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FY2017-21 Amending Chapters 17.25 KIBC (Definitions), 17.160 KIBC (Accessory Buildings), And Related Chapters Of Title 171 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1)1) 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Introduced by: Borough Manager Drafted by: CDD Introduced on: 04/06/2017 Public Hearing Date: 06/15/2017 Amended: 06/15/2017 Adopted on: 06/15/2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-21 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 certain residential zoning districts; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-21 Page 1 of 8 Final Verson 46 47 48 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 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 (132 -Two-family Residential), and 17.160 (Accessory Buildings) of Title 17 will accomplish the stated public need; and 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 18, 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 18, 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 WHEREAS, the Borough Assembly held work sessions on January 12, 2017, February 9, 2017, March 2, 2017, March 30, 2017, April 13, 2017, and June 8, 2017; and WHEREAS, the Borough Assembly held a public hearing on June 15, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Kodiak Island Borough, Alaska Ordinance No. FY2017-21 Deletion - Red, Strikeout Page 2 of 8 Insertion - Bold, Blue, Underlined Final Veisc,n 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Title 17 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 17.25 DEFINITIONS 17.25.020 A definitions. "Accessory Dwelling Unit (ADU)" means an additional dwelling unit attached to or within agile—family residence or within a detached accessory structure or as a separate structure on the same lot as the single-family residence. ADUs have a separate entrance and exit and contain kitchen, bathroom, and sleeping facilities. Chapter 17.160 ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS Sections: 17.160.010 Intent. 17.160.020 Definition. 17.160.030 Permitted districts. 17.160.040 Height limit. 17.160.050 Area. 17.160.060 Setbacks. 17.060.070 Accessory dwelling units. 17.160.010 Intent. It is the intent of this chapter to set forth standards for the size and location of accessory buildings and accessory dwelling units. Hoop houses shall not be subject to the limitations of this chapter in all zoning districts where hoop houses are permitted. [Ord. FY2012-10 §12, 2012; Ord. 90-31 §2,1990; Ord. 82-14-O(A) §2,1982. Formerly §17.51.010]. 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 =' A minor structural development that does not require a building permit is not regulated by this chapter. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-21 Page 3 of 8 Final Version 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 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, 2001; Ord. 90-31 §2,1990; Ord. 82-14-O(A) §2,1982. Formerly §17.51.020]. 17.160.030 Permitted districts. A. Accessory buildings are permitted in all land use districts that specifically allow for them. B. In residential zoning districts, no accessory building shall be located on any lot in the absence of a main building used as a residence; except that in the case of a vacant lot, zoning compliance for an accessory building (used solely for the storage of tools and materials needed for the construction of the permitted residence) may be issued at the same time zoning compliance and a building permit are issued for a residence. 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. [Ord. 2001-01 §3, 2001; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.030]. 17.160.040 Height limit. The maximum height of an accessory building is ; 35 feet. An exception to this section is any structure that meets the definition of an amateur radio antenna as outlined in AS 29.35.141. [Ord. FY2006-08 §2, 2006; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.0401. 17.160.050 Area. A. The maximum lot coverage of the total of all accessory buildings on a lot shall not exceed 10 percent of the area of a lot except that on any lot of record, accessory buildings may cover a maximum of 600 square feet of the lot or 10 percent of the area of the lot, whichever is greater. B. Accessory dwelling units are exempt from the lot coverage limitations of this section. 17.160.060 Setbacks. The minimum yard setbacks requirements for accessory buildings and accessory dwelling units are those established for the zoning district in which the accessory building or accessory dwelling unit will be located. 17.160.070 Accessory dwelling units. A. Intent. Accessory dwelling units (ADUs) add options and housing choice in residential neighborhoods and can be an effective way to add affordable housing to existing neighborhoods. ADUs also provide a flexible way to address family needs for additional housing. ADUs are not intended for use as transient housing and shall not be permitted for use as a bed and breakfast. 1. ADUs are not intended to allow a two-family residence in the -R4any single-family residential zoning district. 2. ADUs are not intended to circumvent the parking requirements for a two-family dwelling (duplex) in the R-2 zoning district. B. Permitted Uses. 1. ADUs are a permitted use in the following residential zoning districts: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-21 Page 4 of 8 Final Versa - 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 1)?? 