1990-03 Creating Chapter 17.14 Rural Development Zoning District.that:
KODIAK ISLAND BOROUGH
ORDINANCE NO. 90 -03
AN ORDINANCE CREATING CHAPTER 17.14,
RURAL DEVELOPMENT ZONING DISTRICT
By: Mayor Selby
Recommended by: Planning
& Zoning Commission
Introduced: 01/04/90
Public Hearing: 01/04/90
Adopted: 02/06/90
BE IT ORDAINED by the Kodiak Island Borough Assembly
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 17.14 of the Borough Code is hereby
created as follows:
RURAL DEVELOPMENT ZONING DISTRICT (RD)
Sections:
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
17.14.010 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.
Ordinance No. 90 -03
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17.14.020 Permitted Principal Uses and Structures.
1. All of the principal uses and structures and
conditional uses permitted in the Natural Use (NU) Zoning District.
2. Agricultural activities and support structures
except "commercial" livestock grazing.
3. Commercial fishing and hunting activities and
support structures, including mariculture activities and support
structures.
4. Lodges. No more than ten (10) unrelated guests
are permitted at one time - each related family group counts as one
(1) guest. Any number of people associated with the operation of
the lodge are permitted.
5. Recreational mining activities and
support structures.
6. Residential structures. No more than one
residential structure for every acre of lot area.
7. Timber harvesting activities.
17.14.030 Permitted Accessory Uses and Structures. In
addition to those specifically identified in Section 17.14.020, the
following accessory uses and structures are permitted when
developed in support of permitted principal uses.
1. Docks, piers, water intake facilities, power
structures, etc.
2. Residential accessory buildings (e.g., banyas,
outhouses, etc.).
3. Storage and warehouse structures (e.g., gear
buildings, generator sheds, etc.).
4. Transportation and utility facilities (e.g.,
roads, pipelines, airstrips, etc.).
17.14.040 Conditional Uses. 1. Fish processing plants.
2. "Commercial" livestock grazing.
3. Lodges that cater to more guests than those
permitted in 17.14.020(4).
4. Logging camps and timber harvesting support
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facilities.
5. Non - recreational mineral extraction activities
and support structures.
feet.
17.14.050 Minimum Lot Area and Width Requirements.
1. The minimum lot area required is five (5) acres.
2. The minimum lot width is two hundred fifty (250)
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.
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. There is a required front yard setback of
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 marine waters.
a. There is a required setback (i.e.,
clearing, filling, excavation, or structural development) of fifty
(50) feet from the mean high tide of marine waters except in the
case of timber harvesting activities whose required setback will
be regulated by the applicable laws, rules, and regulations of the
State of Alaska Forest Practices Act and its amendments; and except
further that this provision shall not prevent removal in the
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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 dependent facilities: may be located
closer than fifty (50) feet and over the water, if constructed on
pilings, bulkheads, etc., or of a floating design, provided they
do not contain facilities or operations which generate solid,
liquid, or hazardous waste unless permitted to do so by the State
and /or federal government.
3. Setbacks from anadromous fish water bodies.
a. There is a required setback (i.e.,
clearing, filling, excavation, or structural development) of fifty
(50) feet from bank vegetation of anadromous fish water bodies that
are specified pursuant to AS 16.05.870(a) and 5 AAC 95.010 except
in the case of timber harvesting activities whose required setback
will be regulated by the applicable laws, rules, and regulations
of the State of Alaska Forest Practices Act and its amendments; and
except further that 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 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 as required by AS 16.05.870(b) and (d) and 5 AAC
95.700.
17.14.090 Special District Regulations. 1. Conditional
uses in this zoning district are required to conform to the
'Water dependent is defined as a use, activity, or structure
which can be carried out only on, in, or adjacent to water areas
because the use, activity, and /or structure requires access to the
water body (e.g., water intake facilities, micro -hydro projects,
docks, piers, boat launching facilities, setnet cabins and related
structures, etc.)
Ordinance No. 90 -03
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1
previously identified 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 features. Specifically, to 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.
17.14.100 Fences. Parkin. and Sians. Fences, parking
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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. Nonconforming lots
are limited as to the permitted uses allowed.
a. For lots that are less than five (5) acres
in size, the following uses and structures will be permitted:
i. All of the principal uses and
structures and conditional uses permitted in the Natural Use (NU)
Zoning District.
ii. Agricultural activities and support
structures except "commercial" livestock grazing.
iii. Residential structures. No more
than one residential structure for every acre of lot area.
b. Any permitted principal and /or accessory
use and structure not listed in Section 17.14.110(1.a) proposed for
a lot that does not meet the minimum lot size requirements of this
chapter will be treated as a conditional use.
c. Setbacks from property lines for
nonconforming lots of one half (1/2) acre or less.
i. There is a required side yard and rear
yard (landward) setback of ten (10) feet.
11. There is a required front yard
(marine or landward) setback of fifteen (15) feet.
2. Nonconforming uses will be regulated by the
general nonconforming use provisions of this title.
3. Nonconforming structures will be regulated by
the general nonconforming structures provisions of this title.
Section 3. This ordinance shall be in full force and
effect upon passage and adoption.
Ordinand Mo. 90 -03
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ATTEST:
Bor
PASSED AND APPROVED THIS 6th DAY OF FEBRUARY, 1990.
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KODIAK ISLAND BOROUGH
\ . LA Ik s . \� t
Bo ugh Mayor
CL/
Presiding Officer
Ordinance No. 90 -03
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