1994-08 Amending Title 17 Zoning to Include BHO and SROWHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Kodiak Island Borough, asks
KODIAK ISLAND BOROUGH
ORDINANCE NO. 94 -08
Introduced by: Mayor Selby
Requested by: Assembly
Drafted by: Community
Development Department
Introduced: 05/19/94
Public Hearing: 06/02/94
Postponed: 06/02/94
Public Hearing: 07/26/94
Failed: 07/26/94
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING
TO INCLUDE A 814 -- BOARDING HOUSE OVERLAY ZONING DISTRICT
AND SRO -- SINGLE RESIDENT OCCUPANCY DEVELOPMENT STANDARDS
there is public corigern about the increasing number of illegal boarding
houses being operated in the Kodiak Island Borough; and
there is a concern for the safety and quality of housing being offered in
these illegal boarding houses; and
there is a need for more affordable housing options within the Kodiak
Island Borough; and
current enforcement budget and stiffing restrictions limit the extent of
enforcement capabilities to a compl nt basis only; and
the implementation of these changes s uld encourage illegal boarding
house operators to conform to the borou 11 code, thus providing safer
living conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature id shall become a
part of the Kodiak Island Borough Code of Ordinances
Ordinance No. 94-08
Page 1 of 7
Sections:
Kodiak Oland Borough. Alaska
Kodiak Island Borough Code Section 17.28 Boarding House Overlay
zoning district is hereby enacted as follows:
Chapter 17.28
BHO-- BOARDING HOUSE OVERLAY DISTRICT
17.28.010 Description and intent.
17.28.020 Zones where boarding houses permitted.
17.28.030 Additional standards.
17.28.040 Parking.
17.28.050 Signs.
17.28.010 Description and intent. A residential boarding house is a residential
building with not more than five (5) guest rooms which provides lodging for
compensation, with or without meals, for not more than ten (10) persons on a basis
other than day -to -day. It is the intent of the BHO-- Boarding House Overlay zone to
permit boarding houses to locate in zones other than the R3-- Multifamily Residential
zoning district, as long as certain performance standards are met and the use is
approved on a site specific basis by review and approval of a conditional use permit
by the planning and zoning commission.
The BHO -- Boarding House Overlay zone, when approved for an area
through the rezone procedure, establishes regulations that are in addition to the
regulations of the underlying zoning district.
17.28.020 Zones where boarding houses permitted. Boarding houses are permitted
in the R3-- Multifamily Residential zoning district. The BHO -- Boarding House Overlay
zone can only be applied in the B -- Business, R1-- Single- family Residential and
R2 -- Two - family Residential zoning districts. The BHO-- Boarding House Overlay zone
is created by ordinance in the same manner as a rezone. Once an area has been
approved and designated for the BHO -- Boarding House Overlay zone, individual
boarding houses are eligible for approval as a conditional use. Th commission must
find that such use is compatible with the character of the neighbor od in which the
boarding house will be located, subject to the performance standard of this overlay
zone and any conditions of approval that may be attached to the prof _t.
17.28.030 Additional standards.
A. Rooming units must have a minimum of seventy (70) square et with
an extra fifty (50) square feet for each additional occupant. Rooms will not less
than seven (7) feet in any dimension.
Ordinance No. 94-08
Page 2 of 7
# C 3
B. The building shall contain at least two hundred fifty (250) square feet
0 ommon space such as recreation areas, lounges, and living spaces. Bathrooms,
laundries, hallways, the main lobby, vending areas, and kitchens shall not be counted
as cotmon space.
C. The boarding house must be owner or manager occupied.
D. The minimum lot size for boarding houses is 7,200 square feet.
Boarding houses that existed before the date of adoption of this chapter may be
considered for a conditional use permit even though the lot and /or structure may be
nonconforming under the zoning standards for the district in which the boarding house
is located.
E. A conditional use permit for a boarding house is revocable by the
planning and zoning commission upon presentation of satisfactory evidence at a public
hearing which clearly shows that the boarding house is a nuisance, no longer meets
the requirements of the underlying and /or overlay zone, or is no longer'eonsistent with
the character of the surrounding neighborhood. Staff will schedule a permit for review
by the commission if the boarding house becomes a chronic source of legitimate
zoning complaints by the surrounding residential property owners.
F. Guest rooms in all approved boarding houses must meet current
egress requirements.
G. All boarding houses must have 110V smoke detectors /alarms that are
connected to the electrical system serving the boarding house.
H. Meter boxes serving an approved boarding house must meet current
National Electrical Code standards. In addition, kitchens must have 20 amp service
with proper conductors installed to all kitchen outlets. Applicants for a conditional
use permit must obtain an electrical permit from the building official, who will issue
a certificate of compliance after a final inspection shows compliance with applicable
codes.
I. Boarding houses with more than ten (10) total residents must meet
the current Uniform Building Code requirements for a commercial structure. A fire
marshall review is required for all boarding houses occupied by more than ten (10)
residents prior to issuance of a certificate of compliance for that use.
17.28.040 Parking. Off - street parking must be provided at a rate of one (1) space
per three (3) guest rooms or sleeping rooms, in addition to the basic parking
requirements of three (3) spaces per dwelling unit.
