KODIAK ISLAND BOROUGH. Title 17 ZONING. Part 1 Title and Purpose. Title, Purpose, Authority, and Application. Part 2 Administrative Provisions

Transcription

1 Part 1 Title and Purpose Chapter Chapter Chapter Part 2 Administrative Provisions Chapter Chapter Chapter Part 3 Zoning Districts This color scheme indicates something almost word for word (not necessarily verbatim) from the current Title 17 This color scheme indicates something of very similar wording in the current Title 17, or could reasonably be inferred from, or, found elsewhere in another Title, & incorporated here for ease of reference (Hyperlink references or underscores excluded) This color scheme indicates something new, or represents a major departure from previous interpretations or applications. It may also highlight a particularly poignant concept for digestion. KODIAK ISLAND BOROUGH Title 17 ZONING Title, Purpose, Authority, and Application Enactment Provisions Nonconformities Administration Definitions Enforcement Chapter Mapped Districts Chapter Residential Zoning Districts Chapter Commercial, Industrial, and Mixed Use Zoning Districts Chapter Settlement and Village Zoning Districts Chapter Remote and Resource Zoning Districts Chapter Resource Protection Overlay - Reserved Chapter Planned Unit Development Overlay Part 4 Use Requirements & Site Development Chapter General Provisions Chapter Site Development Requirements Chapter Accessory Uses Chapter Residential Uses Chapter Lodging, Entertainment, and Food Service Uses Chapter Civic and Institutional Uses Chapter Intensive Uses Chapter Parking and Loading Chapter Signs Part 5 Land Use Permit Procedures Chapter Land Use Permits 1

2 Chapter Text Amendments and Rezoning Chapter Comprehensive Plan Amendments Chapter Conditional Use Permits Chapter Variances Chapter Appeals Final Version for public hearings - August 29,

3 Part 1 Title and Purpose Chapter Chapter Chapter Title 17 ZONING Title, Purpose, Authority, and Application Enactment Provisions Nonconformities 3

4 Chapter TITLE, PURPOSE, AUTHORITY, AND APPLICATION Sections: Short Title Purpose and Intent Enabling Authority Interpretation Application of Provisions Conformity with Regulations Alteration or Erection of Structures Yard or Open Space Limitation Comprehensive Plan Intent of Zoning Designations Zoning Map Atlas Short Title This title may be referred to as The Kodiak Island Borough Zoning Code, zoning code, Title 17, or zoning ordinance Purpose and Intent A. Purpose. It is the purpose of this title to promote public health, safety, and general welfare and to implement the comprehensive plan adopted under Alaska Statutes (AS) through the use of uniform provisions concerning: 1. Zoning regulations restricting the use of land and improvements by geographic districts; 2. Land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction of structures; 3. Measures to further the goals and objectives of the comprehensive plan; 4. Land use and occupancy; 5. Building location and use; 6. The height and size of structures; 7. The number of stories in buildings; 8. The percentage of a lot which may be covered; 9. The size of open spaces; and 10. Population density and distribution. B. Intent. It is the intent of this title to: 1. Provide for orderly development; 2. Lessen street congestion; 3. Promote fire safety and public order; 4. Protect the public health, safety, and general welfare; 5. Prevent overcrowding; 6. Protect natural features; 7. Promote the goals and land use recommendations of the Kodiak Island Borough Comprehensive Plan; 8. Stimulate systematic and sustainable development of transportation, water, sewer, schools, parks, and other public facilities; and 4

5 Encourage efficiency in the use of energy and the displacement of energy from fossil fuels for energy from renewable sources Enabling Authority In accordance with the provisions of AS , Land Use Regulation, this title and the zoning map atlas are enacted for planning and land use regulation on an areawide basis in the Kodiak Island Borough Interpretation A. Uses Not Listed are Prohibited. Unless a use is listed in a zoning district as a permitted use by right or conditional use, it is prohibited. B. Administration. It shall be the duty of the community development department, acting under the authority of the director or designee, to interpret the terms and regulations of this title or the zoning map atlas. Any interpretation of the department may be appealed to the planning and zoning commission, pursuant to KIBC C. Similar Use Determination. Notwithstanding the above, the planning and zoning commission may determine that a proposed use not listed as a permitted or conditionally permitted use in a zoning district may be allowed as a permitted or conditional use. Such determinations are defined as a similar use determination. D. The process for similar use determinations is set forth in Chapter KIBC Application of Provisions The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land Conformity with Regulations A building, part of a building, or any land shall be used, occupied, erected, moved, or altered only in conformity with the provisions of this title for the district in which the building or land is located Alteration or Erection of Structures A structure shall not be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have a narrower or smaller front yard, side yard, or rear yard than is specified in this title for the district in which the structure is located Yard or Open Space Limitation Any yard or open space provided about a building for the purpose of complying with this title shall not be considered as providing a yard or open space for any other building. Any yard or open space on one lot shall not be considered as providing a yard or open space for any other lot Comprehensive Plan A. Definition. The comprehensive plan for the borough is that compilation of adopted policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both public and private, of the borough; which has been adopted by the Kodiak Island Borough under AS , and which may include the following topics: 1. History; 2. Local government; 3. Topography; 4. Geology; 5. Climate; 6. Soils; 7. Vegetation; 8. Fish and wildlife; 9. Natural hazards; 5

6 Land ownership; 11. Land use, including Future Land Use Designations and maps; 12. Population; 13. Housing; 14. Economy; 15. Transportation; 16. Community facilities; 17. Utilities; and 18. Growth requirements. B. Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. C. Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan refers to the Kodiak Island Borough Comprehensive Plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough (Adopted by Ordinance No. FY ), on December 6, The comprehensive plan includes, by reference, a number of subarea plans and other planning documents. These adopted elements of the comprehensive plan are identified in Appendix A Intent of Zoning Designations Nothing in this title, including the names and designations of the various zoning districts, is intended to affect or influence the status of the Kodiak Island Borough and any incorporated city therein in regard to subsistence living, according to the Federal Subsistence Board, the State of Alaska, or any court decision related to the borough s subsistence status Zoning Map Atlas A. The zoning map atlas for the borough consists of the following zoning maps: 1. The Kodiak Urban Area Zoning Map. 2. The Womens Bay Zoning Map. 3. Chiniak Area Zoning Map. 4. Buskin River Area Zoning Map. 5. Kodiak Road System and Remote Areas Zoning Map. 6. City of Akhiok Zoning Map. 7. Village of Karluk Zoning Map. 8. City of Larsen Bay Zoning Map. 9. City of Old Harbor Zoning Map. 10. City of Ouzinkie Zoning Map. 11. City of Port Lions Zoning Map. 6

7 Chapter ENACTMENT PROVISIONS Sections: Repeal of Prior Ordinance Projects and Decisions Made Prior to Adoption Effective Date Repeal of Prior Ordinance All prior zoning ordinances and zoning maps in the Kodiak Island Borough are hereby repealed in their entirety Projects and Decisions Made Prior to Adoption A. Any project approved under the zoning code in effect prior to the effective date of this title shall be allowed to be completed under the requirements of that title, provided that a building permit has been issued and substantial work has been commenced. B. Any conditional use or other development approved under the zoning code in effect prior to the effective date of this title which was approved with conditions may continue to be used or operated in accordance with those requirements and conditions. However, any increase or expansion to the use shall be in accordance with this title Effective Date This title, Title 17, Zoning, of the Kodiak Island Borough Code, and the accompanying maps in the zoning map atlas shall be effective on,

8 Chapter NONCONFORMITIES Sections: Purpose and Intent Nonconforming Lots Nonconforming Structures Nonconforming Uses General Conditions Purpose and Intent A. Purpose. This chapter specifies the conditions under which a nonconformity can continue to exist, as well as the conditions under which it must be discontinued. A nonconformity shall not be permitted to continue if it was unlawful when it was established. B. This chapter shall not require a change of plans, construction, or use of a building on which actual construction was lawfully begun and has been diligently conducted prior to the effective adoption date of this title. Actual construction shall include the placing of a foundation and attaching building materials in a permanent position Nonconforming Lots A principal building and customary accessory buildings may be erected on a nonconforming lot, provided that all applicable area, height, and setback requirements are met. If a variance to a setback or other restriction is required to erect a structure on a nonconforming lot, then the structure shall only be permitted if the planning and zoning commission or board of adjustment finds that a variance is warranted Nonconforming Structures A. A nonconforming structure may be continued, provided it remains otherwise lawful. B. A nonconforming structure shall not be enlarged or altered in a way that increases its nonconformity, except in cases where a building or structure setback is non-conforming by no more than one half the distance required by this title. In such cases, the non-conforming setback may be extended along the same plane as the existing non-conforming setback, provided that in so doing, the setback itself is not further reduced and no additional parking spaces are required. All current parking requirements must be met for the addition (see Figure ). C. If a nonconforming structure is moved, it shall conform to the regulations of the district to which it was moved Nonconforming Uses A. Continuation. Except for nonconforming single-family residences, a nonconforming use may be continued provided it remains otherwise lawful. 1. A nonconforming use shall not be enlarged or moved, in whole or in part, to any other portion of the lot or parcel that was not occupied by the use at the time the use became nonconforming. A nonconforming use may be extended throughout any part of a building that was designed for that use and which existed at the time the use became nonconforming. 2. A structure occupied by a nonconforming use shall not be structurally altered in any manner or moved except in connection with a change to a use permitted in the district in which it is located. This requirement does not apply to installation of necessary ADA handicapped access. B. Abandonment. 1. If a nonconforming use is abandoned for any reason for a period of more than one year, any subsequent use shall conform to the requirements of this Ordinance. 8

