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1980-19 Amending the KIB Code Title 17 to Reorganize the Residential, Unclassified and Conservation Use District Regulations, and Related Definitions and Conditional Use Standardsn 1 the char /5. ter 2 9 5 AN ORDINANCE AMENDING KODIAK ISLAND BOROUGji CODE TITLE 17 TO REORGANIZE THE RESIDENTIAL, UNCLASSIFIED Aim CONSERVATION USE DISTRICT REGULATIONS, AND RELATED DEFINXTIONS AND CONDITIONAL USE STANDARDS. KODIAK ISLAND BOROUGH ORDINANCE NO. 80 - 19 - The Kodiak Island Borough Assembly otdains: Section 1. Chapter 17.18 of the Kodiak Island Borough Code is repealed and reenacted as follows: 17.18.010 R -1: Single - Family Res dence District (Urban Lot) A. Intent. The R -1 dit 'ct is intended to include lands suited by topography and o'h natural conditions for urban development and which ar \ p ovided with a full range of public services, including sew r and water, or will be provided with such services prior todev lopment. This district is intended primarily for single- fafhily residential use at moderate population densiti B. Permittel incipal uses and structures: 1. j 2 . recreation; 3. / Public or private elementary and high schools, and institut ons of higher education; 4 Community buildings and halls, in keeping with and requirements of the district; Utilities installations, except solid waste ng;Ye- family dwellings; , playgrounds and open space for informal dispo 1 facilities, water storage dams, and water reservoirs. Permitted accessory uses and structures: 1. Home occupations; 2. Accessory buildings. D. Conditional uses. Subject to the conditional use provisions of this title, the following uses and structures may 9 5 7 be permitted: 1. Townhouses, cluster housing, and planned unit developments; 2. Mobile home subdivisions; 3. Mobile home courts; 4. Churches; 5. Water storage tanks; 6. Fishing gear storage in accessory buildings. E. Prohibited uses and structures: 1. Any use or structure not of a character indicated under Permitted Principal Uses and Structures or permitted as a Conditional Use; 2. Any use which causes or reasonably may be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate 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 a degree injurious to the public health, safety, welfare, or convenience. F. Minimum lot requirements: 1. Lot width: 60 feet; 2. Lot area; 6000 square feet. G. Minimum yard requirements: 1. Front yard: 20 feet; 2. Side yard: one side yard shall be at least 5 feet and one side yard shall be at least 10 feet; 3. Rear yard: 20 feet. H. Maximum lot coverage by all buildings and structures: 50%. I. Maximum height of buildings and structures: 1. Principal buildings and structures shall not exceed 30 feet in height, except as otherwise provided by this title; 2. Accessory buildings shall not exceed 14 feet in 'l 1 ! 5 height. J. Required offstreet parking and loading shall be provided in accordance with Chapter 17.57. 17.18.020 R -2: Two- Family Residence District A. Intent. The R -2 district is intended to include lands suited by topography and other natural conditions for urban development and which are provided with a full range of public services, including sewers and water, or are intended to be provided with such services in the near future. This district is intended primarily for single - family and two- family dwellings at moderate population densities, but structures and uses required to serve governmental, educational, religious, recreational and other needs of residential areas are allowed as conditional uses subject to restrictions intended to preserve and protect the residential character of the R -2 district. B. Permitted principal uses and structures: 1. Single - family and two - family dwellings; 2. Parks, playgrounds and open space for informal recreation; 3. Public or private elementary and high schools, and institutions of higher education; 4. Community buildings and halls, in keeping with the character and requirements of the district; 5. Utilities installations, except solid waste disposal facilities, water storage dams, and water reservoirs. C. Permitted accessory uses and structures: 1. Home occupations; 2. Accessory buildings. D. Conditional uses. Subject to the conditional use provisions of this title, the following uses and structures may •be permitted: 1. Townhouses, cluster housing and planned unit developments; I ^ 2 9 5 2. Mobile home parks; 3. Churches; 4. Quasi - institutional homes; 5. Indoor swimming pools; 6. Fishing gear storage in accessory buildings. E. Prohibited uses and structures: 1. Any use or structure not of a character indicated under Permitted Principal Uses and Structures or permitted as a Conditional Use; 2. Any use which causes or reasonably may be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate 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 a degree injurious to the public health, safety, welfare, or convenience. F. Minimum lot requirements: 1. Lot width: 60 feet; 2. Lot area: 6000 square feet. Minimum yard requirements: 1. Front yard: 20 feet; 2. Side yard: 10 feet; 3. Rear yard: 20 feet. H. Maximum lot coverage by all buildings and structures: 50%. G . I. Maximum height of buildings and structures: 1. Principal buildings and structures shall not exceed 30 feet in height, except as otherwise provided by this title; 2. Accessory buildings shall not exceed 14 feet in height. J. Required offstreet parking and loading snall be provided in accordance with Chapter 17.57. 