17.28.050 Signs and Fences. Additional regulations for signs and fences are
contained in Kodiak Island Borough Code Chapters 17.60 and 17.54;
Kodiak Island Borough. Alaska
Ordinance No. 94-08
Page 3 of 7
on 3: Kodiak Island Borough Code Section 17.29 SRO -- Single Resident
Occupancy standards is hereby enacted as follows:
Sections:
Chapter 17.29
SRO -- SINGLE RESIDENT OCCUPANCY STANDARDS
17.29.010 Description and intent.
17.29.020 Zones where SRO are permitted.
17.29.030 Additional standards.
17.29.040 Parking.
17.29.050 Common spaces.
17.29.060 Signs.
17.29.070 Garbage disposal and receptacles.
17.29.010 Description and intent. An SRO -- Single Resident Occupancy is a
commercial building containing at least eleven (11) rooming units which are available
for rent for periods of seven (7) days or longer. Conversion of existing commercial
buildings to SRO is allowed in zoning districts that permit multifamily residential
development or apartments.
SRO regulations are considered to be in addition to the regulations of the underlying
zoning districts where SRO development is permitted. A SRO must meet the current
local standards for building and life safety.
17.29.020 Zones where SRO are permitted.
A. SRO is allowed in the R3-- Multifamily Residential, B -- Business,
RB-- Retail Business and UNC- -Urban Neighborhood Commercial zoning districts,
subject to the same district requirements applicable to R3-- Multifamily Residential
District or apartment uses in those zoning districts.
B. SRO is a conditional use in the 1--Industrial and LI- -Light Industrial
zoning districts.
17.29.030 Additional standards.
A. Rnnminn units must haves a minimum of cnvanty (7r1) cnkiara fast with
an extra fifty (50) square feet for each additional occupant. Rooms will not be less
than seven (7) feet in any dimension.
Kodiak Island Borough. Alaska ordinance No. 94-08
Page 4 of 7
Section 5:
Kodiak Island Borough, Mali.
B. Twenty -four hour on -site management must be provided at an SRO.
When an SRO is considered by the planning and zoning commission as a conditional
use, the applicant will provide the commission with a copy of the proposed rules and
residency requirements governing the SRO. The management will be solely
responsible for the enforcement of all rules that are reviewed and approved by the
commission as part of a conditional use permit.
17.29.040 Parking. Off - street parking must be provided at a rate of one (1) space
per three (3) rooming units plus one (1) space per two (2) employees on the largest
shift but not less than two (2) spaces, plus one (1) space per vehicle used in the
operation of the SRO.
17.29.050 Common spaces. The building shall contain a minimum of two hundred
fifty (250) square feet of common space such as recreation areas, lounges, and living
spaces. An additional ten (10) square feet of common space is required per rooming
unit over eleven (11). Bathrooms, laundries, hallways, the main lobby, vending areas,
and kitchens shall not be counted as common space.
17.29.060 Signs and fences. Additional regulations for signs and fences are
contained in Kodiak Island Borough Code Chapters 17.60 and 17.54.
17.29.070 Garbage disposal and receptacles. Garbage disposal and receptacles are
to be provided by the property owner. Garbage receptacles must be located on the
lot or property in a manner that does not hinder access to any required off- street
parking or loading spaces.
Section 4: Kodiak Island Borough Code Chapter 17.06 Definitions is hereby revised
by amending the following definition:
17.06.060 Boardinghouse's, ^
Kodiak Island Borough Code Chapter 17.06 Definitions is hereby
amended to add the following definitions:
17.06.065 Boardinghouse- residential. A residential "boardinghouse" means a
building, other than a hotel or motel, which provides lodging for compensation, with
or without meals, for not more than ten (10) persons on a basis other\ than
day -to -day.
Ordinance No. 94-08
Page 5 of 7
9
17.06.495 Single resident occupancy. A "single resident occupancy" or "single room
occupancy" (SRO) is a housing type consisting of one room, with or without cooking
facilities and with private or shared bathroom facilities. A SRO is also a commercial
building, similar in use and function to a hotel or apartment building, composed of
eleven (11) or more studio apartments or rooming units that are available for rent for
periods of seven (7) days or more.
Section 6: Kodiak Island Borough Code Chapter 17.09 Official Zoning Map -- District
Boundaries is here by amended to add the following:
17.09.010 Districts established. The borough is divided into the following land use
districts:
A. W -- watershed district;
B. WH-- wildlife habitat district;
C. NU-- natural use district;
D. C -- conservation district;
E. Ll- -light industrial district;
F. RB-- retail business district;
G. RD- -rural development district;
H. RNC- -rural neighborhood commercial district;
I. RR2- -rural residential two district;
J. RR- -rural residential district;
K. RR1- -rural residential one district;
L. R1-- single - family residential district;
M. R2 -- two - family residential district;
N. R3-- multiple family residential district;
0. B -- business district;
P. I -- Industrial district;
Q. PL-- public lands district;
R. UNC- -urban neighborhood commercial district;
Kodiak Island Borough, Alaska Ordinance No. 94-08
Page 8 of 7
ATTEST:
Donna F. Smith, Borough Clerk
Koar, blend Borough, Alaska
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 1994
KODIAK ISLAND BOROUGH
Jerome M. Selby, Borough Mayor
Jack L. McFarland, Presiding Officer
Ordnance No. 94-09
P.C. 7 of 7