9 A nonconforming use shall be considered abandoned and shall be deemed to constitute intent on the part of the property owner to abandon the nonconforming use if one or more of the following conditions apply: a. Utilities, such as water and electricity, have been disconnected; b. The property, buildings, and grounds have fallen into disrepair; c. Signs or other indications that the nonconforming use exists have been removed; d. Equipment or fixtures necessary to operate the nonconforming use have been removed; or e. Other actions, which in the opinion of the community development department, constitute intent on the part of the property owner or lessee to abandon the nonconforming use. C. Nonconforming Single-family Residential Uses. A nonconforming single-family residence may be expanded or enlarged as follows: 1. The principal building may be enlarged or expanded, provided that another residential structure is not located on the property, the structure does not extend over a lot line, and all other building and zoning requirements are met. 2. A nonconforming detached accessory building may not be enlarged or expanded. D. Replacement of Uses. When a nonconforming use is replaced by a permitted use, it shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not be resumed General Conditions The following general conditions apply to all nonconforming lots, structures, and uses. A. Change of Tenancy or Ownership. The tenancy or ownership of a nonconformity may be transferred or changed, however, in the case of a nonconforming use, the nature or character of the nonconformity shall not change, except as permitted by this title. B. Subject to the provisions of this chapter, this title shall not prevent structural improvements or restoring to a safe condition any part of a building or structure that the Building Official or Fire Marshall deems unsafe. C. Reconstruction. 1. Nonconforming Use. In the event a building containing a nonconforming use is damaged by fire, wind, act of God, or public enemy the nonconforming use may not be re-established; however, a residential structure, except for a mobile home, containing a nonconforming use may be reestablished upon the same footprint as the original structure, provided that: a. With regard to lot, setback, height, or other requirements pertaining to the structure, the new structure shall not increase any nonconformity or result in any new nonconformity. Reconstruction under this subsection shall not affect the nonconforming status of the structure, as regulated by subsection (c), of this section; b. No part of a reconstructed principal dwelling may be less than five feet from a side or rear lot line; c. No part of an accessory structure may be less than two feet from a side or rear lot line, if such a setback is allowed in the zoning district; and d. Reconstruction shall commence within two years of the date the damage or destruction occurred and shall progress meaningfully towards completion. 2. Nonconforming Structure, Reconstruction Allowed. In the event a nonconforming building or structure is damaged by fire, wind, act of God, or public enemy it may be rebuilt or restored if the reconstruction or repair costs do not exceed 60 percent of the assessed value of the nonconforming building or structure prior to its damage or destruction. All required parking must conform to current parking requirements. 9

10 Nonconforming Structure, Reconstruction Prohibited. In the event a nonconforming building or structure is damaged by fire, wind, act of God, or public enemy, it may not be rebuilt restored if the replacement cost exceeds 60 percent of the assessed value of the building or structure prior to its damage or destruction. Any reconstruction or repair must conform to the requirements of this title. 10

11 Part 2 Administrative Provisions Chapter Administration Chapter Definitions Chapter Enforcement Title 17 ZONING 11

12 Chapter ADMINISTRATION Sections: Planning and Zoning Commission Conditions of Approval Decisions Duties of the Community Development Department Procedural Requirements Fees Performance Guarantees Public Hearing Notification Planning and Zoning Commission A. Commission Established. The planning and zoning commission (commission) of the Kodiak Island Borough is established pursuant to Chapter KIBC. The commission shall operate in accordance with that ordinance, the requirements of this zoning code and in compliance with applicable Alaska Statutes. B. Duties. In addition to the duties outlined in Chapter KIBC, the planning and zoning commission shall carry out the following duties as they relate to this title: 1. Hear and decide on requests for preliminary plat approval, replats, and vacations, pursuant to Title 16 KIBC, Subdivisions. 2. Hear and decide on requests for planned unit developments, in accordance with Chapter KIBC. 3. Hear and decide on requests for similar use determinations, in accordance with KIBC Hear and decide on requests for conditional use permits, in accordance with Chapter KIBC. 5. Hear and decide on requests for variances to the requirements of this title, in accordance with Chapter KIBC. 6. Hear and decide appeals of administrative decisions made in the implementation, interpretation, and enforcement of this title by the community development department, in accordance with Chapter KIBC. 7. Review and issue recommendations to the borough assembly on rezone requests, in accordance with Chapter KIBC. 8. Review proposed amendments to the text of this title and make recommendations to the borough assembly, in accordance with Chapter KIBC. 9. Review requests for amendments to the text or future land use designation maps in the comprehensive plan and make recommendations to the borough assembly, in accordance with Chapter KIBC. 10. Any other duty as proscribed in this title. C. Reconsideration. The decision of the commission, in fulfilling its duties according to this title, may be reconsidered at the next regular meeting of the commission, if an applicant or party of record files a petition for reconsideration within 10 days of the original decision. 1. A decision may be reconsidered only if the petitioner can provide evidence that one or more of the following conditions exists: a. There was a clerical error in the decision; b. the decision resulted from fraudulent or misleading information; or 12

13 c. there is newly discovered evidence or a change in circumstances which, by due diligence, could not have been discovered prior to the meeting at which the decision was made. 2. If the decision for which reconsideration is requested was made at a public hearing, the community development department shall mail a notice of the petition for reconsideration to each person who was entitled to receive a notice of the original commission proceeding. The notice shall include the petition for reconsideration, describe the decision for which reconsideration is being requested, and state the date and time when the commission will review the petition. 3. The commission shall review the petition at a regular meeting and decide whether to reconsider the matter. The decision shall be based on the petition and any argument by the petitioner or any other interested party which the commission may decide to hear, but no additional evidence shall be taken. If the petition is granted, the commission shall decide the matter or schedule it for a rehearing. The decision by the commission for reconsideration shall be final, subject to appeal to the board of adjustment, pursuant to Chapter KIBC. Additional petitions for reconsideration of the decision may not be filed. D. Agenda Preparation. The community development department shall prepare the commission agenda and shall maintain the correspondence of the commission. E. Quorum. Except as provided in this section, no meeting of the commission shall be called to order, nor shall any business be transacted, without a quorum consisting of at least four (4) members of the commission being present. The chairman shall be considered and counted as a member. When there is no quorum, those members of the commission who are present may convene for the purposes of continuing a public hearing or scheduling a special meeting. F. Meetings. Regular meetings of the commission shall be held as necessary. Meetings may be called by the chairman of the commission, a majority of the members of the commission, or the borough manager. If consideration of a matter is postponed due to lack of a quorum, the chairman shall continue the meeting to the next scheduled commission meeting. The department shall notify all members of the date of the continued meeting. G. Rules of Procedure. The commission shall, by majority vote of the entire membership, adopt written rules of procedure or bylaws as may be necessary for the transaction of its business. H. Public Meetings. All meetings of the commission and its committees shall be public meetings. I. Vote. No action of the commission shall be valid unless authorized by a majority vote of the commission. J. Records. Designated staff of the community development department shall serve as clerk to the commission. The clerk of the commission shall keep minutes of all commission proceedings, including evidence presented, the name of all witnesses giving testimony, findings of fact by the commission, and the vote of each member, or if absent, or, failing to vote, such fact. The clerk shall be the custodian of the official record of the commission and shall keep indexed records of all Resolutions, transactions, findings, and determinations. All such records shall be official public records and shall be governed by all Alaska Statutes pertaining to public records Conditions of Approval Where authorized by this title, the commission or borough assembly may, as a condition to approve the request, apply reasonable requirements concerning the construction, use, or operation of the property under consideration. Any required condition shall meet the following: A. The condition shall be designed for protection of natural resources; the public health, safety, and welfare; or the social and economic well-being of those who will live, use, or occupy the property under consideration, as well as the residents and owners adjacent to the property and the community as a whole. B. The condition shall be a valid exercise of governmental power and shall relate directly to the site and the proposed use in question. 13

14 C. The application of the condition shall be necessary for the proposed use to meet the intent of the zoning district in which it is located. D. The condition shall be related to the standards of review specific to the type of request and any specific standards elsewhere within this title relating to the property or use in question Decisions Decisions of the planning and zoning commission or borough assembly, as applicable, including all conditions of approval and findings of fact, shall be transmitted to the applicant within five days of the decision Duties of the Community Development Department The community development department ( department ) shall implement and enforce this title. The director of the department shall be the principal zoning officer and may delegate any of the following duties to other department personnel: A. Zoning Compliance and Issuance of Land Use Permits. The department shall determine if a proposed development or use is in compliance with the requirements of this title. A development or use shall be in compliance if all applicable procedures outlined in this title are completed, approvals are granted, projects are constructed and operated according to this title, and any required conditions are met. Upon determining that a property or use is in compliance with this title, a zoning compliance permit or the applicable land use permit shall be issued. A use shall not be commenced until the department has issued a land use permit. Upon a request, the department shall certify whether a specific property or use is or is not in zoning compliance, pursuant to Chapter KIBC. B. Pre-application Conferences. The department may schedule and hold pre-application conferences upon the request of potential applicants (See Chapter KIBC. C. Application Requirements. 1. Submittal. Every application for development approval shall be in a form specified by the director and shall be accompanied by a fee, as established by the assembly. The application shall be accompanied by such plans, data, or documents as are: (a) required pursuant to this code and the administrative procedures adopted hereunder, and (b) such plans, data, or documents specified in the application form (See Chapter KIBC). All applications for development approval shall be filed with the community development department, except where otherwise specified by this code. Unless otherwise specified, an application may only be filed by the owner of the property, or an agent of the owner specifically authorized by the owner to file such application. 2. Determination of Completeness. When an application for development approval is submitted, the director shall make a threshold determination as to whether the application is in conformance with the land uses, density, and intensity allowed by the future land use designation and zoning district classification. The director shall review all applications for completeness within ten days of receipt. If the applications does not meet the requirements of this title, the director shall notify the applicant or agent in writing, stating the additional information required or the modification(s) necessary for conformance. No further action shall be taken on the application unless and until the additional information is submitted and determined to be complete by the director. If the incompleteness has not been remedied within thirty (30) days of receipt of notice thereof, the application shall be automatically voided and the director shall return the application to the applicant. When an application for development approval is determined to be complete, the department shall notify the applicant, and forward the application for review and processing in accordance with this code. 14