1 .1 1 I 7 9% 17.18.030 R -3: Multiple Family Residence District A. Intent. The R -3 district is intended to include lands suited by topography and other natural conditions for urban development and which are provided with a full range of public services, including sewers, water, fire protection ana collector or arterial streets, or are intended to be provided with such services in the near future. This district is intended primarily for multiple - family residences at moderately high population densities, but structures required to serve governmental, educational, religious, recreational and limited commercial needs are allowed as permitted or conditional uses subject to restrictions intended to preserve and protect the residential character of the R -3 district. H. Permitted principal uses and structures: 1. Single - family, two - family and multiple - family dwellings; 2. Parks, playgrounds and open space for informal recreation; 3. Public or private elementary ana high schools, and institutions of higher education; 4. Community buildings and halls, in keeping with the character and requirements of the district; 5. Utilities installations, except solid waste disposal facilities, water storage dams, and water reservoirs; 6. Churches. C. Permitted accessory uses and structures: 1. Home occupations; 2. Accessory buildings. D. Conditional uses. Subject to the conditional use provisions of this title, the following uses and structures may be permitted: developments; 1. Townhouses, cluster housing and planned unit 2. Boardinghouses and dormitories; 3. Mobile home parks; 4. Churches; 4. Quasi - institutional homes; 5. Barber and beauty shops, meaical clinics, doctor's offices and dentist's offices; 6. Indoor swimming pools; E. Prohibited uses and structures: 1. Any use or structure not of a character inaicated under Permitted Principal Uses and Structures or permitted as a Conditional Use; 2. Any use which causes or reasonably may be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate 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 a degree injurious to the public health, safety, welfare, or convenience. F. Minimum lot requirements: 1. Lot width: 60 feet; 2. Lot area: Minimum Lot Area Number of Dwelling Units 6,000 sq. ft. 1 6,000 sq. ft. 2 7,200 sq. ft. 3 7,200 sq. ft. 4 8,500 sq. ft. 5 Plus 1,000 sq. ft. for each dwelling unit in excess of 5. G. Minimum yard requirements: 1. Front yard: 20 feet; 2. Side yard: 10 feet; 3. Rear yard: 20 feet. H. Maximum lot coverage by all buildings and structures: 60%. I. Maximum height of buildings and structures: r1 9 1. Principal buildings and structures snail not exceed 3 stories or 38 feet in height, except as otherwise provided by this title; 2. Accessory buildings shall not exceed 14 feet in height. J. Ground cover. All areas not devoted to buildings, structures, surface drives, walks or parking areas shall be covered with one or more of the following: gravel, concerete, asphalt, grass, shrubbery, trees, or other suitable ground cover materials. K. Required offstreet parking and loading shall be provided in accordance with Chapter 17.57. 17.18.040 R -4: Rural Residential A. Intent. The rural residential district is'intended to include lands where public sewers and water are not planned in the near future, but where other public services may be and soil conditions allow development available and topography at low population density that can rely on on -site water supply and waste disposal systems without creating public health hazards. This district is intended primarily: 1) for areas devoted to large -lot rural year -round residential use, adjacent to existing or planned future population centers, and 2) for areas devoted to temporary or summer residential use in rural areas. The regulations and restrictions in the R-4 district are intended to protect the residential character of these areas and conserve their environmental resources. B. Permitted principal uses and structures: 1. Single dwellings, including mobile homes; 2. Parks, playgrounds, playfields, golf courses and open space for informal recreation; and high 3. Public or private nursery, elementary schools, and institutions of higher education; 4. Community buildings and halls; 5. Utilities installations, except solid waste f ' ? 