1990-40 Repealing and Re-enacting Chapter 17.40 Projections into Required Yards of the Borough CodeAN-ORDINANGE- REPEALING AND RE- ENACTING CHAPTER 17.40
(PROJECTIONS INTO REQUIRED SETBACKS) OF THE BOROUGH CODE
The Kodiak Island Borough Assembly hereby ordains that:
Section t: This ordinance is of a general and permanent
nature and shall become a part of the Kodiak Island Borough Code of
Ordinances.
P.Cia rrnC •I COaCX. ,:sJ: -:=;L
Section 2: Chapter 17.40 Projections into Required Yards
is repealed and re- enacted as follows:
Sections:
17.40.010
17.40.020
17.40.030
17.40.040
KODIAK ISLAND BOROUGH
ORDINANCE NO. 90 -40
Introduced by: Mayor Selby
Recommended by:
Planning & Zoning Commission
Date: 11/01/90
Public_: Hearing: 12/06/90
Postponed: 12/06/90
Amended: 12/19/91
Public Hearing: 01/09/92
Adopted: 01/09/92
Projections into Requirdd Setbacks
Architectural Feature Projections
Equipment/Outdoor Storage and Minor Structural
Developeent;rojections,
Structural Projections
17.40.010 Proiections into required setbacks.,_Whers setbacks
are required, they shahl not. be.. less_ in depth. or _width than the
required minimum dimensions in any part, and they shall be at every
point open and unobstructed frop..the ground to the sky, except as
permitted in Sections 17.40.020 through 17.40.040. In addition, a
minimum of a five (5) foot wide developed' access from-the-front
yard to the rear yard must t -be maintained through thesideyard on
one side of % lot-
"Developed" means clear (i.e. nothing may be in`the five (5)
food width, except for structures that promote access), free, and
walkable, in order to permit emergency personnel access.
Ordinance No. 90 -40
Page 1of 6
17.40.020 Architspture/ feature nroi act( ons
A. In residential zoning districts.
1. Awnings, canopies, cornices, building projections
cantilevers, window seats, bay windows, and other similar
architectural features are only permitted to project into a
required front or rear setback and only for a distance not to
exceed two (2) feet provided any adopted Uniform Building Code
requirement for separation of structures is maintained.
2. Eaves are to project into a required side
setback for a distance, not to exceed two (2) feet and into a
required front or rear setback for a distance not to exceed three
(3) feet, provided any ,adopted. Uniform Building; Code requirement
for separation of structures is maintained.
3. Should a structure employ the use of more than one
(1) architectural feature, the total projection shall not exceed
the maximum established in_ l. and ;2:above.
,mss
4. An architectural feature projection will not be used
to establish a new front setback, ljne on the lot or adjacent lots.
In no case may such projection, project over a property line.
B. In nonresidential zoning districts,
1. Eaves, awnings, canopies,., cornices, building
projections, cantilevers,,. window . .seats, bay windows, and other
similar architectural features, are,permitte&to project- into any
required setback,,. Pk504 44A ,,.any,.adopted,.._Bnifor& Building Code
requirement for separation of structures is maintained.
2. An architectural- feature - projection. is permitted to
project into a right -of -way provided the owner, of the right -of -way
provides written authorization.
3. An architectural feature projection may project over
a property line, provided, the owner of the property provides
written authorization.
C. Permitted architectural projections shall be identified
on the site plan for a permitted structure, either as a note or
design feature and will be identified on the zoning compliance
permit.
ordinance No. 90 -40
Page 2 of 6
17.40.030 Equipment /outdoor storaae and minor structural
development protections.
A. Equipment /outdoor storage and minor structural
developments generally.
1. Equipment /outdoor storage, i _ "Equipment /outdoor
storage" means items that are customarily subordinate and
incidental to the use of land. Equipment /outdoor storage can be
freestanding or attached to a structure.__ ___Examples of
equipment /outdoor storage that is specifically permitted to project
into required setbacks is identified in Table 1.
2. Minor structural development. "Minor structural
development" means.thase minor appurtenances to development that
are customarily subordinate and incidental to land use and
structures. Minor structural development does not require a
building permit or is less than thirty (30) inches above finished
grade. It may include items that can be defined as equipment.
Examples of minor structural development that is specifically
permitted to project into required setbacks is identified in Table
1.
B. Projections into setbacks. Equipment /outdoor storage and
minor structural development, as identified in Table 1, is only
permitted to locate within a required - setback as long as it does
not reduce the number of available required off- street parking
spaces. Equipment /outdoor storage and minor structural development
shall not encroach onto adjoining property or public rights -of -way
unless written approval is obtained from the land owner. Zoning
compliance is not required for equipment /outdoor storage and minor
structural development.
17.40.040 Structural oroiections.
A. Projections into setbacks. Structural developments, as
identified in Table 1, are permitted to project into required
setbacks subject to the following conditions:
Ordinance No. 90 -40
Page 3 of 6
ay
1. Outside stairways, decks and parking rams if unroofed
and unenclosed may project in a required side setback, if they
provide access to the rear yard; provided any adopted Uniform
Building Code requirement for separation of structures is
maintained.
2. In no case may such a projections,- (with the
exception of parking ramps, which are permitted to project into
rights -of -way) project over a property line in a residential zoning
district. A structural projection into it required setback is
permitted to project into a right -of -way and to project. over a
property line in a non - residential zoning district, provided the
owner of the property'piovides written authorization.
3. No structural projection may reduce the number of
available required off - street parking spaces; and
4. Enclosed entries, onto existing non - conforming
structures, which are non - conforming due to encroachment into the
standard front setback, subject to the following limitations:
a. the enclosed entry cannot reduce any required
parking;
b. the enclosed entry cannot- exceed twenty -five
percent (25 %) of the face of the building to which
it will be attached;
c. - the - enclosed entry cannot encroach -- more than six
(6)- feet into a- required front or rear setback and
shall not be closer than five (5) feet to the front
or rear property line. Enclosed entries shall not
encroach into any side setback; and
d. the enclosed entry will not be used to establish a
new front setback line on the lot or on adjacent
lots.
B. Site Plan Review: Permitted structural projections into
required setbacks shall be identified on a sit plan and require
zoning compliance.
2d oes not include the eaves. of the main structure-
3 a minimum of 36: in width
Ordinance No. 90 -40
Page 4 of 6
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Ordinance No. 90 -40
Page 6 of 6
v
PROJECTIONS INTO REQUIRED SETBACKS
ATTEST:
a
Borough Clerk
PASSED AND APPROVED THIS 9th DAY OF JANUARY, 1992.
KODIAK ISLAND BOROUGH
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Ordinance No. 90 -40
Page 5 of 6