1993-66 Amending Kodiak Island Borough Code Chapter 17.13 C-Conservation Zoning District, Chapter 17.06 Definitions, and Chapter 17.67 Conditional Use Permits.Introduced by: Mayor Selby
Requested by: Planning &
Zoning Commission
Drafted by: : Community
Development Department
Introduced: 11/04/93
Public Hearing: 11/18/93
Adopted: 11/18/93
KODIAK ISLAND BOROUGH
ORDINANCE NO. 93 -66
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE
CHAPTER 17.13 C -- CONSERVATION ZONING DISTRICT,
CHAPTER 17.06 DEFINITIONS, AND
CHAPTER 17.67 CONDITIONAL USE PERMITS
WHEREAS, there is public concern about the density of development in remote
areas, both the density of development allowed on individual lots and the
density of development allowed in geographic areas; and
WHEREAS, there is public concern about balancing resource protection with
economic development and diversity within the Kodiak Island Borough;
and
WHEREAS, there is public concern that commercial set net fishing operations, in
general, are an acceptable development type that should be permitted in
remote areas of the Borough; and
WHEREAS, there are certain types of more intensive development which should be
subject to scrutiny by the Planning and Zoning Commission in the
conditional use permit application process;
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 Section 17.13 Conservation Distri
hereby repeaied and re- enacted as follows: v �,�.,,��, is
Kodiak Island Borough, Alaska
Ordinance No. 93 -66
Page 1 of 6
Sections:
17.13.010 Description and intent
17.13.020 Permitted principal uses and structures
17.13.030 Permitted accessory uses and structures
17.13.040 Conditional uses
17.13.050 Area requirements
17.13.060 Maximum lot coverage for structures
17.13.070 Building height limit
17.13.080 Setbacks from property lines
17.13.090 Special district regulations
17.13.100 Fences, parking and signs
17.13.110 Nonconformities
17.13.010 Description and intent. The conservation district is established for the purpose of
maintaining open space areas while providing for single - family residential, and limited
commercial land uses. For the conservation district, in promoting the general purposes of this
title, the specific intentions of this chapter are:
A. To encourage the use of land for single - family residential and limited commercial
purposes;
B. To encourage the continued use of land for open space areas; and
C. To encourage the discontinuance of existing uses that are not permitted under the
provisions of this chapter.
17.13.020 Permitted Principal uses and structures. The following land uses and activities
are permitted in the conservation district:
A. All of the permitted principal uses and structures in the Natural Use (NU) Zoning
District;
B. Agricultural activities and related structures, except commercial livestock grazing;
C. Commercial fishing activities and related structures, including mariculture activities
and related structures;
D. Commercial guiding and /or outfitting activities (e.g. hunting, fishing, photography,
etc.) and related structures (e.g. lodges) containing provisions for no more than six (6) clients;
E. Parks;
F. Recreational activities (including recreational mining activities);
G. Single - family dwellings /recreational cabins and associated home occupations; and
H. Timber harvesting activities and on _ tran.cpo_ »ars and utility
support of permitted timber harvesting activities. r __ W � facilities constructed in
17.13.030 Permitted Accessory Uses and Structures. In addition to those uses and structures
specifically identified in Section 17.13.020, the following accessory uses and structures are
permitted when developed in support of permitted principal uses.
Kodiak Island Borough, Alaska
Chapter 17.13
C- CONSERVATION DISTRICT
Ordinance No. 93-66
Page 2 of 6
1. Docks, piers, water intake facilities, power structures, etc.
2. Accessory residential buildings (e.g., crew quarters in support of commercial
set net fishing and lodge operations, banyas, outhouses, etc).
3. Storage and warehouse structures (e.g., gear buildings, generator sheds, etc.).
4. Transportation and utility facilities (e.g. roads, pipelines, communication
facilities, etc.) but not airstrips.
17.13.040 Conditional Uses. The following land uses and activities may be allowed by
obtaining a conditional use permit in accordance with the provisions of Chapter 17.67:
1. All of the conditional uses in the NU- Natural Use Zoning District.
2. Airstrips.
3. Commercial livestock grazing.
4. Lodges that have provisions for more than six (6) clients.
facilities), including Logging
mber products process ng facilities. support facilities (e.g. log transfer
6. Non - recreational mineral extraction activities and related structures.
7. Seafood processing facilities and related structures.
8. Transportation and utility facilities not otherwise permitted and not otherwise
used in conjunction with permitted uses (e.g., roads, pipelines, communications facilities etc.).
17.13.050 Area requirements. A. Lot area. The minimum lot area required is five (5) acres.
B. Lot Width. The minimum lot width required is two hundred fifty (250) feet.
17.13.060 Maximum Lot Coverage for Structures. The maximum lot coverage allowed by
the total of all structures is five (5) percent of the lot area, except that on any lot of record,
structures may cover two thousand (2000) square feet of the lot or five (5) percent of the lot
area, whichever is greater.
17.13.070 Building height limit. The maximum building height allowed is thirty -five feet for
residential buildings and fifty feet for accessory buildings.
17.13.080 Setbacks from Property Lines, 1. Setbacks from property lines.
a. There is a required front yard setback of twenty -five (25) feet, except
lots fronting on marine waters are exempt from any front yard setback.
b. There is a required side yard setback of twenty -five (25) feet.
c. There is a required rear yard setback of twenty -five (25) feet.
2. Setbacks from anadromous fish water bodies.
a. There is a required setback (preventing clearing, filling, excavation,
or structural development) of fifty (50) feet from the bank vegetation of anadromous fish water
bodies that are specified pursuant to AS a nc 870( 5 AAC 95.0i0, and timber harvesting activities, whose required setback will be regulated by AS except
1 .17.010 -950, as
amended, and the regulations enacted thereunder. This provision shall not prevent removal in
the setback area associated with a habitable residential, or recreational structure of (1) up to fifty
(50) percent of the trees and (2) other vegetation if a suitable ground cover (such as grass) is
planted.
