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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 Page 1 of 7 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 Ordinance No. 90 -03 Page 2 of 7 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 Ordinance No. 90 -03 Page 3 of 7 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 Page 4 of 7 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 Ordinance No. 90 -03 Page 5 of 7 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 Pala 6 of 7 ATTEST: Bor PASSED AND APPROVED THIS 6th DAY OF FEBRUARY, 1990. h C1 ='k KODIAK ISLAND BOROUGH \ . LA Ik s . \� t Bo ugh Mayor CL/ Presiding Officer Ordinance No. 90 -03 Page 7 of 7