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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 Residential2 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-17 Assembly Member Crow Assembly Member Crow CDD 09/15/2015 10/06/2016 10/06/2016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 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 WHEREAS, there has been a noted increase in the keeping of chickens and other animals useful to people in residential zoning districts within the Kodiak Island Borough; and WHEREAS, the keeping of chickens and other animals useful to people is an agricultural activity as defined by Kodiak Island Borough Code 17.25.020.A; and WHEREAS, agricultural activities are listed as a permitted use in the low density RR1- Rural Residential One, RR2-Rural Residential Two, and C -Conservation Zoning Districts; and WHEREAS, agricultural activities are not listed as a permitted use in the low density RR - Rural Residential District, medium density R1 -Single-family Residential and R2 -Two-family Residential Districts, and high density R3-Mulit-family Residential District and are therefore a prohibited use in those districts per Kodiak Island Borough Code 17.15.080; and WHEREAS, through public comment at several Kodiak Island Borough Assembly and Planning and Zoning Commission public meetings and through other public forums (e.g.; social media sites, local newspaper editorials, letters to the editor, etc.), numerous Kodiak Island Borough residents have expressed their support for the keeping of chickens and other animals useful to people in all residential zoning districts; and WHEREAS, the Kodiak Island Borough Assembly recognizes that many residents rely on the keeping of chickens and other animals to supplement their subsistence needs; and WHEREAS, many municipalities across the country have recognized this need and have amended their land use codes to allow the keeping of chickens and other animals useful to people in low, medium, and high density residential zoning districts; and Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Page 1 of 3 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 WHEREAS, Kodiak Island Borough Code 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, Kodiak Island Borough Code 17.205.030.A, allows the assembly to initiate proposed amendments to the regulations of Title 17 (Zoning) of the Borough Code; and WHEREAS, the Kodiak Island Borough Assembly has determined that a review of Title 17 (Zoning) of the Borough code should be conducted to investigate whether the public necessity, convenience, general welfare, and good zoning practice would be enhanced by amending the code to allow the keeping of chickens and other animals useful to people in low, medium, and high density residential zoning districts; and WHEREAS, the Kodiak Island Borough Assembly has determined that a temporary moratorium should be placed 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 low, medium, and high density residential zoning districts until such time that the associated code review can be completed and recommended amendments be codified; and WHEREAS, the Kodiak Island Borough Assembly recognizes that noise created by roosters has the potential to create a nuisance that may negatively impact the rights of surrounding property owners in medium and high density residential zoning districts; and WHEREAS, the Kodiak Island Borough Assembly recognizes that smaller lot sizes within medium and high density residential zoning districts may not be capable of providing the area required for the proper keeping of livestock (e.g.; cattle, sheep, swine, horses, ponies, mules, and goats); and WHEREAS, the Kodiak Island Borough Assembly has determined that the moratorium should not apply to the enforcement of those sections of Title 17 (Zoning) of the Borough code that prohibit the keeping of roosters and livestock in medium and high density residential zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: A temporary moratorium is hereby placed 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 Districts. Section 3: This temporary moratorium does not apply to the enforcement of those sections of Title 17 (Zoning) of the Borough code that prohibit the keeping Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Page 2 of 3 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 Code and shall be 110 completed no later than eighteen (18) months from the date of approval of 111 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 codified. 119 120 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 121 THIS SIXTH DAY OF OCTOBER, 2016 122 123 KODIAK ISLAND BOROUGH 124 125 126 127 14emAo 128 J rrol Friend, Borough Mayor 129 ATTEST: 130 131 132 nn� 133r�-- 134 Nova M. Javier, MMC, Borou6 Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Page 3 of 3