15 D. E. F. G. H. I. J. A determination of completeness shall not constitute a determination of compliance with the requirements of this code or comprehensive plan. 3. Determination of Sufficiency of Application. a. Application Distribution. After an application is determined to be complete, the director shall forward copies of the application to appropriate agencies and designated borough departments for sufficiency review. For purposes of this section, "sufficiency" shall constitute an analysis of whether a proposed application: i. Meets the stated objective requirements of the comprehensive plan, this code, and the borough s rules and regulations; and ii. Includes the necessary analysis and information to enable the decision-making body or official to make the necessary determinations under the comprehensive plan and this code. b. Determination of Sufficient Application. The reviewing agencies and department representatives shall determine if the application is sufficient, and shall notify the director of any insufficiencies or additional information that is required to be submitted. The director shall, in turn, compile such comments and forward them to the applicant in writing. Administrative Land Use Permits. The department shall review and issue decisions on administrative land use permit requests, pursuant to Chapter KIBC, as well as amendments to approved administrative land use permits. Applications and Permits Requiring Public Hearings. The department shall receive and process applications for quasi-judicial permits and legislative actions that require a public hearing under this title, determine the appropriate application fee(s), determine when an application is complete, and prepare required notices to be mailed by the applicant for public hearings. The department shall also assist applicants and identify whether all submittal requirements have been met. An application shall not be taken before an appointed or elected body until the department determines the application to be complete. Determination of Minor Amendments to Approved Plans. The department shall determine if an amendment to a conditional use or planned unit development is a minor amendment, pursuant to KIBC or Chapter KIBC, respectively. An amendment determined not to be minor shall be processed in the same manner as the original approved application. Review of Seasonal or Temporary Activities. The department shall review requests for temporary uses according to KIBC and issue temporary use permits to those uses that comply with the requirements of this title. Staff. The department shall serve as staff to the planning and zoning commission, the board of adjustment, and the borough assembly to implement and enforce this title. The department shall also provide necessary information to appointed and elected bodies to assist the decision making process and when applicable, make recommendations. Zoning Administration. The department shall be the primary source of information to citizens, business owners, developers, and others with interest in or questions regarding this title, including its interpretation and the boundaries on the Official Zoning Map. Inspections. 1. The department may make reasonable inspections of a property, at any reasonable time, to ensure compliance with the requirements of this title and any decision made under this title and may, upon presenting proper identification, enter and inspect any land, building or premises, inspect a project in process or where there is probable cause to believe that a violation exists, or enter upon any land, building or premises to perform the duties of the department according to this section. 2. When required by the constitution of the United States or of the state of Alaska, the department shall obtain an administrative search warrant authorizing an inspection and show the warrant to the person in charge of the premises before conducting the inspection. The department may 15

16 apply to the court of competent jurisdiction to obtain an administrative search warrant, stating in the application the name and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, the facts and circumstances justifying the inspection, and any other information necessary to obtain the warrant. Warrants issued under this section should be returned within ten days. K. Enforcement. The department shall receive and investigate complaints, compel land use compliance, issue notices to persons in violation of this title, and provide testimony in cases that are adjudicated in court. In enforcing this title, the requirements of Chapter KIBC shall be followed. L. Records. The department shall keep records of all applications, cases, and enforcement actions occurring in the borough, including minutes and audio recordings from all meetings and hearings. M. Other Duties. The department shall undertake other duties as directed by the manager, the assembly, or the commission to implement or enforce this title and to undertake other projects and duties related to zoning and land use planning in the Kodiak Island Borough. The department shall also undertake the duties necessary to ensure that land use planning and zoning in the Kodiak Island Borough conforms to applicable Alaska statutes, federal law, and directives from courts of competent jurisdiction. N. Action by the Director. Upon receipt of sufficiency determinations from reviewing agencies and department representatives, or election to proceed from the applicant notwithstanding insufficiencies, the director shall: (a) in the case of administrative decisions, take administrative action required by this code, or (b) in the case of legislative or quasi-judicial decisions, prepare a report and recommendation to the appropriate decision-making or recommending body. O. Scheduling for Consideration. As required, the director shall schedule a hearing for an appropriate date. No application shall be scheduled for consideration by the commission until either: (a) all specified insufficiencies have been resolved, or (b) the applicant has elected in writing to proceed notwithstanding the unresolved insufficiencies. Specified insufficiencies may be resolved by the written consent of the applicant, provided to the director in advance of scheduling for consideration by the commission or assembly, to conditions or stipulations that, in the view of the director and each affected agency or department representative, correct such insufficiencies. P. Approval and Recommendation of Approval. The director shall not approve any application subject to administrative approval, or recommend approval of any application subject to approval by the commission unless the director has (a) received a positive determination of sufficiency from all reviewing agencies and department representatives, or (b) has received the written consent of the applicant, to conditions or stipulations that, in the view of the director and each affected agency or department representative, correct such insufficiencies Procedural Requirements A. Classification of Decisions. Decisions made pursuant to this code shall be classified as provided below: 1. Legislative. The following shall be treated as legislative decisions: a. Amendments to the text of this zoning code. b. Comprehensive plan text amendments and future land use designation map amendments. c. Subarea plans or other specific master plans that will become an element of the comprehensive plan. c. Street and right-of-way vacations. d. Borough-initiated area-wide rezones. e. Site-specific rezonings. 2. Quasi-Judicial. The following shall be treated as quasi-judicial decisions: a. Conditional use permits and site plan approvals, except those approved administratively. b. Preliminary planned unit developments. c. Similar use determinations. d. Variances, except administrative variances. 16

17 e. Subdivision plat approvals (except those approved administratively). f. Appeals from administrative interpretations. 3. Administrative. The following shall be treated as administrative decisions (except in cases where the commission has imposed a specific condition in a prior approval requiring such matter to be subject to commission approval): a. Site plan approvals by the director. b. Issuance or modification of Administrative Permits. c. Temporary use permits. d. Administrative variances approved pursuant to KIBC e. Administrative interpretations of this code, pursuant to this chapter or Chapter KIBC. f. All other permits issued by the director or other borough officials which do not require a prior public hearing under the provisions of this code, the comprehensive plan, or applicable law. B. Public Hearing Procedures. The public hearing procedures required under this code shall be provided in accordance with the provisions of this section. C. Scheduling. When the director has determined that an application is complete and has undergone sufficiency review pursuant to KIBC (C)3, and that a public hearing is required by this code, a date, time, and place for the required hearing shall be scheduled. D. Representation. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization, upon receiving proper recognition from the chair of the body conducting the hearing. Anyone representing an organization must present written evidence of their authority to speak on behalf of the organization in regard to the matter under consideration, unless the chair waives this requirement. Each person who appears at a public hearing shall identify himself or herself, his or her address and, if appearing on behalf of an organization, shall state the name and mailing address of the organization. E. Irrelevant Testimony Excluded. The commission may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person may ask relevant questions of other persons appearing as witnesses, but shall do so only through the chair. Such questions may be excluded by the chair where the answer to the question would be repetitious, or is an attempt to harass the witness. F. Continuance and Adjournment. The commission may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. In the event that the continuance is to a specified date, time and place, the specific date, time and place of the continued public hearing shall be publicly announced at the meeting at which the continuance is approved. Public notice of a continued or subsequent public hearing shall be provided in accordance with KIBC for: 1. Any hearing for which the commission or director determines new notice should be provided, because of the time elapsed from the original notice or to correct any defect or apprise affected parties of significant changes to the application as originally noticed; 2. Any hearing continued to an unspecified date, time, and place; or 3. Any hearing where such new notice is required pursuant to applicable law or this code. G. Quasi-Judicial Procedures. All quasi-judicial hearings conducted pursuant to this code by the commission or borough assembly shall be conducted in accordance with this code and the rules of procedure for quasi-judicial hearings established by the commission or assembly. In all quasi-judicial proceedings, the applicant shall bear the burden of demonstrating by competent and substantial evidence that the application satisfies the standards and requirements of this code and the comprehensive plan. H. Examination and Copying of Application and Other Documents. At any time upon reasonable request, and under the supervision of staff, any person may examine an application for development approval 17

18 and materials submitted in support or in opposition. Copies of such materials shall be made available upon payment of the appropriate fee as prescribed in an official fee schedule. I. Compliance with Approvals, this Code, and the Comprehensive Plan. Applicants for development approval shall be responsible for ensuring that all development proceeds in accordance with the terms and conditions of any development order, permit, or certificate issued to the applicant. A determination by the director that the terms and conditions of the approval have been violated shall constitute a violation of this code subject to the enforcement provisions of Chapter KIBC. An applicant shall be responsible for any aspect of an application that fails to comply with the requirements of this code or the comprehensive plan, such that approval of such application in error by the borough shall not operate to grant the applicant an exemption from any such requirement, and the applicant shall be responsible for bringing the development into compliance with such requirement or, if such development cannot be brought into compliance for whatever reason, obtaining such additional development orders or approvals as are necessary under this code to reconcile such error. J. Incorrect Information. 1. Reliance on Information Presented by Applicant. Borough staff, the commission, and the assembly shall have the right to rely on the accuracy of statements, documents, and all other information presented to them by the applicant, applicant's attorney, or agent in review of an application for development approval or land use permit issued under this code. 2. Presentation or Submittal of Incorrect Information. In the event that an applicant, its attorney, or agent presents or submits false or incorrect information, regardless of whether such information is presented fraudulently or deceitfully to the staff, commission, or the assembly concerning a material fact or consideration relating to the review or approval of any land use permit issued under this code, the staff, commission, or the assembly may take action to revoke such development approval or development order, subject to the requirements of Chapter (F) or KIBC and applicable law. Upon notice to an applicant that the borough is considering revoking a development approval or development order because it was based in part on false or incorrect information, any work performed by or at the request of the applicant on the subject property shall be at the risk of the applicant. K. Erroneously Issued Land Use Permits. When a land use permit is issued through administrative error, the error shall be called to the attention of the applicant as soon as possible after it is discovered. If the error is not voluntarily corrected within fourteen (14) days, the appropriate borough official shall authorize the issuance of a stop work order pursuant to KIBC (B), and the order and the matter shall be processed pursuant to the provisions of Chapter KIBC. L. Abandonment or Extension of Application for Development Approval. An application for development approval shall be deemed to have been abandoned six (6) months after the date of issuance of review comments if the applicant has failed to respond in writing to such review comments in a manner that addresses each item identified by staff as necessary to render the application complete or to address an insufficiency. One (1) extension of time for a period of not more than ninety (90) days may be allowed by the director for the application, provided each extension is requested in writing and justifiable cause is demonstrated Fees A. Application Fees. The borough assembly, by resolution, shall set fees and escrow amounts for the various land use requests and processes outlined in this title, and shall amend the fees as necessary. Fees shall be due when an application is submitted and an application shall not be processed unless all fees are paid. Only the borough assembly shall have the authority to reduce or waive fees. B. Escrow. The borough assembly may, by resolution, establish an escrow policy that requires an applicant to submit a cash deposit, in addition to established fees that will be used for any expenses above and beyond customary staff time and effort, which are deemed by the department necessary for the borough to process and assess a specific request. For example, a deposit may be used to pay for review costs by professional engineers, planners, or attorneys with expertise beyond that available 18

