FY2018-02 Creating A New Zoning District For Single-Family Dwellings. (P&Z Case No. 17-014)1
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Introduced by: KIB Assembly
Drafted by: CDD
Introduced on: 08/17/2017
Public Hearing Date: 09/07/2017
Postponed: 09/21/2017
2nd Public Hearing Date: 09/21/2017
Adopted on: 09/21/2017
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-02
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL -RESIDENTIAL SMALL
LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL
ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE
BOROUGH (P&Z CASE NO. 17-014)
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 (AS); 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 Title 17 (Zoning) of the Kodiak Island
Borough Code (KIBC) 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 public awareness of the need for additional housing options in
Kodiak; and
WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may
be one part of a regulatory solution to address this multi -faceted issue; and
WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those
urban residential zoning districts that allow development of single-family dwellings; and
WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such
development while providing sufficient yard setbacks and off-street parking; and
WHEREAS, creating a new urban residential zoning district that allows the development of
single-family dwellings on smaller lots should reduce the associated land costs and encourage
the construction of smaller housing types in that new district; and
Kodiak Island Borough, Alaska
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Insertion — Bold, Blue, Underlined
Ordinance No. FY2018-02
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WHEREAS, the public necessity, convenience, and general welfare of the community may be
better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL -
Residential Small Lot Single -Family District) to create a new zoning district that specifies the
regulatory requirements for development of single-family dwellings on smaller lots in the
Borough; and
WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed
chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015,
January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and
December 7, 2016; and
WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion
at each work session; and
WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017,
February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February
15, 2017, and May 17, 2017; and
WHEREAS, the Planning and Zoning Commission, following the May 17, 2017 public hearing,
voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter
17.77 KIBC (RSL -Residential Small Lot Single -Family District) to the Borough Assembly; and
WHEREAS, the Assembly held work sessions on August 10, 2017, August 31, 2017, and
September 14, 2017; and
WHEREAS, the Assembly held a public hearing on September 21, 2017; 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: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of the amendment:
1. There is a growing need for additional housing options in Kodiak. Allowing development
of single-family dwellings on smaller lots in the Borough may be one part of a regulatory
solution to address this multi -faceted issue.
2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those
urban residential zoning districts that allow development of single-family dwellings. Lots
smaller than 7,200 square feet are capable of accommodating such development while
providing sufficient yard setbacks and off-street parking.
3. Creating a new urban residential zoning district that allows the development of single-
family dwellings on smaller lots should reduce the associated land costs and encourage
the construction of smaller housing types in that new district.
Kodiak Island Borough, Alaska
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4. The amendment will create a new urban residential zoning district that specifies the
regulatory requirements for development of single-family dwellings on smaller lots in the
Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and
implementation actions related to land use and housing.
5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC
(Zoning) by adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family
District).
Effective Date: This ordinance takes effect upon adoption.
Chapter 17.77
RSL — RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT
Sections:
17.77.010
Description and intent.
17.77.020
Permitted uses.
17.77.030
Conditional uses.
17.77.040
Minimum size of the RSL district.
17.77.050
Prohibited lot designs.
17.77.060
Area requirements.
17.77.070
Yards.
17.77.080
Building height limit.
17.77.090
Public service requirement.
17.77.010 Description and intent.
sewer services are available. For the residential small lot single-family zoning district, in
promoting the general purposes of this title, the specific intentions of this chapter are:
A. To reduce land costs associated with single-family residential development:
B. To encourage the construction of smaller housing types;
C. To prohibit commercial, industrial, and any other use of the land which would interfere
with the development or continuation of single-family dwellings in the district; and
17.77.020 Permitted uses.
The following land uses and activities are permitted in the residential small lot single-
family district:
A. Single-family dwellings:
B. One accessory building;
C. Home occupations; and
Kodiak Island Borough, Alaska
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D. Hoop houses.
17.77.030 Conditional uses.
Reserved.
17.77.040 Minimum size of the RSL district.
A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into
10 or more lots that meet RSL district lot area, width, and design requirements is
required to establish this zoning district.
B. One or more parcels that meet the contiguous land area requirement may be rezoned
to this district, subject to the following:
1. An approved rezone shall not become effective until approval and recording of a
plat that subdivides the subject land into 10 or more lots that meet the requirements
of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and
17.77.050 Prohibited lot designs.
The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district.
17.77.060 Area requirements.
A. Lot Area.
1. The minimum lot area required is 3,600 square feet.
2. The maximum lot area allowed is 6,000 square feet.
3. Water bodies, private roads, and public access easements are excluded from lot
area calculations.
B. Lot Width.
1. The minimum lot width for an interior lot is 30 feet.
2. The minimum lot width for a corner lot is 35 feet.
17.77.070 Yards.
A. Front Yard. The minimum front yard shall be 25 feet.
B. Side Yard. The minimum side yard required is five feet. The minimum side yard
required on the street side of a corner lot is 10 feet.
C. Rear Yard. The minimum rear yard required is 10 feet.
17.77.080 Building height limit.
The maximum building height allowed is 35 feet.
17.77.090 Public service requirement.
Water and sanitary sewer service from a certificated public utility or municipal system
are required for lots in this land use district.
Kodiak Island Borough, Alaska
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY FIRST DAY OF SEPTEMBER, 2017.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
GTTFCT-
VOTES: Skinner, Symmons, Townsend, Van Daele, and Crow (Ayes); Smiley (No). Absent:
LeDoux
Kodiak Island Borough, Alaska
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