223 a. Chapter 17.50 KIBC, C -Conservation District: d. Chapter 17.75 KIBC, R1 -Single-family Residential District (attached); e. Chapter 17.80 KIBC, R2 -Two-family Residential District. C. Conditional Uses. 1. ADUs are a conditional use in the following residential zoning districts: a. Chapter 17.65 KIBC, RR -Rural Residential District; b. Chapter 17.70 KIBC, RR1-Rural Residential One District (detached); c. Chapter 17.75 KIBC, R1 -Single-family Residential District (detached). D. Development Standards for ADUs. 1. Only one ADU shall be permitted on a lot. 2. Location. An ADU may be attached to or located within a single-family residence or within a detached accessory building on the same lot as the single-family residence or as a separate structure on that lot. If the ADU is located within a single-family dwelling, there shall only be one entrance to the front of the house. Separate entrances to an ADU located within the principal dwelling or attached to it are permitted at the side or the rear of the principal dwelling unit. 3. ADUs are required to comply with all applicable building and fire code requirements. 4. Water supply and wastewater disposal. The accessory dwelling unit must have a bathroom and shall share the same sewage disposal and water supply systems (e.g., a well and septic system or connection to public water and sewer) as the principal dwelling unit unless separate sewer and water connections are required by the City of Kodiak, ADEC, or the communities of Ahkiok. Karluk, Larsen Bay, Old Harbor. Ouzinkie, or Port Lions. 5. One (1) additional parking space sk}a41-beprevicled-feris required with an ADU. 6. Size Limit. a. An ADU shall be limited to 480 square feet or less. b. Mobile homes, recreational vehicles, campers, senesces, and travel trailers are not permitted to be used as an ADU. 97. The owner of the property shall live in the principal dwelling or the ADU. 98. No new access points or driveways shall be created or installed for access to the ADU. 4-09. Nonconforming structures. a. ADUs may be located within an existing single-family detached dwelling that is nonconforming with respect to required setbacks, provided the ADU requirement for off-street parking is met. b. ADUs are prohibited in any accessory structure that is nonconforming with respect to required setbacks. 4410. 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion —Bold, Blue, Underlined Ordinance No. FY2017-21 Page 5 of 8 Final Version 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 b. Exterior doors and openings required by this code or the IBC shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from the apparatus access roads to exterior openings shall be provided when required by the fire code official. 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 (ADUs), crew quarters in support of commercial set -net fishing and lodge operations, banyas, outhouses, etc.); Chapter 17.60 RR2 — RURAL RESIDENTIAL TWO DISTRICT 17.60.020 Permitted uses. The following land uses and activities are permitted in the rural residential two district: A. Accessory buildings and accessory dwelling units (ADUs); Chapter 17.65 RR— RURAL RESIDENTIAL 17.65.040 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Firework stands; and B. Recreational vehicle parks -Land C. Accessory dwelling units (ADUs). Chapter 17.70 RR1 — RURAL RESIDENTIAL ONE DISTRICT 17.70.020 Permitted uses. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-21 Page 6 of 8 Final Version 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 The following land uses are permitted in the rural residential one district: K. Recreational cabins; L. Hoop houses ; and M. Accessory dwelling units (ADUs) (attached). 17.70.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Firework stands; anj B. Recreational vehicle parks. -Land C. Accessory dwelling units (ADUs) (detached). Chapter 17.75 R1 — SINGLE-FAMILY RESIDENTIAL DISTRICT 17.75.020 Permitted uses. The following land uses and activities are permitted in the single-family residential district: F. Single-family dwellings; and G. Hoop houses, and H. Accessory dwelling units (ADUs) (attached). 17.75.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: D. Vacation homes; aracl E. Recreational vehicle parks -Land F. Accessory dwelling units (ADUs) (detached). Chapter 17.80 R2 — TWO-FAMILY RESIDENTIAL DISTRICT 17.80.020 Permitted uses. The following land uses are permitted in the two-family residential district: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-21 Page 7 of 8 Final `ver; ,t 314 315 N. Bed and breakfasts; and 316 O. Hoop houses- 317 P. Accessory dwelling units when there is a single-family residence on the property. 318 319 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 320 support of their approval of these amendments: 321 322 1. There is a growing need for housing options in Kodiak. The use of accessory 323 dwelling units may be one part of a regulatory solution to address this multi - 324 faceted issue. 325 326 2. Current KIBC Title 17 (Zoning) does not include regulatory requirements for 327 accessory dwelling units and does not list them as a permitted or conditional 328 use in any zoning district. 329 330 3. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 331 KIBC provide the regulatory requirements for accessory dwelling units and list 332 accessory dwelling units as a permitted or conditional use in certain 333 residential zoning districts. 334 335 4. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 336 KIBC are consistent with the adopted Comprehensive Plan goals and policies 337 related to housing and specifically, affordable housing. 338 339 5. The Planning and Zoning Commission recommends approval of the 340 amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 341 KIBC. 342 343 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 344 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 345 346 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 347 THIS FIFTEENTH DAY OF JUNE, 2017. 348 349 KODIAK ISLAND BOROUGH ATTEST: 35 3511 352 (tel 353 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk ` 354 355 VOTES: 356 Ayes: Crow, LeDoux, Townsend, Smiley, Symmons, and Van Daele 357 Noes: Skinner Kodiak Island Borough, Alaska Ordinance No. FY2017-21 Deletion — Red, Strikeout Page 8 of 8 Insertion — Bold, Blue, Underlined Final Versos.