19 to borough employees. The applicant shall replenish the deposit, should any costs exceed the amount of cash on deposit, in an amount equal to the original deposit or a greater amount based on an estimate by the department of actual costs. Upon final disposition of the request, any unused escrow funds shall be returned to the applicant Performance Guarantees A. Intent. The borough assembly or planning and zoning commission may require an applicant to deposit a performance guarantee to ensure compliance with this title, the completion of improvements, and to protect natural resources and the health, safety, and welfare of borough residents and the future users or inhabitants of the project. B. Performance Guarantee. 1. A performance guarantee shall mean a cash deposit, certified check, letter of credit, or other legal surety approved by the borough in an amount equal to 130% of the estimated cost for any improvements to be made, as determined by the applicant and confirmed and verified by a representative of the borough. 2. The performance guarantee shall be deposited with the department before any building permits can be released. The borough finance department shall retain the performance guarantee, in accordance with this section. 3. When a performance guarantee is required as a condition of approval, the approving body shall also specify when the related improvement must be completed. 4. As the project is constructed the borough may rebate money to the applicant based on a reasonable proportion of the completed work, as confirmed by the department, provided that at least 10 percent shall be retained for each related element until the entire project has been satisfactorily completed. The department may solicit the opinion of a civil engineer or other licensed professional in the State of Alaska to determine the value of the completed work. The cost of soliciting the opinion shall be deducted from the performance guarantee. 5. Once a project has been satisfactorily completed, as determined by the borough, and the department has determined that landscaping (if required) has been established, the borough finance department shall return any remaining funds to the applicant. The borough may retain up to 10 percent of the performance guarantee to cover any administrative or consultant costs directly associated with reviewing or inspecting any improvements. 6. In the event an applicant does not develop, make, or complete the improvements for which the performance guarantee was required within the established time period, or if improvements are not constructed in accordance with this title or any required conditions and attempts to attain compliance are unsuccessful, the borough may enter the subject property and complete the improvements using the performance guarantee. 7. In the event an applicant does not develop, make, or complete the improvements and the performance guarantee is insufficient to allow the borough to complete them, the applicant shall be required to pay the borough an amount necessary to complete the improvements, plus any administrative or legal fees Public Hearing Notification Public Hearings. Prior to public hearings required under this title, public notice of the application and public hearings shall be provided. Notices of public hearings shall be published, mailed, and posted in accordance with this section. A. Contents. Generally, all public hearing notices shall contain the following information: 1. The scheduled date, time, and location of the hearing; 2. A general description of the nature of the matter to be addressed, written in layman's terms; 3. The address of the subject property; 4. That persons may appear and be heard; 5. That written comments filed with the department will be entered into the record; 6. That the hearing may be continued from time to time as necessary; 19

20 A telephone number for more information; 8. The title of the ordinance under consideration, if applicable; and 9. Such additional information as may be required pursuant to this code or applicable law for specific types of development approval. B. Published Notice. Published notice shall be provided in the newspaper of record for the borough. The community development director may require that the cost of publishing such notice be borne by the applicant. Notices of all public hearings shall be posted on the borough s website. C. Mailed Notice (Option 1). Except where otherwise required by applicable law or this Title, mailed notice shall be provided at least 14 days prior to the public hearing. The applicant shall send a notice prepared by the community development department, by first class U.S. mail, mailed to property owners of record, as shown on the latest ad valorem tax records, of all lands contiguous (of the entire parcel of land under consideration that is owned or controlled by the applicant) and all property owners of record as follows: C. Mailed Notice (Option 2). Except where otherwise required by applicable law or this Title, mailed notice shall be provided at least 14 days prior to the public hearing. Notice shall be sent by first class U.S. mail, mailed to property owners of record, as shown on the latest ad valorem tax records, of all lands contiguous (of the entire parcel of land under consideration that is owned or controlled by the applicant) and all property owners of record as follows: 1. Within 500 feet of the boundaries of the subject property shown on the Kodiak Urban Area Zoning Map (except for those areas zoned RR-1), the village of Karluk, and the cities of Akhiok, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions; 2. Within 1,000 feet of the boundaries of the subject property when that property is along the established road system and not shown on the Kodiak Urban Area Zoning Map, including Chiniak, Bells Flats, Pasagshak, Anton Larsen, and any area zoned RR-1 on the Kodiak Urban Area Zoning Map; or 3. Within 1 mile or the nearest 5 property owners for remote areas, whichever results in the greater number of notices being sent. For property that is a part of a condominium or a manufactured home community or an industrial or commercial tract plat, individual owners shall be noticed if located within five hundred (500) feet of the project. The owner of common property shall be notified. Mailed notice shall also be provided to road service districts, fire districts, and utility providers that serve the area in question. The department may require additional notice to other property owners, interested parties, or neighborhood organizations based upon project design and potential impacts. The department may require that the cost of preparing and mailing notice be borne by the applicant. D. Public Hearings for Administrative Appeals. Published notice of public hearings for administrative appeals shall be provided in accordance with KIBC (C) and placed on the borough s website. Mailed notice and posted notice under this section shall not be required. 20

21 Chapter DEFNITIONS Sections: Construction of language A B definitions C D definitions E F definitions G H definitions I J definitions K L definitions M N definitions O P definitions R S definitions T V definitions W Z definitions Construction of Language A. Interpretations. 1. The definitions contained in this chapter apply to this title. Words and phrases defined in KIBC Title 16, Subdivisions and KIBC Title18, Borough Real Property also apply in this title when the context clearly so indicates. 2. The community development department is responsible for applying this title and shall interpret its relevant provisions so the intent of the title is carried out, if intent can be determined based on the title or law. 3. Words and phrases shall be construed according to the rules of grammar and according to the common and approved usage. Technical words and terms that are used and that may have a particular meaning based on law shall be defined according to that meaning. 4. Unless the context clearly indicates the contrary, where an illustration accompanies any item in this title, the written text shall have precedence over the illustration. 5. The particular shall control the general. For terms used in this section, the use of a general term shall not be taken to be the same as the use of any other specific term. 5. The terms Ordinance, Title, and Act are understood to include the term as amended where appropriate. References to technical manuals, resource materials, code references, the comprehensive plan, and similar documents are understood to include the term as amended where appropriate. B. Terms Tense, Number, and Gender. 1. The words "shall," must, and will are always mandatory and not discretionary; the word "may" is permissive. Shall, must, and will are used interchangeably. 2. Words used in the present tense shall include the future tense; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates otherwise. 3. A "building" or "structure" includes any of its parts. 4. The word build includes to erect or construct. 5. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. A masculine term shall include the feminine version of the term and vice versa. 6. Lot includes the words plot, site, tract, and parcel unless the context clearly indicates otherwise 21

22 The terms abutting or adjacent to include property located along the lot lines of a subject site, including any under separate jurisdiction, and including lands separated by a public right-of-way. 8. The phrase used for includes arranged for, intended for, occupied for, and maintained for. 9. When computing the number of days related to an application, filing, or request to be made to the borough, or other governmental agency, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day, which is not a Saturday, Sunday, or legal holiday A B Definitions Abandoned. A use or structure shall be considered abandoned when the use or activity has ceased for a period of more than two years. The following factors shall be considered as constituting intent on the part of the property owner to abandon a use or structure: Utilities, such as water and electricity, have been disconnected; The property, buildings, and grounds have fallen into disrepair; Signs or other indications that a use existed have been removed; Equipment or fixtures necessary to operate the use have been removed; or Other actions, which in the opinion of the community development department, constitute intent on the part of the property owner or lessee to abandon the use. Accessory building or structure. A subordinate building or structure on the same premises as the main building (except as may otherwise be permitted by this title). See Building and Structure. Accessory use. A use naturally and normally incidental and subordinate to the principal use of the premises. See Principal or main use. ADEC. The Alaska Department of Environmental Conservation, and its successor agency, if any. Administrative Variance. A minor variance to specified standards in this title. See Chapter KIBC. ADOT&PF. The Alaska Department of Transportation and Public Facilities, and its successor agency, if any. ADULT REGULATED USE. Any use of land, whether vacant or combined with structures or vehicles thereon, which is devoted to selling, displaying, or exhibiting material for entertainment, where a significant portion of which includes matter or actions depicting, describing, or presenting specified sexual activities or specified anatomical areas, as defined below. For purposes of this definition, the term significant, as used above and as following, shall be defined as greater than 50 percent of the total material displayed or exhibited for sale or entertainment purposes. Adult regulated uses shall include, but not be limited to: 1. Sale or rental of books, videos, or other printed and recorded materials or novelty items representing, describing or presenting specified sexual activities or specified anatomical areas. 2. Any nightclub, theater, studio, or other establishment which features modeling or live performances by models, dancers, strippers, or similar individuals, where performances show, depict, or describe specified sexual activities or specified anatomical areas for entertainment, or for sketching or photographing. This definition shall not include an accredited state licensed public or private educational institution or bona-fide non-profit arts organization offering art instruction which may involve the exposure of the human body for purposes of sketching or photography as part of a bona-fide course. 3. An arcade within which coin or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, where a significant portion of images so displayed depict, describe, or present specified sexual activities or specified anatomical areas. 4. A theater used for presenting motion pictures or other displays, depicting or presenting specified sexual activities or specified anatomical areas. 22

