FY2012-10 Amending Titles 15 & 17 to Include Hoop Houses Introduced by: Borough Manager
Requested by: Borough Assembly
1 Drafted by: Assembly Member Lynch
2 P &Z Commission
Introduced: 10/20/2011
3 Postponed: 10/20/2011
4 Amendment: 01/19/2012
5 Public Hearing: 01/19/2012
6 Adopted: 01/19/2012
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2012 -10
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
11 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES
12 TITLE 15 BUILDINGS AND CONSTRUCTION BUILDINGS CHAPTER 15.10 BUILDING
13 CODES BY ADDING SECTION 15.10.180 HOOP HOUSES AND TITLE 17 ZONING BY
14 AMENDING SECTIONS 17.25.090, 17.50.020, 17.60.020, 17.65.020, 17.65.030,
15 17.70.020, 17.75.020, 17.80.020, 17.85.020 AND 17.160.010
16 TO INCLUDE HOOP HOUSES
17
18 WHEREAS, there has been an increased use of poly - tunnels (hoop houses) nationwide,
19 and in Kodiak, as a practical and inexpensive means of growing fruits and vegetables; and
20
21 WHEREAS, the Kodiak Island Borough does not specifically address building permits
22 and zoning compliance for hoop houses; and
23
24 WHEREAS, the Kodiak Island Borough proposes an exemption from the building permit
25 and zoning compliance processes and the exemption would:
26 1) apply to all non - retail hoop houses, either those utilized by home gardeners,
27 commercial farmers, farm markets, or residential homeowners, and apply
28 uniformly throughout the Kodiak Island Borough; and
29 2) not burden growers with the permit requirements of the building and construction
30 code and the attendant fees, such as site plans signed and sealed by a licensed
31 architect or engineer, building subcode permit fees, etc.; and
32 3) greatly enable gardeners to grow vegetables, fruits, and other specialty crops in
33 our challenging climate at times of the year in which it would otherwise be
34 impossible. Growers who sell or utilize their hoop house produce locally benefit
35 from the extra income, improved nutrition and the community benefits from the
36 availability of fresh, locally grown food; and
37
38 WHEREAS, a hoop house is defined as a structure that has the sides and roof covered
39 with flexible plastic material, such as polyethylene or polyvinyl, and is used to provide
40 plants with frost protection or increased heat; and
41
• 42 WHEREAS, temporary growing structures that are solely used for commercial
43 production of horticultural plants are exempt from the requirements of the State Building
44 Code. The structures continue to be subject to requirements adopted by local jurisdictions,
45 including local zoning and building setbacks; and
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46
47 WHEREAS, such structures are not "buildings" in the traditional sense, they are not
48 expected to be lasting permanent structures, and the cost of the engineering designs and
49 constructing such permanent building standards is unnecessary and makes them
50 economically infeasible for nursery operators; and
51
52 WHEREAS, there will be a review every two years of this ordinance; and
53
54 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
55 BOROUGH THAT:
56 Section 1: This ordinance is of a general and permanent nature and shall become a
57 part of the Kodiak Island Borough Code of Ordinances; and
58
59 Section 2: Title 15 Buildings and Construction Chapter 15.10 Building Codes of the
60 Kodiak Island Borough Code of Ordinances is amended by adding Section
61 15.10.180 hoop houses as follows:
62 Chapter 15.10
63 Building Codes
64 Sections:
65 15.10.010 Adoption of building and other codes.
66 15.10.020 Repealed.
67 15.10.030 Copies on file for sale.
68 15.10.040 Repealed.
69 15.10.050 Remote area exemption.
70 15.10.060 Plan check and approval.
71 15.10.070 Repealed.
72 15.10.080 Uniform Building Code Section 2305 amended.
73 15.10.090 Uniform Building Code Appendix Chapter 33 amended.
74 15.10.100 Sanitation facilities.
75 15.10.110 Building permit fees.
76 15.10.120 Temporary structures.
77 15.10.130 Roof snow load.
78 15.10.140 Repealed.
79 15.10.150 Repealed.
80 15.10.160 Footings — General
81 15.10.170 Certificate of occupancy.
82 15.10.180 Hoop houses.
83
84 15.10.180 Hoop houses.
