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1981-12 Amending Title 17 of the KIB Code Pertaining to Zoning1 1 - 1 1 1 r, KODIAK ISLAND BOROUGH ORDINANCE NO. 81 -12 -0 AN ORDINANCE AMENDING TITLE 17 OF THE KODIAK ISLAND BOROUGH CODE PERTAINING TO ZONING. BE IT ORDAINED BY the Kodiak Island Borough Assembly that: SECT 1: Section 17.06.080 "Building, Accessory" is amended to read as follows: 17.06.080 Buildin Accessor . "Accessory building" ed building, the use of which is a I ential to that of the main building and to the main use of the and and w detach isi ppropriate, subordinate and customarily incid located on the same lot as the main building and use. An accessory building shal be considered to be a and which is� building by a common wall notalessfthan four (4)lmain feet long or when any accessory l Joined to the mai building and the main buildings are connected by a breezeway which shall not be less than ei - ht (8) feet in width. Accessory building means any structure, regardless of type of foundation or base support, including skid - mounted or other movable structures. i SECTION 2: Section 17.12.040 A is hereby repealed and renacted as follows: i 17.12.040 Yards. ii A. Front yards. 1. The minimum front yard shall be twenty -five (25) feet, unless a j rprevious building line less than this has been established, in which case the l minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied; 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required twenty -five (25) foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty -five (25) feet. SECTION 3: Section 17.18.040 A is hereby repealed and renacted as follows: 17.18.040 Yards. A. Front yards. 1. The minimum front yard shall be twenty - five (25) feet, unless a (previous building line less than this has been established, in which case the ' minimum front yard for interior lots shall be the average of the setbacks of theC main structures on abutting lots on either side if both lots are occupied; 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the f required twenty -five (25) foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty - five (25) feet. SECTION 4: Section 17.45.010 D is amended to read as follows: t 17 .45.010 D. Pro'ections into: I exceeding 14 feet in height may be A detached accessory building not that not more than one -third of the p total t area o of c su h r aray yard 1 occupied, and provided provided t such building is not within 5 feet of the or rear lot lines. For purposes of this section, "accessory building" means any structure, regardless of type of foundation or base su pport, including skid- mounted or other movable structures, ! SECTION 5: Section 17.45.030 is hereby repealed in its entirety. arld Oedinance P -12h0 � 1 7 Page 2 SECTION 6: Section 17.75.010 A is hereby repealed and renacted as follows 17.75.010 (A) Administrative Enforcement Action. The Building Official may order: SECTION 7: A new section 17.72.055 is added to read as follows: 17.72.055 Submission to Assembly. (A) Within thirty (30) days after the Planning Commission has act- ed favorably upon a proposed zoning map change in accordance with the above provisions, a report with recommendations shall be submitted to the Assembly together with the proposed Ordinance. Such recommendations of the Planning Commission shall be advisory only and shall not be binding upon the Assembly. When an Ordinance has been forwarded to the Borough Assembly, the Assembly 'shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070. Notice of hearing shall include a description of the !protest rights established by Section 17.72.080. (B) If the Planning Commission recommends denial of any proposed amendment, its action shall be final unless the initiation party within twenty (20) days files a written statement with the Borough Clerk requesting that tt amendment be taken up by the Borough Assembly. ATTEST: PASSED AND APPROVED this 2nd day of April , 1981: KODIAK ISLAND BOROUGH BY: '\`r) Borough Mayor' � BY: i� /� / //� _ ' . :oroug C 1. The discontinuation of unlawful uses of land or structures, 2. The removal or abatement of unlawful structures or any unlawful additions or alterations thereto, 3. The discontinuation of construction or other preparatory act- ivity leading to an unlawful structure or an unlawful use of a land or structure, 4. When necessary to insure compliance with this title, the suspension or revocation of building permits, variances, or other Borough land use entitlements. FIRST READING: March 5, 1981 SECOND READING, PUBLIC HEARING: April 2. 19R1 ,EFFECTIVE DATE: April 2. 1981 REQUESTED BY: Kodiak Island Borough Planning Commission PREPARED BY: Planning Department