9 4 disposal facilities. C. Permitted accessory uses and structures: 1. Home occupations; 2. Accessory buildings; 3. Outdoor storage of fishing gear for personal use. D. Conditional uses. Subject to the conditional use provisions of this title, the following uses and structures may be permitted: 1. Planned unit developments; 2. Mobile home subdivisions; 3. Churches; 4. Museums dependent on immediate proximity to a particular historical site; 5. Open -air amphitheaters; 6. Riding stables, private clubs and country clubs; 7. Recreational boat ramp; 8. Truck gardening, tree nurseries, greenhouses and aquaculture operations; 9. • Veterinary practices and animal hospitals with animal boarding establishments; 10. Natural resource extraction; 11. Indoor swimming pools; 12. Outdoor storage of commercial fishing gear. E. Prohibited uses and structures: 1. Any use or structure not of a character indicated under Permitted Principal Uses and Structures or permitted as a Conditional Use; 2. Any use which causes or reasonably may be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate 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 a degree injurious to the public health, safety, welfare, or convenience. ' n i l! 2 7 F. Minimum lot requirements: 1. Lot width: 120 feet; 2. Lot area: a) 40,000 square feet where no public sewer or water services are provided. b) 25,000 square feet when public water service is provided but where septic tanks or other individual sewage disposal devices are to be installed, if approved by the State Sanitarian based upon Alaska. Division of Health requirements. 30 %. G. Minimum yard requirements: 1. Front yard: 25 feet; 2. Side yard: 10 feet; 3. Rear yard: 25 feet. H. Maximum lot coverage by all buildings and structures: I. Maximum height of buildings and structures: 1. Principal buildings and structures shall not exceed 30 feet in height, except as otherwise provided by this title; 2. Accessory buildings shall not exceed 14 feet in height, except for agricultural accessory buildings, which shall not exceed 50 feet in height. J. Required offstreet parking and loading shall be provided in accordance with Chapter 17.57. 17.18.050 R -5: Conservation District A. Intent. The conservation district is intended to include lands in areas where no public sewers and water are planned and other public services are intended to be provided on a limited basis only, or where topography or other natural conditions are unsuitable for development of other than rural character and the provision of public sewers and water would be unfeasible at any time. The regulations and restrictions in the R -5 district are intended to conserve the environmental and 2 9 7 ri aesthetic resources of lands in this district while allowing limited development and maintenance of a range of rural land uses on lands suitable for such development without public utilities. The regulations and restrictions are also intended to prevent the development of population concentrations of a density that might eventually lead to requirements for public services and improvements in areas where the provision of these services and improvements would be contrary to the comprehensive plan. B. Permitted principal uses and structures: 1. Single - family dwellings and one mobile home; 2. All agricultural uses, including farming, stock raising, truck gardening, tree nurseries, greenhouses, kennels, small animal or poultry raising, fishing camps, and aquaculture operations; 3. Parks, campgrounds, playgrounds, playfields, and open space for informal recreation; 4. Outdoor storage of fishing gear; 5. Utilities installations; 6. Public or private elementary ana high schools, and institutions of higher education. C. Permitted accessory uses and structures: 1. Home occupations; 2. Accessory buildings and structures. D. Conditional uses. Subject to the conditional use provisions of this title, the following uses and structures may be permitted if approved water supply and waste disposal systems are provided by the developer: 1. Golf courses, riding stables, hunting and fishing lodges and other public or quasi - public outdoor recreation facilities; 2. Veterinary practices and animal boarding establishments; 3. Airports; 4. Private clubs and country clubs; n 1 1 1 2 9 7 4 5. public harbors and moorages; 6. Natural resource extraction operations; 7. Sawmills, pulpmills and petrochemical operations; 8. Petroleum exploration and development, marine service bases, and oil terminals; 9. Seafood processing operations. E. Prohibited uses and structures: 1. Any use or structure not of a character indicated under Permitted Principal 'Uses and Structures or permitted as a Conditional Use; 2. Any use which causes or reasonably may be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate 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 a degree injurious to the public health, safety, welfare, or convenience. F. Minimum lot requirements: 1. Lot width: 240 feet; 2. Lot area: 5 acres. G. Minimum yard requirements: 1. Front yard: 50 feet; 2. Side yard: 25 feet; 3. Rear yard: 50 feet. H. Maximum lot coverage by all buildings and structures: 30%. I. Maximum height of buildings and structures: 1. Principal buildings and structures shall not exceed 30 feet in height, except as otherwise provided by this title; 2. Accessory buildings shall not exceed 14 feet in height, except for agricultural accessory buildings, which shall not exceed 50 feet in height. 1 ! 