85 A. A "hoop house" or "high tunnel," used exclusively for the production or storage of live
86 plants, shall be exempt from the permit requirements of the Kodiak Island Borough
87 Building Code if it meets the following criteria:
88 1. There is no permanent anchoring system or foundation;
89 2. There is no storage, temporary or otherwise, of solvents, gases, or other
90 chemicals or flammable materials.
91 3. The structure is no wider than 31 feet and no greater length than 150 feet;
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92 4. The covering of the structure is of a flexible polyethylene material no
93 greater than ten mils in thickness;
94 5. The support structure of the hoop house is made of non - combustible
95 materials, e.q. metal and hoop house must be purchased as a kit per the
96 USDA high tunnel program. Installation is per manufacturers
97 recommendations.
98 6. The structure is not utilized for retail sales.
99 7. The structure is located no closer than two feet from all property lines.
100
101 Section 3: Title 17 Zoning Chapter 17.25 Definitions Section 17.25.090 H
102 Definitions is amended to add the following:
103
104 "Hoop house" means a structure with sides and roof covered with flexible plastic
105 material, used to provide plants with frost protection or increased heat. A hoop
106 house must meet the following criteria:
107 1. There is no permanent anchoring system or foundation;
108 2. There is no storage, temporary or otherwise, of solvent, gases, or other
109 chemicals or flammable materials;
110 3. The structure is no wider than 31 feet and no greater length than 150 feet;
111 4. The covering of the structure is of a flexible polyethylene material no
112 greater than ten mils in thickness;
113 5. The support structure of the hoop house is made of non - combustible
114 materials, e.g. metal and hoop house must be purchased as a kit per the
115 USDA high tunnel program. Installation is per manufacturers'
116 recommendations;
117 6. The structure is not utilized for retail sales; and
118 7. The structure is located no closer than two feet from all property lines.
119
120 Section 4: Title 17 Zoning Chapter 17.50 C — Conservation District Section 17.50.020
121 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended as follows:
122
123 Chapter 17.50
124 C — CONSERVATION DISTRICT
125
126 17.50.020 Permitted principal uses and structures.
127 The following land uses and activities are permitted in the conservation district:
128 A. All of the permitted principal uses and structures in the NU natural use zoning district;
129 B. Agricultural activities and related structures, including commercial livestock grazing;
130 with a written conservation plan between the land owner or lease holder and the
131 Kodiak soil and water conservation district, in those areas historically established for
132 livestock grazing consisting of the northeast portion of Kodiak Island east of a line
133 drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and
134 including Chirikof Island and Sitkinak Island.
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135 C. Commercial fishing activities and related structures, including mariculture activities and
136 related structures;
137 D. Commercial guiding and /or outfitting activities (e.g., hunting, fishing, photography, etc.)
138 and related structures (e.g., lodges) containing provisions for no more than six clients;
139 E. Parks;
140 F. Recreational activities (including recreational mining activities);
141 G. Single- family dwellings /recreational cabins and associated home occupations;
142 H. Timber harvesting activities and transportation and utility facilities constructed in
143 support of permitted timber harvesting activities;
144 I. Churches;
145 J. Bed and Breakfasts;
146 K. Vacation homes; and
147 L. Hoop houses.
148
149 Section 5: Title 17 Zoning Chapter 17.60 RR2 -Rural Residential Two District Section
150 17.60.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended
151 as follows:
152 Chapter 17.60
153 RR2 — Rural Residential Two District
154
155 17.60.020 Permitted uses.
156 The following land uses and activities are permitted in the rural residential two district:
157 A. Accessory buildings;
158 B. Agricultural buildings and activities;
159 C. Churches;
160 D. Fishing activities when an owner - occupied dwelling is present on the premises;
161 E. Greenhouses;
162 F. Home occupations;
163 G. Horticultural buildings and activities;
164 H. Single- family dwellings;
165 I. Vacation homes;
166 J. Bed and breakfasts; and
167 K. Hoop houses.
168
169 Section 6: Title 17 Zoning Chapter 17.65 RR -Rural Residential District Section
170 17.65.020 Permitted Principal Uses and Structures of the Kodiak Island Borough Code of
171 Ordinances is amended as follows:
172
173 Chapter 17.65
174 RR — Rural Residential District
175
176 17.65.020 Permitted principal uses and structures.
