1992-13 Creating Additional New Zoning Districts: RNC-Rural Neighborhood Commercial, UNC-Urban Neighborhood Commercial, RB-Retail Business, and LI-Light Industrial and Amending Chapter 17 of the Kodiak Island Borough CodeKODIAK ISLAND BOROUGH
ORDINANCE NO. 92 -13
Introduced by: Mayor Selby
Requested by: Assembly
Recommended by: Planning & Zoning Commission
Drafted by: Community Development Department
Introduced: 08/06/92
Public Hearing: 09/03/92
Postponed: 09/03/92
Public Hearing: 09/17/92
Amended: 09/17/92
Adopted: 09/17/92
AN ORDINANCE CREATING ADDITIONAL NEW ZONING DISTRICTS:
RNC -RURAL NEIGHBORHOOD COMMERCIAL,
UNC -URBAN NEIGHBORHOOD COMMERCIAL,
RB- RETAIL BUSINESS, AND
LI -LIGHT INDUSTRIAL
AND AMENDING TITLE 17 OF THE KODIAK ISLAND BOROUGH CODE
WHEREAS, the Kodiak Island Borough Assembly directed the Planning and Zoning
Commission to develop new "business" zoning districts; and
WHEREAS, the Planning and Zoning Commission has, after two public hearings and
numerous work sessions, recommended that the Assembly adopt the
proposed regulations for four new zoning districts and amend Kodiak Island
Borough Code 17.03.090.
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Section 2: Kodiak Island Borough Code 17.03.090 is hereby repealed and
reenacted as follows:
17.03.090 Similar uses may be permitted. A. Land uses other than those
specifically permitted in a district may be allowed if they are similar to those listed and
are found by the community development department to be similar in character and
impact.
B. Land uses other than those conditionally permitted in a district may be
allowed if they are similar to those listed and are found by the planning commission, after
a public hearing, to be similar in character and impact.
Kodiak Island Borough, Alaska Ordinance No. 92 -13
Page 1 of 10
C. In all cases, the outdoor storage of materials and equipment is prohibited
unless it is listed as a permitted or conditional use in a district.
Section 3:
Sections:
Kodiak Island Borough Code Chapter 17.22 is hereby created as follows:
Chapter 17.22
RNC - RURAL NEIGHBORHOOD COMMERCIAL
17.22.010 Description and intent.
17.22.020 Permitted principal uses and structures.
17.22.030 Permitted accessory uses and structures.
17.22.040 Conditional uses.
17.22.050 Minimum lot area and width requirements.
17.22.060 Maximum lot coverage for structures.
17.22.070 Maximum height of structures.
17.22.080 Setbacks from property lines.
17.22.090 Special district regulations.
17.22.100 Fences, parking, and signs.
17.22.110 Nonconformities.
17.22.010 Description and intent. The Rural Neighborhood Commercial Zoning
District (RNC) is intended to be applied in areas where public sewer and water service
is rS available. The Rural Neighborhood Commercial Zoning District is established for
the purpose of providing for limited retail and personal service uses for the consumer
population in the immediate neighborhoods in which such uses are located and limited
opportunities to support the tourist industry. This district is not intended for those
types of uses that will attract either the consumer population of large segments of the
community or attract large volumes of traffic. It is intended to be compactly
designed. Neighborhood commercial development in contiguous locations is
encouraged to avoid uninterrupted linear commercial development, lessen traffic
conflicts, and improve the safety and convenience of customers. Such consolidation
may also economically provide for the appropriate screening and /or landscaping
buffers needed to protect property values in adjacent residential areas.
17.22.020 Permitted principal uses and structures. A. Animal hospitals, veterinary
clinics, and boarding kennels.
B. Automobile service stations.
C. Bed and breakfasts /motels.
D. Churches.
Kodiak Island Borough, Alaska Ordinance No. 92 -13
Page 2 of 10
E. Commercial recreation facilities (e.g. racquetball courts, health clubs, ice
rinks, etc.).
F. Community halls and assembly areas.
G. Parks and playgrounds.
H. Restaurants and bars.
Retail stores and service shops (e.g. beauty shops, clinics, grocery
stores, professional offices, etc.).
J. Schools /daycare facilities.
K. A single - family dwelling if located on lot with a structure containing a
permitted business use.
L. Warehouses.
17.22.030 Permitted accessory uses and structures. A. Accessory buildings.
17.22.040 Conditional Uses. A. Institutional facilities (e.g. hospitals, fire stations,
group homes, correctional facilities, etc.).
