1982-45 Amending Chapter 17.36 of Borough Code on Existing UsesAN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING CHAPTER
17.36 OF BOROUGH CODE ON EXISTING USES.
The Kodiak Island Borough Assembly hereby ordains:
Section 1. That Chapter 17.36 of Borough Code is repealed and re-
enacted to read as follows:
Sections:
17.36.010
17.36.020
17.36.030
17.36.040
17.36.050
17.36.060
17.36.070
17.36.080
17.36.010 Explanation. When a lot, structure or use legally exists prior to
the adoption of an ordinance codified in this Title, but does not meet the
requirements of this Title, it shall be permitted to continue within the limitsi
set forth in this Chapter. Under such circumstances it is said to have
"nonconforming " status. There are three types of nonconforming status:
A. Nonconforming Lots. The lot width or area is smaller than the
minimum permitted in the land use district in which it is located;
B. Nonconforming Structures. The structure is designed to accommodate a
nonconforming use or fails to meet yard, height or other development
requirements established for the land use district in which it is
located;
C. Nonconforming Uses of Land and /or Structures. The use to which land
and /or structures is being put is not a permitted or conditional use
in the land use district in which it is located, and is not otherwise)
permitted in this Title.
17.36.020 Intent. Within the land use districts established by this Title there
exist lots, structures, and uses of land and structures which were lawful
before the ordinances codified in this Title were passed or amended, but which
Ordinance No. 82 -45 -0
Page 1
KnDIAK ISLAND BOROUGH
ORDINANCE NO. 82435.0
CHAPTER 17.36
EXISTING USES AND STRUCTURES
(NONCONFORMING USES)
Explanation.
Intent.
Nonconforming Lots of Record.
Nonconforming Structures.
Nonconforming Uses of Structures.
Nonconforming Uses of Land.
General Provisions.
Exception -- Junkyards.
1
would be prohibited under the existing terms of this Title or future
amendments. '
It is the intent of this chapter to permit these nonconformities to
continue until they are removed. Such uses are declared by this chapter to be
incompatible with permitted uses in the land use districts involved.
It is further the intent of this chapter that nonconformities shall not bej
enlarged upon, expanded or extended, nor be used as grounds for adding other
structures or uses prohibited elsewhere in the same district.
17.36.030 Nonconforming Lots of Record. In any district in which single- family
dwellings are permitted, notwith- standing limitations imposed by other
provisions of this Title, a single - family dwelling and customary accessory
buildings may be erected on any single lot of record existing at the effective
date of adoption or amendment of the ordinances codified in this Title. Such
lot must be in separate ownership and not of contiguous frontage with other
lots in the same ownership. This provision shall apply even though such lot
fails to meet the requirements for area or width or both, if the lot conforms
to the other regulations for the district in which such lot is located.
Variance of yard requirements and of other development requirements, except a^
specified above, shall be obtained only through action of the planning
commission as provided in Chapter 17.66 of this Title.
If two or more lots, combinations of lots, or portions of lots with
contiguous frontage in single ownership are of record at the time of passage or
amendment of the ordinances codified in this Title, and if all or part of the
lots do not meet the requirements for lot width and area as established by this;
Title, the lands involved shall be considered to be an undivided parcel for the
purposes of this Title. No portion of said parcel shall be used or sold which
does not meet the lot width and area requirements established by this Title,
nor shall any division of the parcel be made which leaves remaining any lot
with width or area below the requirements stated in this Title, except to allow
the addition to abutting land to make a standard lot, providing such sale does
not thereby create a substandard lot.
17.36.040 Nonconforming Structures. Where a lawful structure exists at the
effective date of adoption or amendment of the ordinances codified in this
Ordinance No. 82 -45-0
Page 2
1
Title that could not be built under the existing terms of this chapter by
reason of restrictions on area, lot coverage, height, yards, or other
characteristics of the structure or its location on the lot, such structure mayl
be continued so long as it remains otherwise lawful, subject to the following
provisions:
A. No such structure may be enlarged or altered in a way which increasest
its nonconformity;
B. Should such structure be destroyed by any means to an extent of more ,
than fifty percent of its replacement cost at time of destruction, it
shall not be reconstructed except in conformity to the regulations
for the provisions of this Title;
C. Should such structure be moved for any reason and for any distance
whatever, it shall thereafter conform to the regulations for the
district in which it is located after it is moved.