Kodiak Island Borough, Alaska
Ordinance No. 93 -66
Page 3 of 6
b. Water dependent facilities, in stream development activities, and
fording may be located closer than fifty (50) feet, and in the water when permitted by the Alaska
Department of Fish and Game under AS 16.05.8700) and (d) and 5 AAC 95.700. Water
dependent facilities are defined as uses, activities or structures which can be carried out only on,
in or adjacent to water areas because the use, activity, or structure requires access to the water
body (e.g. water intake facilities, micro hydro projects, docks, piers and boat watching
facilities, etc.).
17.13.090 Special District Regulations. 1. Conditional uses in this zoning district are
required to conform to the general district regulations unless the terms of the conditional use
permit specify otherwise.
2. Approved conditional uses in this district shall conform to the following
specific performance standards:
a. Conditional uses must and preserve, to the extent feasible and prudent, t environment
, naturalfeatu es. Specifically, natural
the extent
feasible and prudent:
Conditional uses in upland habitats must retain natural vegetation coverage, natural
drainage patterns, prevent excessive runoff and erosion, and maintain surface water quality and
natural groundwater recharge areas; and
Conditional uses in estuaries, tideflats, and wetlands must maintain or assure
water flow, natural circulation patterns, and adequate nutrient and oxygen levels.
Nothing in this provision shall require improvement to the natural condition
existing prior to development.
b. Although a particular conditional use may constitute a minor change,
the cumulative effect of numerous piecemeal changes can result in a major impairment of the
environment. The particular site for which a conditional use application is made will be
evaluated with the recognition that it may be part of a complete and interrelated environmental
area. A conditional use shall be denied under this provision only if the weight of credible
scientific evidence shows that the proposed conditional use together with all other then existing
conditional uses in the area will have a substantial adverse impact on the interrelated
environmental area if such conditional uses are operating in accordance with all required State
and Federal rules and regulations. Consideration shall be given to the mitigating effect of not
locating the conditional use in any other area and mitigation efforts, if any, which the proposed
conditional user may offer for this or any other environmental areas.
17.13.100 Fences, Parking, and Signs. Fences, parking areas, and signs are permitted and
unregulated when they are related to the use of the property for a permitted and /or approved
conditional use.
17.13.110 Nonconformities t On f______ lots
and structures and any permitted accessory uses and structures are allowedmitted principal uses
2. On non - conforming lots of record the commission may grant a conditional use
permit for any use listed in 17.13.040.
Kodiak Island Borough. Alaska
Ordinance No. 93 -68
Page 4 of 6
less.
feet.
Kodiak Island Borough, Alaska
3. Setbacks from property lines for nonconforming lots of one half (1/2) acre or
i. There is a required side yard and rear yard setback of ten (10)
ii. There is a required front yard setback of fifteen (15) feet,
except lots fronting on marine waters are exempt from any front yard setback.
4. Nonconforming uses will be regulated by the general nonconforming use
provisions of this title.
5. Nonconforming structures will be regulated by the general nonconforming
structures provisions of this title.
Section 3: Chapter 17.06 (Definitions) of the KIBC is hereby amended to include the
following:
Lodge - "Lodge" means a building or group of buildings containing both rooms and
dwelling units available for temporary rental to transient individuals or families. The types of
activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife
photography and viewing, and passive recreational activities.
Bed and Breakfast (B &B) - "Bed and Breakfast (B &B)" means overnight
accommodations and a morning meal in a dwelling unit provided to transients for compensation.
The operator of the B &B must reside on the premises and the maximum number of rooms that
can be rented out is two (2).
Commercial fishing - "Commercial Fishing" means fishing activities involving the
harvest and sale of seafood products carried out for a profit.
Agricultural activities - "Agricultural activities" means the production, keeping, or
maintenance, for sale, lease, or personal use, of plants and animals useful to people.
Recreational mining activities - "Recreational Mining Activities" means the use of hand
held equipment such as gold pans, picks, shovels, etc.; the use of a sluice box with maximum
dimensions of twelve (12) square feet per individual recreational miner; or, the use of a suction
dredge with an intake hose having an inside diameter not exceeding four (4) inches and a motor
not exceeding eight (8) horsepower, per individual recreational miner. All other mining
activities that do not meet these performance standards are considered "non - recreational mineral
extraction" or "resource extraction" activities.
Recreational cabin - "Recreational Cabin" means a structure occupied on a temporary
or seasonal basis, by a group of people meeting the definition family.
-o the �- .....uNuvu of 1
Seafood processing - "Seafood Processing" means engaging in processing fisheries
resources for sale by freezing, cooking, salting or other method, and includes, but is not limited
to canneries, cold storages, freezer ships, and processing plants [AS 43.75.290(4)1
Ordinance No. 93 -66
Page 5 of 6
1
11 5 6 21 9
Section 4: 17.67.070 is hereby amended as follows:
17.67.070 Action by the planning and zoning commission. The planning and zoning
commission shall render a decision on the application for conditional use permits within thirty
calendar days from the date of public hearing unless the oppot g000togag040#001
The community development department shall incorporate any conditions requirements
stipulated by the commission in the conditional use permit. Atoototatiosiosigt must
ATTEST:
Kodiak Island Borough. Alaska
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS 18th DAY OF NOVEMBER, 1993
e M. Selby, Borough
c
Farland, Presidin
• 1
.• -ell ••
d er
67 )_771/kla
Donna F. Smith, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Officer
Ordinance No. 93-66
Page 6 of 6