropriate, subordinate and customarily
153 incidental to that of a main building, located on the same lot as the main building and
154 which is not designed or intended to be used for living or sleeping purposes.
155 B. An accessory building shall be considered to be a part of the main building when joined
156 to the main building by a common wall not less than four feet long or by a roofed
157 passageway which shall not be less than eight feet in width.
158 C. Any structure, regardless of type of foundation or base support, including skid -mounted
159 or other movable structure, that also requires a building permit for construction (for
160 example, structures where the projected roof area exceeds 120 square feet). A minor
161 structural development that does not require a building permit is not regulated by this
162 chapter.
163 D. A nonmotorized container van when used for the sole purpose of storing emergency
164 response equipment in the Kodiak Island Borough and not placed on a permanent
165 foundation. [Ord. 2001-01 §2, 2001; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982.
166 Formerly §17.51.0201.
167
168 17.160.030 Permitted districts.
169 A. Accessory buildings are permitted in all land use districts that specifically allow for
170 them.
171 B. In residential zoning districts, no accessory building shall be located on any lot in the
172 absence of a main building used as a residence; except that in the case of a vacant lot,
173 zoning compliance for an accessory building (used solely for the storage of tools and
174 materials needed for the construction of the permitted residence) may be issued at the
175 same time zoning compliance and a building permit are issued for a residence.
176 C. An accessory building as defined by KIBC 17.160.020(D) is permitted in all zoning
177 districts with authorization from the local municipality and issuance of a zoning compliance
178 permit. [Ord. 2001-01 §3, 2001; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly
179 §17.51.0301.
180
181 17.160.040 Height limit.
182 The maximum height of an accessory building is 25 feet. An exception to this section is
183 any structure that meets the definition of an amateur radio antenna as outlined in AS
184 29.35.141. [Ord. FY2006-08 §2, 2006; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982.
185 Formerly §17.51.040].
186
187 17.160.050 Area.
188 A. The maximum lot coverage of the total of all accessory buildings on a lot shall not
189 exceed 10 percent of the area of a lot except that on any lot of record, accessory buildings
190 may cover a maximum of 600 square feet of the lot or 10 percent of the area of the lot,
191 whichever is greater.
192 B Accessory dwelling units are exempt from the lot coverage limitations of this
193 section.
194
195 17.160.060 Setbacks.
196 The minimum yard setbacks requirements for accessory buildings and accessory
197 dwelling units are those established for the zoning district in which the accessory
198 building or accessory dwelling unit will be located.
199
200 17.160.070 Accessory Dwelling Units.
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AGENDA ITEM #2.A.
PUBLIC HEARING ITEM 7-H
P 8 Z REGULAR MEETING: SEPTEMBER 21. 2016
A. Intent
2.
211 B. Permitted Uses.
212 t ADUs are a permitted use in the following residential zoning districts:
213 a. Chapter 17.50 KIBC, C -Conservation District;
214 b Chapter 17.60 KIBC RR2-Rural Residential Two District;
215 c. Chapter 17.65 KIBC, RR -Rural Residential District;
216 d. Chapter 17.70 KIBC RR1-Rural Residential One District;
217 e. Chapter 17.75 KIBC, R1 Single-family Residential District;
218 f. Chapter 17.80 KIBC, R2 -Two-family Residential District.
219 C. Development Standards for ADUs.
220 1. Only one ADU shall be permitted on a lot.
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3. ADUs are required to comply with all applicable building and fire code
requirements.
5. Parking.
a Five off-street parking spaces are required for any lot with an ADU that is
650 square feet or less (3 for the existing dwelling unit and 2 for the ADU).
b. Six off-street parking spaces are required for any lot with an ADU that is
greater than 650 sauare feet (3 for the existinq dwelling unit and 3. for the
ADU).
6. Size Limit
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AGENDA ITEM #2.A.
PUBLIC HEARING ITEM 7-H
P & Z REGULAR MEETING: SEPTEMBER 21, 2016
d Mobile homes recreational vehicles, campers, and travel trailers are not
permitted to be used as an ADU.
7 The accessory dwelling may contain no more than a living area kitchen area,
one bedroom, and one bath.