23 Any establishment that offers or advertises, or provides as part of its services, massages, body rubs, physical stimulation, baths, or other similar treatment by any person and exposes specified anatomical areas of the customer or of the person providing the service or both, or which involves real or simulated specified sexual activities. Such an establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within this definition: a. Establishments that routinely provide such services by a licensed physician, chiropractor, osteopath, physical therapist, licensed practical nurse, nurse practitioner, or any other similarly licensed medical professional. b. A massage therapist who holds a current certification from a national certification board or a national certification program meeting standards similar to those for persons licensed under AS 8.84 as a physical therapist. c. Fitness centers that provide massage therapy as part of a physical conditioning program. d. Electrolysis treatment by a licensed operator of electrolysis equipment. e. Continuing instruction in martial or performing arts or in organized athletic activities. f. Hospitals, nursing homes, medical clinics, or medical offices. g. Barber shops or beauty parlors and salons which offer massages to the scalp, the face, the neck, or shoulders only. 6. Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic regions, buttock, or female breast below a point immediately above the top of the areola; and male genitals in a discernible turgid state, even if completely and opaquely covered. 7. Specified sexual activities. Human genitals in a state of sexual stimulation or arousal; acts of masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. Agricultural uses or activities. The production, keeping, or maintenance of plants and animals useful to people for sale, lease, or personal use. Agricultural building. A building used to shelter agricultural equipment, hay, grain, poultry, livestock, or other agricultural products and in which there is no human habitation. AIRPORT 1. Airport elevation. The established elevation of the highest point of the usable landing area. 2. Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. 3. Municipal airport. The City of Kodiak Municipal Airport and Lilly Lake. 4. Municipal airport clear zone. The area within 50 feet from and on the outside of both edges of the City of Kodiak municipal airport runway and all of the water area of Lilly Lake, excepting the parking zone, within which no structure may be constructed, erected, or placed and no vehicle or other object may be parked, stored, or placed. The clear zone also means that area 140 feet wide extending from the southerly end of Lilly Lake to the Larch Street right-of-way. 5. Parking zone. A strip of land 25 feet in width immediately adjacent to the clear zone along the City of Kodiak municipal airport and on that side of the clear zone which is farthest from the gravel runway. Parking zone also includes a water area 30 feet in width on Lilly Lake, measured from the existing shoreline of the lake, within which seaplanes may be parked or stored. 6. Runway. A defined rectangular area on a utility airport prepared for the landing or takeoff of airplanes. The municipal runway is the gravel runway and the water and land areas serving as the runway for the City of Kodiak Municipal Airport and Lilly Lake. 23

24 Utility airport. Any airport in the borough designed or constructed to serve aircraft in approach category A (speed less than 91 knots). 8. Utility airport clear zone. A clear surface extending upward and outward from each edge of a utility airport runway for its full length. The clear surface extends for a horizontal distance of 250 feet at a slope of seven to one (7:1). Alley. A public way designed and intended to provide only a secondary means of access to any property abutting upon the alley. Alteration. Any change, addition, or modification in the construction, location, or use classification. ANIMAL 1. Domesticated animal and pets. Any animal customarily kept for companionship, including but not limited to dogs, cats, birds, fish, rabbits, ferrets, gerbils, hamsters, turtles, and similar. Domestic pets include chickens (no roosters), ducks, or rabbits. 2. Exotic, wild, or vicious animal. Any species of animal not considered domestic or livestock, including but not limited to alligators, badgers, bears, beavers, bobcats, cheetah, chinchilla, chipmunks, cougars, coyotes, crows, doves, eagles, foxes, hawks, jaguars, kangaroos, lions, lynx, monkeys, mink, opossums, owls, porcupines, prairie dogs, raccoons, skunks, squirrels, tigers, wild turkeys, wolverines, wolves, wild hybrids, or the offspring of any animals that have been bred to a wild animal, poisonous, and nonpoisonous reptiles, spiders, insects, and endangered species. 3. Livestock. Horses, ponies, donkeys, and similar equine; cattle, bison and similar bovine; sheep, goats, llamas, and similar ruminants; deer, elk and similar cervidae, swine, yaks, poultry and fowl (other than domestic chickens or ducks), if allowed in the zoning district), and other domestic animals usually, but not always, kept or raised on a farm. Domesticated animals or pets and exotic, wild, or vicious animals shall not be considered livestock. Apartments or Apartment house. See Dwelling, multi-family. Applicant. A person, corporation, partnership, or other entity requesting consideration for approval under this title, who has duly filed an application as required and who has paid any required fees. Assembly. The elected governing body of the Kodiak Island Borough. Assisted living facility. A residential facility that serves three or more adults who are not related to the owner by blood or marriage, or that receives state or federal payment for services regardless of the number of adults served, who, by reason of age, illness, or disability receive care other than skilled, 24- hour nursing care. An assisted living facility provides housing and food services to its residents, provides or obtains assistance with activities of daily living; offers personal assistance as defined in AS ; or any combination of these services. An assisted living facility does not include a nursing or convalescent home, correctional facility, emergency shelter, a program licensed under AS for runaway minors; or a type of entity listed in AS (b)(5), (8), (9), (10), (11), or (12). See also, Assisted living family home. Assisted living family home. An assisted living facility within a dwelling owned and occupied by the operator of the facility, providing assisted living care to no more than five adults. At-grade structures. Patios, terraces, plazas, driveways, sidewalks, and similar impervious structures, or any combination thereof, that do not rise more than six inches above the surrounding grade. Average Grade. See Grade, Average. Bar or lounge. An establishment licensed by the State Alcoholic Beverage Control Board whose primary business is the sale and consumption of alcoholic beverages on the premises, and where food may also be sold. Basement. That portion of a building partly or wholly below grade, where the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story. 24

25 Bed and breakfast (B&B). Overnight accommodations containing not more than X rooms for rent to transient guests, which may provide meals, in a dwelling unit. The operator of the B&B must reside on the premises. Board of Adjustment (BOA). The Board of Adjustment for the Kodiak Island Borough is the Borough Assembly. Boardinghouse. A building other than a bed and breakfast, hotel, motel, lodge, or worker housing with not more than five sleeping rooms, where lodging with or without meals is provided for compensation for three or more persons, but not exceeding 15 persons, on other than a day-to-day basis and which is not open to transient guests. Borough. The Kodiak Island Borough. Borough Manager or Manager. The appointed manager for the Kodiak Island Borough or designee. Buffer. A strip of land often required between certain properties, uses, or zoning districts which is reserved for plant material, berms, walls, or fencing to serve as a visual or noise barrier. Buildable area (Also called building footprint ).The total square footage taken on a horizontal plane at the main grade level of a building, exclusive of steps. Building. Any structure containing a roof and walls or roof supports, built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. (See also, Structure. Building, accessory. See also, Accessory building or structure. Building envelope or building area. The horizontal ground area of a lot and the vertical area up to the maximum allowable height in a zoning district, within which construction is permitted by this title. Building height. The vertical distance measured from the average grade to the highest point of the roof surface for a flat roof and the midpoint between the peak and eaves of a pitched roof. This definition and method of measuring building height shall apply to all structures including principal buildings and accessory buildings. Building line. See Setback or building line. Building, principal or main. A building where the principal or main use of the property is situated. Building Official or Building inspector. The official charged with the administration and enforcement of the construction codes in KIBC Title 15, Buildings and Construction. Business or commercial services. A business enterprise primarily engaged in the provision of goods or services used by office, professional, and service establishments. Typical uses include advertising and mailing, building maintenance, personnel and employment services, management and consulting services, protective services, equipment rental and leasing, photography, copying and printing, travel, office supply, pet grooming, and similar services C D Definitions Cemetery. A parcel of land intended for the burial of deceased humans (or pets within pet cemeteries). A cemetery may include a mausoleum. Certificate of Zoning Compliance. A certification by the community development department stating that a specific property or use conforms with the requirements of this title, or is a nonconforming lot, use, or structure which may continue in accordance with the requirements of Chapter KIBC. CHILD CARE. The term child care does not include baby-sitting services of a casual, nonrecurring nature, child care provided in the child s own home, or cooperative, reciprocating child care by a group of parents in their respective dwellings. 1. Child care home. A dwelling in which one or more of the residents provide care to no more than four children not related to the operator. Child care homes are not licensed by the State of Alaska. 25