2 9 7 7 J. Ground cover. All areas not devoted to ouilaings, structures, surface drives, walks, or parking areas shall be covered with one or more of the following to minimize aust, erosion and sedimentation: gravel, concrete, asphalt, grass, shrubbery, or other suitable ground cover materials. K. Required offstreet parking and loading shall be provided in accordance with Chapter 17.57. Section 2. Chapter 17.12 of the Kodiak Borough Code is repealed. All unclassified use districts are redesignated as R -4 use districts. Section 3. Chapter 17.15 of the Kodiak Island Borough Code is repealed. All conservation use districts are redesignated as R -5 use districts. Section 4. Kodiak Island Borough Code 17.09.010 is repealed and reenacted as follows: 17.09.010 Districts Established The Borough is divided into the following use districts: A. Residential (R) districts: 1. R -1 Single - family residence district; 2. R -2 Two- family residence district; 3. R -3 Multiple - family residence district; 4. R -4 Rural residential district; 5. R -5 Conservation district. B. Business (B) districts. C. Industrial (I) districts. D. Industrial Reserve (IR) districts. E. Watershed (W) districts. 1 1 1 "I 1 ) 7 9 7 9 Section 5. Kodiak Island Borough Code 17.60.020, 17.60.030, 17.60.040 and 17.60.070 are amended as follows: 17.60.020 [0 or] R District -Sign Mountings, Area In an [0 or] R district, the following signs are permitted: (Remainder of section unchanged.) 17.60.030 [0 or] R District - Announcement Sign or Bulletin Board In an (U or] R district, one announcement sign or bulletin board not exceeding twenty square feet for a church or public or charitable institution is permitted. Such sign shall be located at least five feet back from the front lot line and on the same lot as the principal building. 17.60.040 [U or] R District -Tract Development or Housing Project Sign In an [U or] R district, one sign not exceeding one hunared square feet to advertise a tract development or housing project of at least two acres in area is permitted. Such sign must be located at least thirty feet from any street line and on the property being developed, and shall not be maintained for more than one year. 17.60.070 [U or] R District - Illuminated Sign No sign illuminated with flashing or intermittent lighting shall be permitted in an [U or] R district. Section 7. Kodiak Island Borough Code 17.06.255, 17.06.270, 17.06.280, 17.06.290, 17.06.310, 17.06.540 and 17.06.550 are repealed. Section 8. Kodiak Island Borough Code chapter 17.06 is amended by adding the following definitions: i 0 1 1 1 12 9 7 9 "Mini- warehouse" means a completely enclosed structure containing three or more areas or rooms available for lease or rent to any individual or group of individuals for the purpose of the general storage of household goods and noncommercial personal property. Each individual rental area shall be separated from all other such units and shall be fully enclosed. No storage unit may have an area greater than 1,000 square feet. "Mobile home" means a detached, single - family dwelling designed for long -term human habitation and having complete living facilities, constructed and fabricated into a complete unit at a factory and capable of being transported to location of use on its own chassis and wheels, identified by a model number and serial number by its manufacturer, and designed primarily for placement on an impermanent foundation. "Mobile home park" means any parcel or adjacent parcels of land in the same ownership which is utilized for occupancy by more than two mobile homes. This term shall not be construed to mean tourist facilities for parking of travel trailers or campers. "Natural resources extraction" means commercial or industrial operations involving removal of timber, native vegetation, peat, topsoil, fill, sand, gravel, rock, or any mineral and other operations having similar characteristics. "Quasi - institutional house" means a residential facility located in a structure or residence or any living unit thereof designed, used or intended for use as a human habitation, the principal use or goal of which is to serve as a place for persons seeking rehabilitation or recovery from any physical, mental, emotional, or legal infirmity, ?TEST °u gh C erk 7 9 7 or any combination thereof a group rehabilitate , In a family setting as part of g, self_ Y Program utilize help o other treatment ng co unselin "Tow °r assistance. n house" means a building single-family containing not mil dwellin less than three on adjoining g units erected 9 lots, each being in a single row, unit or units by an separated from approved part m the adjoining a pproved basement of either Y wall or walls, extending lot line, floor to the roof along the linking Section The following conditional granted until standards been shall not therefor have be To wnhouse s en enacted in Title 17: Cluster Housing Planned Unit Developments Mobile Home Subdivisions Mobile Home Parks Natural Resource Extraction Operations Section 10. � This ordinance shall be eftective and approval. PASSED u p o n Passag AND APPROVED this MAYOR day of . 1980.