B. Utility and service uses (e.g. substations).
17.22.050 Minimum lot area and width requirement. There is a minimum lot area of
forty thousand (40,000) square feet and a minimum width requirement of one
hundred twenty (120) feet.
17.22.060 Maximum lot coverage for structures. There is no maximum lot coverage
requirement.
17.22.070 Maximum height of structures. The maximum height limit for structures
in this district is thirty -five (35) feet.
17.22.080 Setbacks from property lines. A. There is a required front yard set back
of twenty -five (25) feet.
B. There is a required side setback of fifteen (15) feet.
C. There is a required rear setback of twenty (20) feet.
17.22.090 Special district regulations. A. Corner lots are the preferred location for
properties in this zoning district, especially those lots which front on arterial or
collector streets, and which have adequate frontage for driveway separation from an
intersection.
17.22.100 Fences, parking and signs. A. Where a lot in the neighborhood commercial
district is adjacent to a lot in a residential district, the owner of the lot in the
neighborhood commercial district shall be required to erect and maintain a solid, four (4)
foot fence along the property line, adjacent to the residential district, from the time the
property in the neighborhood commercial district is developed for any purpose.
Kodiak Island Borough, Alaska Ordinance No. 92 -13
Page 3 of 10
B. Additional regulations for fences, parking and signs are contained in Kodiak
Chapters 17.54, 17.57, and 17.60 respectively.
17.22.110 Nonconformities. Regulations for nonconformities (lots, uses and
structures) are contained in Chapter 17.36.
Section 4:
Sections:
Kodiak Island Borough Code Chapter 17.23 is hereby created as follows:
Chapter 17.23
UNC - URBAN NEIGHBORHOOD COMMERCIAL
17.23.010 Description and Intent.
17.23.020 Permitted Principal Uses and Structures.
17.23.030 Permitted Accessory Uses and Structures.
17.23.040 Conditional Uses.
17.23.050 Minimum Lot Area and Width Requirements.
17.23.060 Maximum Lot Coverage for Structures.
17.23.070 Maximum Height of Structures.
17.23.080 Setbacks From Property Lines.
17.23.090 Special District Regulations.
17.23.100 Fences, Parking, and Signs.
17.23.110 Nonconformities.
17.23.010 Description and intent. The Urban Neighborhood Commercial (UNC) Zoning
District is designed to be applied in areas where public sewer and water service is
available. The Urban Neighborhood Commercial Zoning District is established for the
purpose of providing for limited retail and personal service uses for the consumer
population in the immediate neighborhoods in which such uses are located. This district
is not intended for those types of uses that will attract either the consumer population
of large segments of the community or attract large volumes of traffic. The district is
intended to be small and compactly designed. Neighborhood commercial development
in contiguous locations is encouraged to avoid uninterrupted linear commercial
development, lessen traffic conflicts, and improve the safety and convenience of
customers. Such consolidation may also economically provide for the appropriate
screening and /or landscaping buffers needed to protect property values in adjacent
residential areas.
17.23.020 Permitted principal uses and structures. A. Boarding houses, bed and
breakfasts.
B. Coffee shops (maximum seating of 20).
Kodiak Island Borough, Alaska Ordinance No. 92-13
Page 4 of 10
C. Community halls, assembly areas (not exceeding five thousand (5,000)
square feet in gross floor area).
D. Multi- family dwellings.
E. Parks and playgrounds.
F. Retail stores and service shops (e.g. beauty shops, grocery stores, clinics,
professional offices, etc.) not exceeding five thousand (5,000) square feet in gross
floor area.
G. Schools /daycare facilities.
H. Single- family and two - family dwellings, if located within a structure
containing a permitted business use, not exceeding fifty (50) percent of the area of
the structure, and not located on the street level of the structure.
17.23.030 Permitted Accessory Uses and Structures. A. Accessory buildings.
17.23.040 Conditional Uses. A. Animal hospitals, veterinary clinics, and boarding
kennels.
B. Automobile service stations.
C. Churches.
D. Commercial recreation facilities (e.g. racquetball courts, health clubs, ice
rinks, etc.).
E. Institutional facilities (e.g. hospitals, fire stations, group homes, correctional
facilities, etc.).
F. Utility and service uses (e.g. substations, etc.).
17.23.050 Minimum lot area and width requirement. There is a minimum lot area of
seven thousand two hundred (7,200) square feet and a minimum width requirement of
sixty (60) feet.
17.23.060 Maximum lot coverage for structures. There is no maximum lot coverage
requirement.
17.23.070 Maximum height of structures. The maximum height limit for structures in
this district is thirty - five (35) feet.