26 Licensed child care home. The principal dwelling unit of one or more persons who are licensed by the State of Alaska and who regularly provide care in the dwelling unit (with or without compensation), to eight or fewer children at any one time, not including members of the family residing in the dwelling. 3. Licensed child care group home. The principal dwelling unit of one or more persons who are licensed by the State of Alaska and who regularly provide care in the dwelling unit (with or without compensation), to more than eight but fewer than 13 children at any one time, not including adult members of the family residing in the dwelling. 4. Licensed child care center. Any establishment licensed by the State of Alaska for the care of children (with or without compensation) where care is provided to 13 or more children at any one time. Child care homes, licensed child care homes (including group homes), and schools are not considered to be Licensed child care centers. Commercial fishing. Fishing activities involving the collection, harvest, and sale of seafood products carried out for a profit. Commercial livestock grazing. Rearing and grazing of livestock for slaughter and commercial sale of meat, for milk and other byproducts, for hunting, or for recreational uses when these activities are carried out for profit. Commercial vehicle. A vehicle used in a business for the purpose of transporting persons, goods, or property, in addition to any vehicle with an unladen weight over 10,000 pounds. Commission. The planning and zoning commission of the Kodiak Island Borough. Conditional use permit (CUP). A permitting process allowing for flexibility within the zoning regulations by permitting certain specified uses in zoning districts. Conditions of approval or other additional controls and safeguards are often attached to a conditional use permit to ensure the conditional use is compatible with existing land uses, permitted uses in the zoning district, and surrounding land uses and zoning. Condominium. See Dwelling, multi-family. Construction. Any act or process that consists of on-site erection, fabrication, installation, alteration, demolition, or removal of any structure, facilities, or addition thereto, including related activities. Construction implies a diligent continuance of action toward completion. Any construction that has ceased due to expiration of a permit shall be considered inactive. Coverage. The percentage of the total lot area covered by the building area of all buildings on a lot. Day. For the purposes of this title, a day shall be a calendar day. A time period consisting of more than one day shall be consecutive days. When determining the length of a time period prior to a meeting, such as a public notice period, the day of the meeting shall be considered the last day of the time period. Department. The community development department for the Kodiak Island Borough. Development. The construction of a new building or other structure, the relocation of an existing building, a change of land use, a change of occupancy load of a building, or establishment of a new use of land. The term development also includes clearing, grading, filling, and earthmoving activities in preparation for construction or use of land. Director. The director of the community development department for the Kodiak Island Borough. Drive-in or drive-through establishment. A business establishment that includes a driveway approach, drive aisles, or parking spaces for motor vehicles and the patrons are served while they remain in the vehicle. DWELLINGS and DWELLING UNITS Dwelling. A building or any portion thereof designed or used exclusively for residential occupancy including one-family, two-family, and multi-family dwellings. In no case shall a vehicle or a tent be considered a dwelling. 26

27 Dwelling unit. One or more rooms containing sanitary facilities and a kitchen designed as a unit for occupancy by not more than one family for living or sleeping purposes, and in which not more than two persons are lodged for hire. In case of mixed use or occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this title and shall comply with the provisions relative to dwellings. Structures defined as recreational cabins, when located within 1 mile of the established road system, are defined as a dwelling unit or a single-family residence in this code, when such structures contain a kitchen. When a recreational cabin or vacation home does not contain a kitchen, such structures shall be defined as an accessory building or structure. Dwelling unit, Accessory. A dwelling unit which is located on the same lot as another dwelling unit and which meets the requirements of KIBC Dwelling, Multi-family. Any building containing three or more dwelling units. Dwelling, Single-family attached. A one-family dwelling which is joined to another such unit in a group of at least three but not more than nine dwelling units, by a common party wall, floor, ceiling, or connecting permanent structures such as breezeways, carports, or garages, where the dwelling units are also located on adjoining individual lots, such as townhouses. Dwelling, Single-family detached. Any detached building containing only one dwelling unit. A single-family detached dwelling is also known as a single-family residence. Dwelling, Single-family semi-detached. A one-family dwelling which is joined to no more than one other such unit by a common party, wall, a common floor, ceiling, or connecting permanent structure such as breezeways, carports, garages, screening fences, or walls, where such two dwelling units are also located on adjoining individual lots such as duplex dwellings which have been divided into two dwelling units on separate lots. Dwelling, Two-family dwelling (Duplex). Any building containing two dwelling units E F Definitions Easement. A right of use granted, but not dedicated, for limited use of private land for access, utilities, or other public or quasi-public purposes. Engineering and Facilities Department. The engineering and facilities department for the Kodiak Island Borough. Family. Any number of individuals related to each other by blood, marriage, or adoption or a group that includes not more than five (5) unrelated persons, all living together as a single housekeeping unit in a dwelling unit. Feasible and prudent. Means consistent with sound engineering practices and not causing environmental, social, or economic problems that outweigh the public benefit to be derived from compliance with the condition which is modified by the term feasible and prudent. Fence. An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials to prevent or control entrance, confine within, provide privacy or screening, or mark a boundary. Fence height. The vertical distance between the ground, either natural or filled, directly under the fence and the highest point of the fence, excluding fence posts or pillars. Fence, sharpened. A fence constructed of or utilizing barbed wire, razor wire, concertina wire, or similar materials. A decorative iron picket fence or wooden stockade-style fence with a pointed top shall not be considered a sharpened fence. Fishing gear storage building. A building used to house fishing equipment, including gear sheds, net shops, and similar structures. Fishing uses and activities. Activities and structures associated with commercial fishing, such as gear storage, fabrication, boat storage and repair, and similar activities. 27

28 Flag lot. A non-trapezoidal lot resembling the shape of a flag on a flag pole. The wider flag is behind another lot, with access gained from a narrower stem that has frontage on a public or private street. FLOOR AREA 1. Gross floor area (GFA). The total of each floor of a building within the surrounding outer walls but excluding vent shafts and open-air courts. In a dwelling unit, the gross floor area shall include all areas finished for living space, such as a finished basement or attic, but shall not include attached accessory buildings, such as an attached garage. 2. Gross ground floor area. The area formed by the outside perimeter of the walls on the ground floor of the building. See building footprint. 3. Net floor area (NFA). The area used or intended to be used for the sale of merchandise or services to serve patrons, clients, or customers. Areas within buildings which are used or intended to be used principally for the storage of merchandise or areas such as hallways, stairways, elevator shafts, utilities space, or sanitary facilities shall be excluded from net floor area. Measurement of NFA shall be the sum of the horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls, minus any area excluded as above. When a detailed floor plan is not available, a factor of eighty percent shall be used to estimate the net useable floor area for purposes of calculating parking requirements and other standards based on useable floor area. Frontage. All the property fronting on one side of a street or district boundary. Land along an alley shall not be considered as lot frontage G H Definitions Grade, Average. The term average grade, for purposes of determining building height, is determined by the arithmetic average of the exterior elevations as measured at the mid-point of all principal walls of a structure. Greenhouse. A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out or season plants for subsequent sale or personal use. Group care home. A residential facility that provides training, care, supervision, treatment, or rehabilitation to no more than five persons who are aged, disabled, infirm, those convicted of crimes, or those suffering the effects of addiction. The term group care home does not include assisted living family homes, other assisted living facilities, child care homes, licensed child care facilities, foster homes, schools, hospitals, nursing facilities, jails, or prisons. Guest room. Also referred to as sleeping room or sleeping area. Any room or portion thereof in a hotel, motel, dormitory, boardinghouse, worker housing facility,bed and breakfast, lodge, or residence used and maintained to provide sleeping accommodations for not more than two persons. Hearing Examiner. The decision making authority when the borough is either the applicant or appellant for an appeal (see KIBC (K). The hearing examiner is appointed by the Alaska Office of Administrative Hearings under AS (b). Height (of building). See Building (Building Height). Home based business. A business operated on the same property as a single-family dwelling that does not meet the definition of a home occupation and is of a nature and intensity not customarily found in a single family dwelling unit or a single-family property. Because of the intensity of the business, the number of customer visits, or the equipment or processes necessary to operate the business may be noticeable from the outside of the dwelling. A home based business is operated by at least one full-time occupant of the dwelling (and may include one other employee who is not a member of the family residing on the premises) and is clearly an incidental and secondary use of the property. A hobby or activity pursued for enjoyment and not for monetary gain, provided it is conducted in such a manner as to be in compliance with the provisions of this Ordinance, shall not be considered to be a home based business, even if the operator occasionally sells the product of the hobby or activity. 28

29 Home occupation. A business, profession, occupation, or trade within a dwelling unit or an accessory structure which is accessory, incidental, and secondary to the residential use of the dwelling unit, and which does not change the essential residential character or appearance of the building or neighborhood. This definition includes a home office for a business that is generally conducted off the site, provided that all requirements for a home occupation in this title are met. Hoop house. Also known as a high tunnel. A structure consisting of arched frames covered with a nonopaque plastic or similar plastic-based product. Hot bunking. The practice of renting or allowing a single bed within a boardinghouse or worker housing to be used by more than one individual during different working shifts. Hotel. Any building or group of buildings, other than a bed and breakfast, boardinghouse, worker housing, or lodge in which there are six or more guest rooms used, designed, or intended to be used for the purpose of offering transient lodging to the general public, on a day-to-day basis. A motel shall be considered the same as a hotel I J Definitions Impervious surface. Any man-made material which covers the surface of land and substantially reduces the infiltration of storm water to a rate of five percent (5%) or less. Impervious surfaces include but are not limited to pavement, buildings, and structures. Independent living facility. Dwelling units or structures occupied by persons who do not require the additional care available to residents of assisted living units or nursing homes. Each unit includes individual kitchen facilities; however, common dining and community facilities may be provided. Industry. The manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, assembly or wholesaling of any article, substance, or commodity, or any treatment that changes the form, character, or appearance of a resource material or previously manufactured item. Junk yard. Any space of 100 or 200? square feet or more on any lot or parcel used for the storage, keeping, or abandonment of junk or waste material including scrap metals or other scrap materials. Junk yards also include the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof K L Definitions KENNEL 1. Private kennel: Any lot or premises on which up to five dogs, cats, or other domestic animals aged six months or older are kept (permanently or temporarily), for hobby, sporting activity, protection, or pets and are not kept for breeding or sale; however, the private sale of the offspring of the animals is permitted. 2. Commercial kennel: Any lot or premises on which six or more dogs, cats, or other domestic animals, or any combination thereof not exceeding six animals, aged six months or older, are kept, either permanently or temporarily, for hobby, sporting activity, protection, or pets: Kitchen. An area used for the storage, preparation, and cooking of food. Land use permit. A permit issued by the community development department that certifies that the submitted applications, plans, and supportive material show that a specific development, project, or use complies in all respects with the requirements of this title. See Certificate of Zoning Compliance. Livestock. See Animal: Livestock. Loading space. An off-street space or berth used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. Lodge. A building or group of buildings, other than a bed and breakfast, boardinghouse, hotel, motel, or worker housing that contains rooms for temporary rental to transient individuals or families and which are intended to serve as lodging for guests who may participate in recreational activities. Lodges may or may not provide meals to guests. The lodge may provide equipment, guides, lessons, and other services to facilitate the recreational activities for guests. Such services to non-guests may only be provided in 29

