1993-67 Amending Kodiak Island Borough Code Chapter 17.14 Rural Development District.Section 1:
Section 2:
Kodiak Island Borough. Alaska
5
KODIAK ISLAND BOROUGH
ORDINANCE NO. 93 -67
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
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE
CHAPTER 17.14 RURAL DEVELOPMENT DISTRICT
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:
This ordinance is of a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
Kodiak Island Borough Code Section 17.14 Rural Development District
hereby el-
is � ��r��y rrpeaied and re- enacted as follows:
Ordinance No. 93 -67
Page 1 of 5
Sections:
7 6 1 4
Chapter 17.14
RD -RURAL DEVELOPMENT ZONING DISTRICT
17.14.010 Description and Intent.
17.14.020 Permitted Principal Uses and Structures.
17.14.030 Permitted Accessory Uses and Structures.
17.14.040 Conditional Uses.
17.14.050 Minimum Lot Area and Width Requirements.
17.14.060 Maximum Lot Coverage for Structures.
17.14.070 Maximum Height of Structures.
17.14.080 Setbacks from Property Lines.
17.14.090 Special District Regulations.
17.14.100 Fences, Parking, and Signs.
17.13.100 Nonconformities
17.14.010 Description and Intent. The Rural Development (RD) Zoning District is established
for the purpose of providing opportunities for development in remote areas while at the same
time recognizing the importance of the balanced utilization of natural resources. This zoning
district is also designed to:
1. allow traditional commercial activities on remote land; and
2. provide a review mechanism for intensive development activities.
17.14.020 Permitted Principal Uses and Structures.
1. All of the permitted principal uses and structures in the Natural Use
(NU) Zoning District and the Conservation (C) Zoning District.
2. Commercial guiding and/or outfitting activities (e.g. hunting,
fishing, photography, etc.) and related structures (e.g. lodges) containing provisions for no more
than fifteen (15) clients.
3. All the permitted accessory uses and structures in the Natural Use
(NU) Zoning District and the Conservation (C) Zoning District
17.14.040 Conditional Uses.
I. All of the conditional uses in the Natural Use (NU) and
Conservation (C) Zoning Districts.
2. Lodges that have provisions for more than fifteen (15) clients.
17.14.0511 Minimum int Area and Width ne
1. The minimum lot area required is five (5) acres.
2. The minimum lot width is two hundred fifty (250) feet.
Kodiak Island Borough, Alaska Ordinance No. 93 -97
Page 2 of 5
r
17.14.060 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 2,000 square feet of the lot or five (5) percent of the lot area, which ever
is greater.
17.14.070 Maximum Height of Structures,
1. There is no maximum height limit for permitted principal uses and
structures and permitted accessory uses and structures.
2. A maximum height limit may be specified as a condition of
approval for approved conditional uses based on the specific request.
17.14.080 Setbacks from Property Lines, 1. Setbacks from property lines.
a. except lots fronting on marine waters a re exeemp� nanyf ont setback. twenty-five (25) feet,
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 (prt:venting 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 1 6.05.870(a) and 5 AAC 95.010, except in
the case of timber harvesting activities, whose required setback will be regulated by AS
4 1.17.020 -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.
b. Water fording may be located closer than 50 eet, aanndfiniltheeswater when permitted acttheiA l aska
Department of Fish & Game under AS 16.05.870 permitted by the er
dependent facilities are defined as uses, activities or structures ( whi h can 5 AAC 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.),
17.14.0% 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 minimize the impact on the natural
environment and preserve, to the extent feasible and prudent, natural fe JpeC1IlCally, to
the extant 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
Kodiak bland Borough, Alaska
Ordinance No. 93 -67
Page 3 of 5
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.
17.14.100 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.
17.14.110 Nonconformities. 1. On nonconforming lots of record any permitted principal uses
and structures and any permitted acre sory uses and structures are allowed.
2. On non - conforming lots of record the commission may grant a
conditional use permit for any use listed in 17.14.040.
3. Setbacks from property lines for nonconforming lots of one half (1/2)
acre or less.
ten (10) feet.
1 fl r
i. There is a required side yard and rear yard setback of
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.
Kodiak Island Borough, Alaska Ordinance No. 93 -67
Page 4 of 5
ATTEST:
Kodiak Island Borough, Alaska
1
7
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS 18 DAY OF NOVEMBER, 1993
a ��ldta i
Donna F. Smith, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
c arland, P
Jerom
. Selby, Borou
...e , r�3ee m er
esiding officer
Ordinance No. 93 -87
Page 5 of 5