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1979-01 Rezoning Lots 12 Through 18, Block 2, and Lots 9 Through 16, Block 3, Allman Subdivision From R-1 to Business With Special Limitations.f KODIAK ISLAND BOROUGH ORDINANCE NO 79 -1 -0 (A) AN ORDINANCE OF THE KODIAK ISLAND BOROUGH REZONING LOTS 12THROUGH 18 AND Lots 9 THROUGH 16, 6, BLOCK 3, ALLMAN SUBDIVISION FROM R -1 TO BUSINK E WITH SPECIAL LIMITATIONS. WHEREAS, Title 29 Section 29.33.090 (a) of the Alaska State Statutes provides .the Borough Assembly shall regulate the use of land by districts or .ontract zoning in accordance with the Comprehensive Plan, and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has recommended the above referenced property be rezoned from R -1 (single family r esidential) to Business with Special Limitations. WHEREAS, the owners of the property have agreed to the Special Use Limit- ations allowed in this business zoning use district. THE KODIAK ISLAND BOROUGH ASSEMBLY HEREBY ORDAINS: Section 1. That Lots 12 through 18, Block 2, and Lots 9 through 16, Block 3, Allman Subdivision are hereby rezoned from R -1 (single family resid- ential) to Business with the following Special Limitations. The provisions of this ordinance shall supercede all existing and and subsequent land use zoning regulations as they may apply to the property so long as this ordinance is in effect. And this ordinance shall be binding on all existing and sub- sequent owners of the property Section 2. All building plans are subject to a site plan review by the Planning and Zoning Comnission.before a building permit is issued. Section 3. A. INTENT. It is the intent of this district to permit recreational uses and a limited number of business on this property which by their character and intensity will not adversely impact the adjacent public park lands. B. PERMITTED PRINCIPAL USES AND STRUCTURES: 1. Apartment buildings. 2. Business buildings with apartments above the first floor. 3. Restaurants 4. Beauty shops 5. Barber shops 6. Offices subject to a maximum gross floor area limit of 5,000 sq.; 7. Commercial recreations facilities C PERMITTED ACCESSORY USES AND STRUCTURES. 1. Accessory buildings. 2. Home occupations 3. Signs subject to review and approval by the P & Z Commission. D. CONDITIONAL USES. Subject to the provisions of Title 17 of the Kodiak Island Borough Code of Ordinance and review and approval by the Planning and Zoning Commission. 1. Mobile home parks. 2. Group housing developments. 3. Townhouse developments 4. Planned unit development 5. Amusement parks and arcades. .6. Golf driving ranges. 7. Pitch and putt golf courses. 8. Hospitals, sanitariums and nursing homes 9. Veterinarians office with boars; ng kennels and animal hospitals. providing all kennels are a fully enclosed building. 10. Private clubs and lodges. 11. Churches. 12. Retail stores subject to a maximum gross floor area limit of 1,000 square feet. E. PROHIBITED USES AND STRUCTURES. G. 2. 2 A 2 r Any use or structure not specifically listed in Sections "B ", "C ", and "D" of this Ordinance. Any use which causes or may reasonably be expected to cause excessive noise, vibrations, odor, smoke,dust or other part- iculate matter, toxic, or noxious matter, humidity, heat or glare at or beyond any lot line of the lot on which it is located. "Excessive" is defined for these purposes as a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious to the public healthy, safety, welfare or convenience F. MINIMUM LOT REQUIREMENTS. 1. Lot width - 60 feet. 2. Lot area - 7,200 square feet. MINIMUM YARD REQUIREMENTS. 1. Front yard - 35 feet. 2. Side yard abutting another lot 0 or 5 feet. 3. Side yard abutting another street 0 or 35 feet. 4. Rear yard - 20 feet. 5. Rear yard abutting a street - 35 feet. 6. Side yard where it abutts a residential district - 20 feet. H. MAXIMUM LOT COVERAGE. 1. Unrestricted. 1. MAXIMUM HEIGHT OF BUILDING AND STRUCTURES. 1. Principal buildings three stories not to exceed 35 feet 2. Accessory buildings one story not to exceed 14 feet. 1 it I I PAGE 3 ATTEST: J. GROUP COVER. All areas not devoted to buildings, structures, sur aced drives, walks or parking areas shall be covered and maintained with one or more of the following to minimize dust, erosion and sedimentation; gravel, concrete, asphalt, grass, shrubbery, trees or other suitable around cover materials. K. RE UIRED OFF STREET PARKING AND LOADING. Adequate off street and oading spaces sha be provided in connection with any permitted use in accordance with the applicable provisions of Title 17 (Zoning Ordinance) of the Kodiak Island Borough Code of Ordinances. PASSED AND APPROVED THIS 22nd BY Borough "1 DA;' OF KODIAK ISLA'D BOROUGH FIRST READING AND APPROVAL DATE: January 12, 1979 SECOND READING, PUBLIC HEARING DATE: February 6, 1979 PASSAGE AND EFFECTIVE DATE: February 22, 1979 P REPARED BY Planning Department RE COMMENDED BY Planning and Zoning Commission ;R EQUESTED BY Bertha Pratt, Dr. Furin and Art Bors February , 1979. 