30 accordance with the requirements of this title. The types of recreational activities supported by a lodge may include fishing, hunting, wildlife photography and viewing, skiing, hiking, eco-tourism, recreational mining, and similar recreational activities. LOT 1. Lot. A parcel of land created for sale or use. A portion of a parcel or tract of land that is legally described and has a fixed location on a plat or a legally described parcel of land conveyed pursuant to federal law, including conveyances under the Alaska Native Claims Settlement Act. 2. Corner lot. A lot located at the intersection of two or more streets where the angle of intersection of the lot lines abutting those streets does not exceed 135 degrees. 3. Lot area. The total horizontal area within the lot lines of a lot, excluding public or private road right-of-ways or road easements. 4. Lot depth. The horizontal distance between the front and rear lot lines of a lot, or the two front lines of a through lot, measured along the median line and at right angles between the side lot lines. 5. Lot width. The horizontal distance between the side lot lines, measured at the two points where the minimum required front setback line intersects the side lot lines. 6. Through lot. A lot other than a corner lot with frontage on more than one street. LOT LINE. 1. Front lot line. A line separating a lot from the public right-of-way or a private right-of-way easement. The front lot line of a corner lot shall be the shortest line abutting a public right-or-way or private right-of-way easement. The front lot line of a through lot shall abut the street upon which the building faces and takes access or the property is addressed. The front lot line may also be referred to as the front street line. 2. Rear lot line. A line that is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line not less than 10 feet in length, within the lot, parallel to and at the maximum distance from the front lot line. A rear lot line for a through lot shall be the street frontage opposite from the front lot line. 3. Side lot line. Any lot line that is not a front lot line or a rear lot line. A side lot line separating a lot from a street or private right-of-way easement on a corner lot is a street side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line M N Definitions Manager. See Borough Manager. Manufactured home. A residential building constructed off premises in sections or modules and transported to the site via truck and trailer for assembly and installation on a permanent foundation. Manufactured homes shall comply with all requirements of the Title 15 and other local, state, and federal regulations as if the structure were site built. Mini-storage. A building or group of buildings consisting of individual self-contained units leased for selfservice storage of personal property. Mobile home. A residential building constructed off premises and transported to the site on an attached axle and wheel assembly or via truck and trailer for installation, with or without a permanent foundation. Not all requirements of KIBC Title 15, Buildings and Construction will apply to mobile homes; however, these units must comply with all other local, state, and federal codes and regulations concerning their construction, use, and occupancy. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which 3 or more mobile homes are located or for which space is leased or held out for lease. A mobile home park does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for recreational vehicle parking. Motel. See Hotel. 30

31 Natural resources. A material source of wealth occurring naturally on the land, such as timber, fresh water, wind energy, fish and wildlife habitat, or a mineral deposit. NONCONFORMING. 1. Nonconforming lot. Any lot that was established and of record on the date of adoption of this title that does not meet the requirements of this title for lot width, depth, or lot area. 2. Nonconforming structure. Any building or structure, or any portion thereof, legally established and lawfully existing on the effective date of this title that does not conform to all the height, setback, or area regulations of the district in which it is located. A parking lot that is nonconforming due to lack of parking spaces is a nonconforming structure under this definition. 3. Nonconforming use. A use of land that lawfully occupied a building or land on the effective date of this title that does not conform to the use regulations of the district in which it is located. Nonresidential use. Any commercial, industrial, institutional, recreational, or other use that is not primarily dedicated to residential use. Boardinghouses, worker housing, hotels, motels, and lodges shall be considered nonresidential uses. (RV Parks & Mobile Home Parks should be included in this definition) Nuisance. An offensive, annoying, unpleasant, or obnoxious thing or practice; or a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line, which can be perceived by or affects a human being. A nuisance also includes the generation of an excessive or concentrated movement of people or things, such as noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, or noise from the congregation of people and traffic. Nursing home. A facility providing short- or long-term care for the elderly and other persons who need skilled nursing care but do not require hospitalization O P Definitions Outdoor storage. The use of land for the storage of items in the open, not within a building. Parking Space. An area for parking motor vehicles that has minimum dimensions of nine feet in width by eighteen feet in length. Parking Space, Tandem or Stacked. A parking space that does not allow a vehicle to be moved without first moving a vehicle in another parking space. Party of Record. A party of record for all ministerial, administrative, quasi-judicial, and legislative actions under this title includes the property owner, the authorized agent for an owner, the heirs or assigns of a property owner, any person who submitted written comments in response to a public hearing notice required under this title, or any person who submitted written or oral testimony at a public hearing required under this title. Person. A natural person, his heirs, executors, administrators, or assigns. The term person also includes firms, partnerships, or corporations, their successors or assigns, or the agent of any person. Personal service business. A business primarily engaged in providing services involving the care of an individual or his or her personal goods or apparel. Examples include barber and beauty shops and salons, manicurists, pedicurists, dry cleaning and laundromats (not including dry cleaning plants), tailors, shoe repair, and similar uses. Place of worship. A site used for the regular assembly of persons for religious services and related activities. Such related activities may include living quarters for church ministry and other members of the religious order who carry out their duties primarily on the site, religious education classes, day care, outdoor recreation facilities, religious office space, and youth centers. Rescue missions, tent revivals, and other temporary assemblies are not included in this definition. PORCH. 1. Enclosed porch: A covered projection from the main wall of a building, enclosed on three (3) sides by walls or glass. Porches are not used as general living space. 31

32 Unenclosed porch: A covered projection from the main wall of a building, open on at least two sides. A porch shall not be considered open if enclosed by screening or permanent or detachable glass windows. Premises. A lot, tract, or parcel together with all buildings and structures thereon. Principal or main use. The primary use to which premises are devoted to and the primary purpose for which the premises exist. Property owner of record. Also known as an owner of record or a real property owner. An owner of land or buildings as listed on the latest tax assessment records of the borough assessor R S Definitions Recreational cabins. See dwelling unit. Recreational mining activities. The use of handheld equipment such as gold pans, picks, shovels, etc.; the use of a sluice box with maximum dimensions of twelve square feet per individual recreational miner; or the use of a suction dredge with an intake hose having an inside diameter not exceeding four inches and a motor not exceeding eight horsepower, per individual recreational miner. All mining activities that do not meet this definition are considered non-recreational mineral extraction or resource extraction activities. Recreational vehicle. A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use and which has its own motive power or is mounted on or drawn by another vehicle. Examples of recreational vehicles are travel trailers, camping trailers, truck campers, motor homes, boats, personal watercraft, and all-terrain vehicles. Recreational vehicle park. A tract of land upon which ten or more recreational vehicle spaces are located, established, or maintained for occupancy by recreational vehicles as temporary living quarters by the park s occupants. Recreational vehicle space. A plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle or other individual camping unit on a temporary basis. Residential use. A use dedicated to non-transient residential use. A bed and breakfast is considered a residential use. Restaurant. An establishment whose principal business is the sale of food and beverages to the customer. Retail establishment. A use that sells goods to the public, including drugstores, hardware, novelties and gifts, books and music, digital media, stores and markets selling groceries, baked goods, produce, dairy, meats, and similar stores. Right-of-way. A strip of land which is dedicated, granted, or reserved for construction, maintenance, and use for the passage of vehicles or pedestrians and which may be occupied by electric transmission line, oil or gas pipelines, water mains, sanitary or storm sewer mains, communications infrastructure, shade trees, or other facilities or uses. For purposes of this title, private road easements approved by the borough are considered rights-of-way. ROAD. A public right-of-way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting the road. Roads in Kodiak Island Borough shall be classified according to their function, as identified in the Kodiak Island Borough Comprehensive Plan and classified by the ADOT&PF: 1. Arterial road. The highest classification of highways and roads, an arterial road serves higher volumes of traffic, particularly through traffic, at higher speeds. It also serves truck traffic and generally emphasizes traffic movement over access to adjacent property. Arterials are further classified as principal arterials and minor arterials. 2. Collector road. A collector road receives ( collects ) traffic from the local road system and provides a link to the arterial road system. Collector roads generally balance through-traffic movements with access to adjacent property and provide extended continuity to facilitate traffic 32

