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
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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
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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
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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 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
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127 14emAo
128 J rrol Friend, Borough Mayor
129 ATTEST:
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132 nn�
133r�--
134 Nova M. Javier, MMC, Borou6 Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2017-17
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