FY2021-19 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Various Chapters Of Kibc Title 17 (Zoning) To Address Issues Such As Necessary Updates, Errors And Omissions And Procedural Clarification.1
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Introduced by: Community Development
Drafted by: Community Development Director
Introduced on: 10/15/2020
Public Hearing Date: 11/05/2020
Adopted on: 11/05/2020
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2021-19
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
VARIOUS CHAPTERS OF KIBC TITLE 17 (ZONING) TO ADDRESS ISSUES SUCH AS
NECESSARY UPDATES, ERRORS AND OMISSIONS AND PROCEDURAL CLARIFICATION.
WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning,
platting, and land use regulation on an area wide basis pursuant to Chapter 29.40 Alaska Statutes;
and
WHEREAS, code revision becomes necessary from time to time due to policy changes,
procedural updates and discovered errors; and
WHEREAS, the Planning and Zoning Commission and the Community Development
Department believe that amendments to Title 17 (Zoning) will provide for necessary updates and
procedural clarity; and
WHEREAS, The Planning & Zoning Commission held a work session on September 9, 2020;
and
WHEREAS, after a public hearing on September 16, 2020, the Planning and Zoning
Commission voted to transmit the proposed amendments to the Assembly for consideration; 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.
Section 2: That Kodiak Island Borough Code Title 17, Zoning, is amended to read as follows:
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold
2nd Insertion - Green
Ordinance No. FY2021-19
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Chapter 17.15
GENERAL PROVISIONS AND USE REGULATIONS
17.15.060 Zoning compliance.
A. A Zzoning compliance permit is required for site grading (excavation and fill), erection,
construction, demolition, establishment, moving, alteration, enlargement, repair, or conversion
of any building or structure in any district established by this title, subject to the following:
1. 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 permit will be
issued. An as -built of the property may be 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 daifeFFn Pulldiag-Gede Sestiea
303(d) and (cTas per currently adopted building code (KIBC 15.05.020).
2. 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.
B. A zoning compliance permit is required for any structure, regardless of type of
foundation or base support, including skid -mounted or other movable structure that also
requires a building permit. Minor structural developments less than 200 square feet that do
not require a building permit are not required to obtain a zoning compliance permit.
C. A zoning compliance permit is required for any change of use in a structure.
Chapter 17.25
DEFINITIONS
17.25.030 B definitions.
Building, Accessory. "Accessory building" means:
A. A detached building, the use of which is appropriate, subordinate, and customarily incidental
to that of the main building, located on the same lot as the main building 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 a 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 (farexample,
stF ..r -Ae.e the prejeGted of -Feaeds 120 squaFe feet) n str nt , a4
development that does net FequiFe a building permit i.. et . I iapte.
Kodiak Island Borough, Alaska
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Insertion - Bold
2"1 Insertion - Green
Ordinance No. FY2021-19
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"Building code" means the current adopted building code and/or other building regulations
applicable in the borough and city.
"Building official" means the officer charged with the administration and enforcement of this tit!
the building code.
17.25.050 D definitions.
"Dwelling" means a building, or any portion thereof, designed or used exclusively for residential
occupancy including one -family, two-family, and multiple -family dwellings, but not including any
other building wherein human beings may be housed.
Dwelling, Multiple -Family. "Multiple -family dwelling" means any building containing three or more
dwelling units.
Dwelling, One -Family. "One -family dwelling" means any detached building containing only one
dwelling unit.
Dwelling, Two -Family. 'Two-family dwelling" means any building containing only two dwelling
units.
Dwelling, Two -Family, Detached. "Detached two-family dwelling" means two detached
buildings on the same lot, each containing a single dwelling unit and where neither is
accessory to the other.
"Dwelling unit" means one or more rooms and a single kitchen in a dwelling designed as a unit
for occupancy by not more than one family for living or sleeping purposes, and in which not more
than two persons are lodged for hire.
17.25.130 L definitions.
"Lot Width" means the her+aental distance between' a straight lines ,^;eaSUFea at
Fight ^^^'^^ to the lot depth at ^ ^ '^` ^'''sway betweeR the connecting front and rear lot lines at
each side of the lot, measured between the midpoints of such lot lines except that such
measurement shall not extend outside the lot lines of the lot being measured.
1. When calculating flag lot width, the narrower extension of the lot that provides access
to the public road right-of-way (flat stem) shall be excluded.
17.25.140 M definitions.
"Motel" means a group of one or more detached or semidetached buildings containing two or
more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile
tourists or transients., with ^ gaFage ^ttaGhe' OF arking spaGe GenveniepmoeGatedtoeash unit,
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF NOVEMBER, 2020.
Kodiak Island Borough, Alaska
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Ordinance No. FY2021-19
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KODIAK ISLAND OROUGH
A
William oberts, Mayor
Rice,
VOTES:
Ayes: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder
Noes:
Kodiak Island Borough, Alaska
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2"d Insertion - Green
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gZASKA';
Clerk
Ordinance No. FY2021-19
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