8 The owner of the property shall live in the principal dwelling or the ADU.
9. No more than two people shall reside in the ADU.
10 No new access points or driveways shall be created or installed for access to
the ADU.
11. Nonconforming structures.
b ADUs are prohibited in any accessory structure that is nonconforming
with respect to required setbacks.
12 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.
Chapter 17.50
C — CONSERVATION DISTRICT
17.50.030 Permitted accessory uses and structures.
In addition to those uses and structures specifically identified in KIBC 17.50.020, the
following accessory uses and structures are permitted when developed in support of
permitted principal uses:
B. Accessory residential buildings (e.g., accessory dwelling units, crew quarters in
support of commercial set -net fishing and lodge operations, banyas, outhouses, etc.);
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AGENDA ITEM #2.A.
PUBLIC HEARING ITEM 7-H
P & Z REGULAR MEETING: SEPTEMBER 21, 2016
291
292 ...
293
294 Chapter 17.60
295 RR2 — RURAL RESIDENTIAL TWO DISTRICT
296
297 ...
298
299 17.60.020 Permitted uses.
300 The following land uses and activities are permitted in the rural residential two district:
301 A. Accessory buildings and accessory dwelling units;
302
303 ...
304 Chapter 17.65
305 RR — RURAL RESIDENTIAL DISTRICT
306
307 ...
308
309 17.65.030 Permitted accessory uses and structures.
310 A. Accessory buildings and accessory dwelling units;
311
312 ...
313
314 Chapter 17.70
315 RR1 — RURAL RESIDENTIAL ONE DISTRICT
316 ...
317
318 17.70.020 Permitted uses.
319 The following land uses are permitted in the rural residential one district:
320 A. Accessory buildings and accessory dwelling units;
321
322 ...
323 Chapter 17.75
324 R1 — SINGLE-FAMILY RESIDENTIAL DISTRICT
325 ...
326
327 17.75.020 Permitted uses.
328 The following land uses and activities are permitted in the single-family residential district:
329 A. Accessory buildings and accessory dwelling units;
330
331
332 Chapter 17.80
333 R2 — TWO-FAMILY RESIDENTIAL DISTRICT
334 ...
335
336 17.80.020 Permitted uses.
337 The following land uses are permitted in the two-family residential district:
338 A. Accessory buildings;
339 B. Beauty shops;
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AGENDA ITEM #2.A.
Page 68 of 72
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PUBLIC HEARING ITEM 7-H
P 8 Z REGULAR MEETING: SEPTEMBER 21, 2016
340
C.
Churches;
341
D.
Clinics;
342
E.
Greenhouses;
343
F.
Home occupations;
344
G.
Hospitals;
345
H.
Parks and playgrounds;
346
I.
Professional offices;
347
J.
Schools;
348
K.
Single-family dwellings;
349
L.
Two-family dwellings;
350
M.
Vacation homes;
351
N.
Bed and breakfasts; and
352
O.
Hoop houses -.Land
353
P
Accessory dwelling units when there is a single-family
residence on the
354
property. ,Q
§10, ""'. Ord r"'""' 08-0
355§17.19.0201.
356
357
358
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
359
THIS DAY OF
2016
360
361
362
KODIAK ISLAND BOROUGH
363
364
365
366
Jerrol Friend, Borough Mayor
367
368
ATTEST:
369
370
371
372
Nova M. Javier, MMC, Borough Clerk
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AGENDA ITEM #2.A.
Letter for Kodiak Island Assembly, 26 September 2016
Since it has been commented re: Planning and Zoning attendance on meetings
January through December 2015, a quorum was not attained at two regular
meetings
I requested copies of the last two years of attendances and have attached it
for your review.
There was an average of six commissioners and one open seat on March Ili and
October 21, 2015.
In 2016 a meeting on February 17, 2016 was cancelled for lack of quorum.
All cases that were postponed during those meetings were listed on the
following month's agenda and addressed then and decisions made.
Much like the assembly, we have personal lives, and having an open seat makes it a
challenge to make a quorum if two or more commissioners are not able to
attend a meeting.
Sincerely
J g Qdn
Jay Baldwin
P & Z Vise Chair
Page 69 of 72
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