17.23.080 Setbacks from property lines. A. There is a required front yard set back
of twenty -five (25) feet.
B. There is a required side yard setback of five (5) feet.
C. There is a required rear yard setback of ten (10) feet.
17.23.090 Special district regulations. A. Corner lots are the preferred location for
properties in this zoning district, especially those lots which front on arterial or
collector streets, and which have adequate frontage for driveway separation from an
intersection.
Kodiak Island Borough, Alaska Ordinance No. 92 -13
Page 5 of 10
B. A proposed UNC district should be located at least one -half (1/2) of a mile
(measured along the shortest roadway length between the two closest lot lines) from
an existing or approved neighborhood commercial district. Lots adjacent to existing
developed neighborhood commercial lots are exempt from this separation requirement.
17.23.100 Fences, parking and signs. A. Where a lot in the neighborhood commercial
district is adjacent to a lot in a residential district, the owner of the lot in the
neighborhood commercial district shall be required to erect and maintain a solid, four (4)
foot fence along the property line, adjacent to the residential district, from the time the
property in the neighborhood commercial district is developed for any purpose.
B. Additional regulations for fences, parking and signs are contained in Chapters
17.54, 17.57, and 17.60 respectively.
17.23.110 Nonconformities. Regulations for nonconformities (lots, uses and
structures) are contained in Chapter 17.36.
Section 5:
Sections:
Kodiak Island Borough Code Chapter 17.25 is hereby created as follows:
Chapter 17.25
RB - RETAIL BUSINESS
17.25.010 Description and Intent.
17.25.020 Permitted Principal Uses and Structures.
17.25.030 Permitted Accessory Uses and Structures.
17.25.040 Conditional Uses.
17.25.050 Minimum Lot Area and Width Requirements.
17.25.060 Maximum Lot Coverage for Structures.
17.25.070= Maximum Height of Structures.
17.25.080 Setbacks From Property Lines.
17.25.090 Special District Regulations.
17.25.100 Fences, Parking, and Signs.
17.25.110 Nonconformities.
17.25.010 Description and intent. The Retail Business (RB) Zoning District is established
for the purpose of providing for a wide range of retail and service businesses for the
consumer population of large segments of the community. Because of the potential for
heavy traffic and the appearance and performance of these uses, this district is located
on the periphery of residential areas and at the intersections of arterial and major collector
streets and roads.
Kodiak Island Borough, Alaska Ordinance No. 92 -13
Page 6 of 10
17.25.020 Permitted principal uses and structures. A. Automobile service stations.
B. Boarding houses, hotels and motels.
C. Commercial recreational facilities (e.g. health clubs, racquetball courts, ice
rinks, etc.).
D. Multi- family dwellings - not located on the street level of the structure.
E. Parks and playgrounds.
F. Retail stores and service shops (e.g. beauty shops, grocery stores clinics,
professional offices, etc.).
G. Restaurants and bars.
H. Single- family and two - family dwellings, if located within a structure
containing a permitted business use, not exceeding fifty (50) percent of the area of
the structure, and not located on the street level of the structure.
I. Schools /daycare facilities.
J. Shopping centers.
K. Theaters, auditoriums, community halls.
17.25.030 Permitted accessory uses and structures. A. Accessory buildings.
B. Outdoor retail display (e.g. small quantities of inventory).
17.25.040 Conditional uses. A. Automobile and boat sales, storage and repair
B. Churches.
C. Institutional facilities (e.g. hospitals, fire stations, group homes, correctional
facilities, etc.).
D. Outdoor storage, when screened by a sight obscuring fence, a minimum of
six (6) feet in height.
E. Utility and service uses (e.g. substations, etc.).
F. Warehouses.
G. Wholesaling and distributing operations (excluding bulk fuel operations).
17.25.050 Minimum lot area and width requirement. There is no minimum lot area or
width requirement except as may be required by the State of Alaska Department of
Environmental Conservation in areas where community sewer and water is not available.
17.25.060 Maximum lot coverage for structures. There is no maximum lot coverage
requirement.
17.25.070 Maximum height of structures. The maximum height limit for structures in
this district is fifty (50) feet. Airport protection and safety regulations may limit building
height.
Kodiak Island Borough, Alaska Ordinance No. 92 -13
Page 7 of 10
17.25.080 Setbacks from property lines. There are no required setbacks in this district.
17.25.090 Special district regulations. There are no special regulations for this district.
17.25.100 Fences, parking and signs. A. Where a lot in the retail business district is
adjacent to a lot in a residential district, the owner of the lot in the retail business district
shall be required to erect and maintain a solid, four (4) foot fence along the property line
adjacent to the residential district, from the time the property in the retail business district
is developed for any purpose.