177 The following land uses and activities are permitted in the rural residential two district:
178 A. Single- family dwellings;
179 B. Vacation homes;
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180 C. Bed and breakfasts; and
181 D. Hoop houses.
182
183 Section 7: Title 17 Zoning Chapter 17.65 RR -Rural Residential District Section
184 17.65.030 Permitted Accessory Uses and Structures of the Kodiak Island Borough Code
185 of Ordinances is amended as follows:
186
187 17.65.030 Permitted accessory uses and structures.
188 A. Accessory buildings.
189 B. Home occupations.
190 C. Hoop houses.
191
192 Section 8: Title 17 Zoning Chapter 17.70 RR1 -Rural Residential One District Section
193 17.70.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended
194 as follows:
195 Chapter 17.70
196 RR1 — Rural Residential One District
197
198 17.70.020 Permitted uses.
199 The following land uses are permitted in the rural residential one district:
200 A. Accessory buildings;
201 B. Agricultural buildings and activities;
202 C. Churches;
203 D. Fishing activities when an owner- occupied dwelling is present on the premises;
204 E. Greenhouses;
205 F. Horticultural buildings and activities;
206 G. Single- family dwellings;
207 H. Home occupations;
208 I. Vacation homes;
209 J. Bed and breakfasts;
210 K. Recreational cabins; and
211 I. Hoop houses.
212
213 Section 9: Title 17 Zoning Chapter 17.75 R1- Single- Family Residential District Section
214 17.75.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended
215 as follows:
216 Chapter 17.75
217 R1 — Single - Family Residential District
218
219 17.75.020 Permitted uses.
220 The following land uses and activities are permitted in the single - family residential district:
221 A. Accessory buildings;
222 B. Churches;
223 C. Greenhouses;
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224 D. Home occupations;
225 E. Parks and playgrounds;
226 F. Single- family dwellings; and
227 G. Hoop houses.
228
229 Section 10: Title 17 Zoning Chapter 17.80 R2- Two - Family Residential District Section
230 17.80.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended
231 as follows:
232
233 Chapter 17.80
234 R2 — Two - Family Residential District
235
236 17.80.020 Permitted uses.
237 The following land uses are permitted in the two- family residential district:
238 A. Accessory buildings;
239 B. Beauty shops;
240 C. Churches;
241 D. Clinics;
242 E. Greenhouses;
243 F. Home occupations;
244 G. Hospitals;
245 H. Parks and playgrounds;
246 I. Professional offices;
247 J. Schools;
248 K. Single- family dwellings;
249 L. Two - family dwellings;
250 M. Vacation homes;
251 N. Bed and breakfasts; and
252 O. Hoop houses.
253
254 Section 11: Title 17 Zoning Chapter 17.85 R3- Multifamily Residential District Section
255 17.85.020 Permitted Uses of the Kodiak Island Borough Code of.Ordinances is amended
256 as follows:
257 Chapter 17.85
258 R3 — Multifamily Residential District
259
260 17.85.020 Permitted uses.
261 The following land uses are permitted in the multifamily residential district:
262 A. Accessory buildings;
263 B. Beauty shops;
264 C. Boardinghouses;
265 D. Churches;
266 E. Clinics;
267 F. Greenhouses;
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268 G. Home occupations;
269 H. Hospitals;
270 I. Multifamily dwellings;
271 J. Parks and playgrounds;
272 K. Professional offices;
273 L. Schools;
274 M. Single- family dwellings;
275 N. Two - family dwellings;
276 O. Vacation homes
277 P. Bed and breakfasts; and
278 Q. Hoop houses.
279
280 Section 12: Title 17 Zoning Chapter 17.160 Accessory Buildings Section 17.160.010
281 Intent of the Kodiak Island Borough Code of Ordinances is amended as follows:
282 17.160.010 Intent.
283 It is the intent of this chapter to set forth standards for the size and location of
284 accessory buildings. Hoop houses shall not be subject to the limitations of this
285 chapter in all zoning districts where hoop houses are permitted.
286
287 Section 13: This ordinance shall become effective upon adoption.
288
289 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
290 THIS NINETEENTH DAY OF JANUARY, 2012
291
292 KODIAK ISLAND BOROUGH
293
294 ` `
295 Ir - 4 l i .......at
296 ATTEST: Je l ame M. Selby, z sus h M-yor
297
298 299 s ili
300 Nova M. Javier, MM If Borough Clerk
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