1 n 1 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH REZONING LOTS 12 THROUGH 'Is, BLOCK WI, AND NDELO 9ITIROUIHN16, BLOCK 3, ALLMAN SUBDIVISION FROM R -1 TO C WHEREAS, Title 29 Section 29.33.090 (a) of the Alaska State Statutes Pro vides the Borough Assembly shall regulate the use of •nd by districts or contract zoning in accordance with the Comprehensiv lan, and, WHEREAS, the Kodiak Island Borough Plan ng and Zoning Commission has recommended the .above referenced property be ezoned from R -1 (single family ( r esidential) to Business with special lim ations. WHEREAS, the owners of the pro rty have agreed to the special use 'limitations allowed in this business oning use district. THE KODIAK ISLAND BOROUGH SEMBLY HEREBY ORDAINS: Section 1. That Lots 12 hrough 18, Block 2, and Lots 9 through 16, Block 3, Allman Subdivision ar- hereby rezoned from R -1 (single family resid- ential) to Business with the ollowing special limitations. The provisions of this ordinance shall sup cede all existing and subsequent land use zoning regulations as they may a -ply to the property so long as this ordinance is in effect. And this ordinan e shall be binding on all existing and subsequent owners of the property. Section 2. KODIAK ISLAND BOROUGH ORDINANCE NO. 79 -1 -0 A. INTENT , It is the intent of this district to permit a limited numbe4'f recreational or business uses on this property which by t 1 i character and intensity will not adversely inpact the adj• J nt public park lands. B. PE l TTED PRINCIPAL USES AND STRUCTURES: 1. Apartment Buildings 2. Business Buildings with Apartments Above the First Floor. 3. Restaurants 4. Beauty Shops 5 Barber Shops - 6 Offices • Commercial Recreations Facilities Subject to a Site Plan Review by the P & Z Commission. • Retail Stores Subject to a Maximum Gross Floor Area Limit of 1,000 Square Feet. PAGE 2 C. PERMITTTED ACCESSORY USES AND ST 1. Accessory Buildings. 2. Home Occupations. 3. Signs Subject to Review and D. CONDITIONAL USES. Subject to t Kodiak Island Borough Code of by the Planning and Zoning Co 1. Mobile Home Parks. 2. Group Housing Develop 3. Town House Developme 4. Planned Unit Develo 5. Amusement Parks an 6. Golf Driving 7. Pitch and Putt G 8. Hospitals, San 9. Veterinarians Providing all 10. Private Club 11. Churches. RUCK S• Appro . by the P & Z Commission. he p •visions of Title 17 of the Or nance and review and approval ission. nts. s. ents. Arcades. s . f Course's. Homes. office with ariums and Nursing H omes. and Animal Hospitals Kennels are a Fully Boarding Kennels Building. and Lodges. PROHIBITED US - AND STRUCTURES. 1. Any use .r Structure notaSpecifically Listed in Sections B., 2. Any us which causes or may C., and D. o reasonably be expected to cause = ve h noise, parts la a a mat atter, r, vibrations, noxious omatter, humidity h or g parti are at or beyo any lot line of the lot on which i 11 0 e re o•• ed. "Excessive " is defined for a ee ri excnetiei that omary generated manner of o or re in their to roe injurious to the public healtty, safety, nvenience. F MI �i UM LOT RE,UIREMENTS. 1 1 Lot Width 60 Feet. Lot Area 7,200 Square Feet. NIMUM YARD RE 1. Front Yard 35 Feet. 2. Side Yard Abutting 3. Side Yard Abutting 4. Rear Yard 20 Feet. 5. Rear Yard Abutting 6. Side Yard Where it . MAXIMUM LOT COVERAGE. 1. Unrestricted. I. MP:X[MUM HEIGHT OF BUILDING AND STRUCTURES. 1. Principal Buildings Three Stories Not EToeexceedF35 Feet. 2. Accessory Buildings one story e Another Lot 0 or 5 Feet. Another Street 0 or 35 Feet. a Street 35 Feet. Abutts a Residential District. 1I n J. GROUP COVER. All areas not devoted to buildings, structures, surfaced drives, walks or parking areas shall be covered and maintained with one or more of the following to minimize dust, erosion and sedimentation; gravel, concrete, asphalt, grass, shrubbery, trees or other suitable ground cover materials. KREQUIRED OFF STREET PARKING AND LOADING. .equate off street an oa ing spaces sha permitted use in accordance with�the a•�.licableiprovisi�onsyof r Title 17 (Zoning Ordinance) of the K•• of Ordinances. iak Island Borough Code PASSED AND APPROVED THIS DAY , 1979. KODIAK ISLAND BOROUGH BY Plann De•artment PL • nin• and Zonin. Commission Februar 6, 1979 ATTEST: Borough Clerk- Treasurer FIRST READING AND APPR SECOND READING, PUBL I ( REQUESTED BY Bertha PREPARED BY / BY iEFFECTIVE DATE Borough Mayor 1 l■ " PO.. L DATE. Januar 12 1979 HEARING AND PASSAGE DATE e ratt Dr. Furin and Art Bors