17.36.050 Nonconforming Uses of Structures. If a lawful use of a structure, orf
of a structure and premises in combination, exists at the effective date of j
adoption or amendment of the ordinances codified in this Title, said use may bek
continued so long as it remains otherwise lawful, subject to the following
provisions:
A. No existing structures devoted to a use not permitted by this Title
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved, or structurally altered except by
changing the use of the structure to a use permitted in the district
in which it is located;
B. Any nonconforming use may be extended throughout any part of a
building which was manifestly arranged or designed for such use at
the time of adoption or amendment of the ordinances codified in this
Title. No such use shall be extended to occupy any land outside such
building where such land was not so used at the effective date of
adoption of this chapter;
C. If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may be changed to another
nonconforming use provided that the planning and zoning commission
Ordinance No. 82 -
Page 3
1
1
7
shall find that the proposed use is equally appropriate or more
appropriate to the district than the existing nonconforming use. In
permitting such change, the planning commission may require
appropriate conditions and safeguards in accordance with the
provisions of this Title;
D. Any structure, or structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district in which such structure
is located, and the nonconforming use may not thereafter be resumed;
E. When the nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for one year or more,
the structure, or structure and premises in combination, shall not
thereafter be used except in conformance with the regulations of the
district in which it is located;
F. Where nonconforming use status applies to a structure and premises in
combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
17.36.060 Nonconforming Uses of Land. Where, at the effective date of adoption
or amendment of the ordinances codified herein, lawful use of land exists th
is made no longer permissible under the terms of the ordinances codified in
this Title, as enacted or amended, such use may be continued, so long as it
remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged, increased, or extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of the ordinances codified in this
Title;
B. No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the
effective date of adoption or amendment of the ordinances codified
herein;
C. If any such nonconforming use of land ceases for any reason for a
period of more than one year, any subsequent use of such land
Ordinance No. 82 -45 -0
Page 4
shall conform to the regulations specified by this Title for the
district in which such land is located.
17.36.070 General Provisions.
A. Signs and Display Devices. A nonconforming use of a structure, or
nonconforming use of a structure and land shall not be extended or
enlarged after passage of the ordinances codified in this Title by
attachment of additional signs to a building, or the placement of
additional signs or display devices on the land outside of the
building, or by the addition of other uses, if such additions are of ,
a nature which would be prohibited generally in the district involved)
except that this provision shall not be deemed to prohibit the
replacement of one sign with another of like size.
B. Construction Begun Prior to Passage of the Ordinances Codified
Herein. To avoid undue hardship, nothing is this chapter shall be
deemed to require a change in the plans, construction, or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of the
ordinances codified in this chapter and upon which actual building
construction has been diligently carried on. Actual construction is
hereby defined to include the placing of construction materials in
permanent position and fastened in a permanent manner, and
demolition, elimination, and removal of an existing structure in
connection with such construction, provided that actual construction
work shall be diligently carried on until the completion of the
building involved.
C. Repairs and Maintenance. On any nonconforming structure or on any
building devoted in whole or in part to any nonconforming use, work
may be done in any period of twelve consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures,
wiring or plumbing, provided that the cubical content of the building
as it existed at the time of passage or amendment of the ordinance
codified herein shall not be increased.
Ordinance No. 82 - -0
Page 5
11 i 11 -,
17 75 080 Exception -- Junkyards. Irrespective of any other provisions of this
Title, any junkyard, as defined in Chapter 17.06, located in any district other
than an I- Industrial District, is declared to be a public nuisance and not
entitled to the protective provisions of this Chapter.
Section 2. This Ordinance shall be in full force and effect upon passage
and adoption.
PASSED AND APPROVED this ?nd day of December , 1982.
KODIAK ISLAND BOROUGH
ATTEST:
Effective Date:
Requested by:_
Prepared by:
Communit
Comm►nun i t
Ordinance No. 82 -a5 -0
Page 6
November 4, 1982
First Reading Date:
Second Reading and Public Hearing Date: December 2, 1982 •
December 2, 1982
Develo
Develo
ment De
ment De
Recommendation: PAZ and Staff Recommend A
By
artment
artment
:.r:ug ayor
royal