B. Additional regulations for fences, parking and signs are contained in Chapters
17.54, 17.57, and 17.60 respectively.
17.25.110 Nonconformities. Regulations for nonconformities (lots, uses and structures)
are contained in Chapter 17.36.
Section 6:
Sections:
Kodiak Island Borough Code Chapter 17.27 is hereby created as follows:
Chapter 17.27
LI - LIGHT INDUSTRIAL
17.27.010 Description and Intent.
17.27.020 Permitted Principal Uses and Structures.
17.27.030 Permitted Accessory Uses and Structures.
17.27.040 Conditional Uses.
17.27.050 Minimum Lot Area and Width Requirements.
17.27.060 Maximum Lot Coverage for Structures.
17.27.070 Maximum Height of Structures.
17.27.080 Setbacks From Property Lines.
17.27.090 Special District Regulations.
17.27.100 Fences, Parking, and Signs.
17.27.110 Nonconformities.
17.27.010 Description and Intent. The Light Industrial (LI) Zoning District is
estahlished for the purpose of providing for most commercial uses. It is intended
specifically to provide for land intensive commercial uses, including some types of
manufacturing, repairing, and assembling of goods, particularly those related to the
fishing industry. This district's uses are intended to be conducted in a manner not
detrimental to the rest of the community by reason of the emission or creation of
noise, vibration, smoke, dust, or other particulate matter, toxic or noxious materials,
Kodiak Island Borough, Alaska Ordinance No. 92 -13
Page 8 of 10
odors, fire, or explosive hazard, or glare or heat.
17.27.020 Permitted principal uses and structures. A. Automobile service stations
B. Automobile and boat sales, storage, and repair.
C. Manufacturing (e.g. boat building, crab pot construction, cabinet making,
welding and fabrication, etc.).
D. Outdoor storage, when screened by a sight obscuring fence, a minimum of
six (6) feet in height.
E. Retail stores and service shops (e.g. beauty shops, clinics, grocery stores,
professional offices, etc.).
F. Warehouses.
G. Wholesaling and distributing operations (excluding bulk fuel operations).
11. A dwelling unit used by the owner or by a caretaker, manager, and family
when located on the premises where they are employed in such a capacity.
I. Utility and service uses (e.g. substations, etc.).
J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access),
until adequate replacement facilities established.
17.27.030 Permitted Accessory Uses and Structures. A. Accessory buildings.
B. Outdoor storage, when screened by a sight obscuring fence, a minimum of
six (6) feet in height.
17.27.040 Conditional uses. A. New airports (when a facility is granted a CUP, all
aviation related uses will be considered permitted uses).
B. Institutional facilities (e.g. hospitals, fire stations, group homes, correctional
facilities, etc.).
C. Junkyards and salvage yards.
17.27.050 Minimum lot area and width requirement. There is no minimum lot area or
width requirement except as may be required by the State of Alaska Department of
Environmental Conservation in areas where community sewer and water is not
available.
17.27.060 Maximum lot coverage for structures. There is no maximum lot coverage
requirement.
17.27.070 Maximum height of structures. The maximum height limit for structures
in this district is unlimited. Airport protection and safety regulations may limit building
height.
17.27.080 Setbacks from property lines. There are no required setbacks in this
district.
17.27.090 Special district regulations. There are no special regulations in this
district.
Kodiak Island Borough, Alaska Ordinance No. 92 -13
Page 9 of 10
17.27.100 Fences, parking and signs. A. Where a lot in the light industrial district is
adjacent to a lot in a residential district, the owner of the lot in the light industrial
district shall be required to erect and maintain a solid, six (6) foot fence along the
property line adjacent to the residential district, from the time the property in the light
industrial district is developed for any purpose.
B. Additional regulations for fences, parking and signs are contained in
Chapters 17.54, 17.57 and 17.60 respectively.
17.27.110 Nonconformities. Regulations for nonconformities (lots, uses and
structures) are contained in Chapter 17.36.
Section 7: Kodiak Island Borough Code 17.24.010 GG is deleted.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS 17th DAY OF SEPTEMBER, 1992
1 ie'61>rne'L EfJ�,�r
Donna F. Smith, Borough Clerk
KODIAK ISLAND BOROUGH
An _ . _ . ' 1 J/tke
Jero a M. Selby, Borough M
Jack McFarlar-siding Officer
Kodiak Island Borough, Alaska Ordinance No. 92.13
Page 10 of 10