1987-14 Amending Section 17.36.030, Relating to Nonconforming Lots of Record and Sections 17.06.610, 17.16.050, 17.17.050, 17.18.050, 17.19.040, and 17.20.040, Relating to Side and Rear Yard Building Setbacks in Residential Zoning DistrictsORDINANCE 87 -14 -0
KODIAK ISLAND BOROUGH
ORDINANCE NO. 87 -14 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING SECTION
17.36.030, RELATING TO NONCONFORMING LOTS OF RECORD AND SECTIONS 17.06.610,
17.16.050, 17.17.050, 17.18.050, 17.19.040, AND 17.20.040, RELATING TO SIDE
AND REAR YARD BUILDING SETBACKS IN RESIDENTIAL ZONING DISTRICTS.
The Kodiak Island Borough Assembly hereby ordains that:
Section 1: This ordinance is of a general and permanent nature and
shall become a part of the Code of Ordinances of the Kodiak Island Borough.
Section 2: Section 17.36.030 is hereby amended as follows:
17.36.030 Nonconforming lots of record. In any district in which
single- family dwellings are permitted, notwithstanding 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 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 as specified above, shall be obtained only chrough
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] common ownership are of record at the time of
passage or amendment of the ordinances codified in this title, with a
structure located across the lot line or a residential structure on one lot
and an accessory building on the adioinl.ng lot, [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.
Section 3: Section 17.06.610 is hereby amended as follows:
17.06.610 Yard, side. "Side yard" means a yard [SIX FEET OR MOR.
IN WIDTH] on each side of a main building and extending from the front yard,
or front line where no front yard is required, to the rear yard. The width
of the required side yard shall be measured horizontally from the nearest
point of a side lot line to the nearest part of the main building.
Section 4: Section 17.16.050 is hereby amended as follows:
17.16.050 Yards. B. Side Yards. The minimum yard required, on
each side of a principal building, is [TWENTY -FIVE] twenty feet.
C. Rear Yard. The minimum rear yard required is [FIFTY] twenty
feet.
Section 5: Section 17.17.050 is hereby amended as follows:
17.17.050 Yards. B. Side Yards. The minimum yard required, [IN]
on each side of a principal building, is [TEN PERCENT OF THE LOT'S WIDTH, BUT
NEED NOT EXCEED TWENTY -FIVE] fifteen feet. The minimum side yard required on
the street side of a corner lot is [TWENTY -FIVE] fifteen feet. In the case
of lots served by water and sanitary saver service from a certified public
utility or municipal system, the minimum side yard required is ten feet. T.
ninimum side yard required on the street side of a corner lot is ten feet.
C. Rear Yards. The minimum rear yard required is [TWENTY -FIVE
,PERCENT OF THE LOT'S DEPTH BUT NEED NOT EXCEED FORTY] twenty feet.
Section 6: Section 17.18.050 is hereby amended as follows:
17.18.050 Yards. B. Side Yards. The minimum yard required, on
each side of a principal building, is [TEN PERCENT OF THE LOT'S WIDTH BUT
NEED NOT EXCEED TWENTY -] five feet. The minimum required side yard on the
street side of a corner lot is ten feet.
C. Rear Yard. The minimum rear yard required is [TWENTY -FIVE
PERCENT OF THE LOT'S DEPTH BUT NEED NOT EXCEED TWENTY -FIVE] tan feet.
Section 7: Section 17.19.040 is hereby amended as follows:
17.19.040 Yards. B. Side Yards. The minimum yard required, on
each side of a principal building, is [TEN PERCENT OF THE LOT'S WIDTH BUT
NEED NOT EXCEED TWENTY -] five feet. The minimum required side yard on the
street side of a corner lot is ten feet.
C. Rear Yard. The minimum rear yard required is [TWENTY -FIVE
PERCENT OF THE LOT'S DEPTH BUT NEED NOT EXCEED TWENTY -FIVE] ten feet.
Section 8: Section 17.20.040 is hereby amended as follows:
17.20.040 Yards. B. Side Yards. The minimum yard required, on
each side of a principal building, is five feet. [TEN PERCENT OF THE LOT'S
'ATTEST:
WIDTH PLUS ONE FOOT FOR EACH DWELLING UNIT OVER FOUR. SIDE YARDS NEED NOT
EXCEED TWENTY -FIVE FEET IN ANY CASE.] The minims side yard required on the
street side of a corner lot is ten feet.
C. Rear Yard. The minimum rear yard required is [TWENTY -FIVE
PERCENT OF THE LOT'S DEPTH BUT NEED NOT EXCEED TWENTY -FIVE] ten feet.
Section 9: This ordinance shall be in full force and effect upon
passage and adoption.
PASSED AND APPROVED THIS 4 DAY OF June , 1987.
ye fan, d2yougti Clerk
First Reading, Approval Date: May 7, 1987
Second Reading, Public Hearing, Approval Date: June 4, 1987
Effective Date:
Distribution List:
CN \c—
Assessing Department
Borough Building Inspector
City Building Inspector
Community Development Department
Engineering Department
Facilities Department
Resource Management Officer
ORDINANCE 87 -14 -0
KODIAK ISLAND BOROUGH
BY
Jer Selby, Bozoug
Lorpe White, Presiding Officer
June 4, 1987