33 circulation within an urban area or rural area. Within the small urban area (as defined by the ADOT&PF), collectors shall be designated urban collector roads. Within rural areas, a collector may be designated a major or minor collector, depending upon volume and importance of the road within the local road system. 3. Local road. A local road carries locally generated traffic at relatively low speeds from neighborhoods to the collector street system and provides frequent access to individual properties. 4. Private road. A local road or road easement for private use and that is not dedicated to the public. Rural. For purposes of this title, rural is defined as those are that are not shown on the Kodiak Urban Area Zoning Map. Sanitary Landfill. Sites that dispose of residential, commercial, or industrial waste materials by spreading the debris in layers and covering it with ashes, dirt, or other filler to a level sufficient to control rodents, insects, odors, or other health hazards. Sanitary landfills are licensed according to class (See 18 AAC ). Seafood processing. Engaging in processing fisheries resources for sale by freezing, cooking, salting, or other method, including canneries, cold storages, freezer ships, and processing plants (see AS (2); definition of fisheries business ). Self-storage facility. See mini-storage Setback. The minimum distance by which any building or structure must be separated from a lot line. Sight distance. The length of roadway visible to the driver. Generally related to the distance or time (perception and reaction time) sufficient for the driver to execute a maneuver (turn from driveway or side street, stop, or pass) without striking another vehicle or object in the roadway. Sign. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Signs do not include national or state flags, window displays, graffiti, athletic scoreboards, or the official announcements or signs of local, state, or federal government. Sign, Abandoned. Any sign or sign structure which bears no sign or copy for a period of six consecutive months, or for on-site signs that display for a period of six consecutive months, information which incorrectly identifies the business, owner, lessor, or principal activity conducted on the site. Abandoned sign shall also mean any sign on which proper maintenance is not being done; any on site sign on a parcel that has been vacant or unoccupied for six months or more; or any sign which pertains to a time, event, or purpose which no longer applies, regardless of the message or lack of message. Sign, Animated or Moving. Any sign or part of a sign which changes physical position by any movement, scrolling, or rotation or which gives the visual impression of such movement or rotation. "Animated sign" also means any sign which uses movement or change of lighting to depict action or to create special effect or scene. Sign, Area. The area of a sign as computed in KIBC (C). Sign, Complex. A sign which identifies more than one business or office in a single multi-tenant building or group of buildings. Complex signs are typically found at shopping centers, office complexes, or other multi-tenant developments. Sign, Construction. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. Sign, Directional On-Premise. Signs limited to directional messages, principally for pedestrian or vehicular traffic on a site, such as one-way, drive-thru, entrance, and exit. ; as well as no trespassing, no dumping, no parking provided they do not exceed two square feet; signs that identify essential public 33

34 needs (e.g., restrooms, entrance, exit, telephone, etc.); and other information warning signs, which shall not exceed three square feet in area. Sign, Electronic Messaging. "Electronic Message Center sign" means a computerized programmable electronic visual communication device designed for an outside environment that is capable of storing and displaying different images and formats.sign, Fixed. Any sign affixed to a building. Sign, Flashing: Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. "Sign, Flashing" also means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Sign, Free Standing. Any non-movable sign not affixed to a building except sandwich signs which conform to the requirements of this chapter. Sign, Governmental. A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance, or other governmental regulation. Sign, Ground, See Sign, Monument. Sign, Holiday Decoration. Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. Sign, Interactive. An electronic or animated sign that reacts to the behavior or electronic signals of drivers. Sign, Monument. A freestanding sign whose structural system is that other than a pole(s), column(s), or post(s) or other similar type structural system. Monument signs may also be referred to as ground signs. Sign, Multi-tenant. A sign which identifies more than one business or office in a single multi-tenant building or group of buildings. Multi-tenant signs are typically found at shopping centers or office complexes. Sign, Off-Premise. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. Sign, Pole Sign. A sign that is mounted on a freestanding pole(s) or other support structure so that the bottom edge of the sign is six feet or more above grade. Sign, Political. A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election. Sign, Portable. A sign that is not permanent or affixed to a building, structure, or the ground. Portable signs also include any sign which is manifestly designed to be transportable, including transportation by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support, constructed without wheels, is converted to an A or T frame sign, or attached temporarily or permanently to the ground, since this characteristic is based on the design of such a sign. It is characteristic of such a portable sign that the space provided for advertising matter consists of a changeable copy sign. Sign, Public Use. A sign that provides information for a public purpose, benefiting no specific property, person, corporation or firm directly, and established by a governmental agency. Sign, Real Estate. A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the Sign is located. Sign, Sandwich. Any sign, double or single-faced, which is portable and may readily be moved from place to place. Sign, Special Event or Temporary. A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time. This definition includes signs advertising private sales of personal property such as house sales, garage sales, rummage sales, and the like or private not-for-profit events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows, and Christmas tree sales. 34

35 Sign, Subdivision. A sign identifying the entrance to a subdivision or planned residential community. Sign, Temporary. A sign associated with a temporary use or special event which is erected or placed for no more than sixty days in any twelve month period. Sign, Unpermitted. A sign which has been erected or placed without a required permit. Sign, Wall Graphics. Painted signs that constitute commercial advertising (Note: painted murals are not defined as a wall graphic signs). Sign, Warning. Signs limited to messages of warning, danger, or caution signs. Sign, Way Finding. Government signs directing persons to facilities open to the public and authorized by the Alaska State Department of Transportation. 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. An SRO is also a commercial building similar in use and function to a hotel or apartment building (e.g., multi-family dwelling) composed of 11 or more studio apartments or rooming units that are available for rent for periods of seven days or more. Solid Waste Disposal Site or Solid Waste Transfer Station. Sites where residential or commercial waste materials are collected for transfer to a sanitary landfill. Stoop. An exterior floor typically, but not necessarily, constructed of concrete masonry, with a finished floor elevation at least six inches higher than the adjacent ground level, and utilized primarily as an access platform to a building. STORY. (See also Basement ) 1. Full story. That portion of a building, other than a basement or mezzanine, included between the surface of any floor and the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling above it. 2. Half story. The part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed fifty percent (50%) of the floor area of the story immediately below. Street. Street shall have the same meaning as road. See Road. Structure. Anything that is built or constructed upon or over the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in such definite manner. Structures include parking lots and other artificial surfaces constructed upon the ground. See also Building T V Definitions Temporary. For purposes of this title, temporary means a timeframe of no more than sixty days in any twelve month period. Timber Harvesting Activities. Means timber harvesting or activates associated with timber harvesting or forest development unless exempted under AS (a) - (c). Trail. A right-of-way or easement dedicated to public use, primarily for pedestrians, cyclists, horse riding, ATV, and similar activity. Trailer. Any vehicle used or intended to be used as living or sleeping quarters for humans, which may be towed from one location to another without change in structure or design. Use. The purpose for which land or a building is arranged, designed, or intended. Variance. A relaxation or modification of the requirements of this title as authorized by the planning and zoning commission under the provisions of this title and AS

36 VEHICLE. 1. Vehicle. A physical or mechanical means of transport in or by which someone travels or something is carried or conveyed. 2. Vehicle impound lot. A secured and screened lot for collection and storage of vehicles which have been impounded or authorized for storage by a law enforcement agency. Vehicle impound lot does not mean the processing or dismantling of vehicles for scrap metal or the sale of their parts. 3. Vehicle sales. A building or premises used primarily for the sale of new and used automobiles or other motor vehicles such as motorcycles, boats, recreational vehicles, airplanes, heavy equipment (including tractors and agricultural equipment). Such a business may include outdoor display and accessory indoor maintenance and repair. 4. Vehicle service station. Any building, structure, premises, or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of lubricants, tires, batteries, and other small accessories (including quick oil change facilities), and such other services which do not customarily or usually require the service of a qualified automotive mechanic. A vehicle service station may include accessory sales of convenience grocery and similar convenience items. 5. Vehicle repair, major. An automotive repair establishment which may conduct activities defined as "vehicle repair, minor" and one (1) or more of the following: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles, major overhauling of engine requiring removal of cylinder-head or crank case pan, recapping or retreading of tires, steam cleaning, and similar activities. 6. Vehicle repair, minor. A building or premises used primarily to provide general maintenance on automobiles such as oil changes and lubrication (when offered in conjunction with the other services allowed by this definition); servicing and repair of spark plugs, batteries, pumps, belts, hoses, air filters, and windshield wipers ; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing; auto detailing; sale and installation of automobile accessories such as tires, radios, and air conditioners; wheel alignment, balancing; but excluding tire recapping or grooving or any major mechanical repairs, collision work, undercoating, or painting. A minor vehicle repair establishment may include sales of fuel. 7. Vehicle car wash. A building or portion thereof with a primary purpose of washing motor vehicles W Z Definitions Warehouse. A building used for long-term and short-term storage and wholesale of manufactured products, supplies, and equipment related to the operation of a single business and material for a manufacturing facility. The use includes truck loading and unloading, provided the area dedicated to the outdoor storage of trucks and trailers is no more than the area of the warehouse building. Where the area dedicated to the outdoor storage of trucks and trailers exceeds the area of the warehouse building or the number of truck parking spaces exceeds the number of dock doors, the use shall be considered a truck terminal. Waterfront industrial use. Any industrial use allowed in the industrial districts (LI or I) with a lot line adjacent to the ocean waterfront and that is dependent to some degree on access to or use of the water. Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. 36

37 Wind Turbine. 1. Wind Turbine (See Figure ): Shall mean all or any combination of: a. Surface area, either variable or fixed, that converts wind energy into mechanical kinetic energy by spinning a shaft, gear, belt, or coupling to drive a generator, alternator, or other electricity-producing device to convert the mechanical energy into electrical energy; b. The tower upon which any, all, or some combination of the above are mounted; c. Wind resource monitoring station; and d. Other components not listed above but associated with the normal construction, operation, and maintenance of a wind turbine. 2. Horizontal Axis Wind Turbine. Converts wind energy into electricity with a horizontal axis of rotation. This type of wind turbine achieves optimal energy production when pointed into the direction of the wind. 3. Vertical Axis Wind Turbine. Converts wind energy into electricity with a vertical axis of rotation. This type of wind turbine does not need to be pointed into the direction of the wind to achieve optimal energy production. 4. Residential-scale Wind Turbine. Smaller wind turbine rated less than 100 kilowatts in generating capacity intended to provide electricity to an individual building. 5. Utility-scale Wind Turbine. Larger scale wind turbine rated at or above 100 kilowatts in generating capacity intended to provide electricity community wide. 6. Wind Turbine height. The distance from the ground at normal grade to the highest point of the turbine, including the tip of the blade in its full vertical position. WIRELESS TELECOMMUNICATION FACILITY. 1. Attached wireless communication facility (antennas). Any wireless communication facility affixed to an existing structure, such as a building, tower, water tank, utility pole, etc., utilized to receive and transmit federally or state licensed communications services via dually licensed segments of the radio frequency spectrum. This definition shall not include support structures. 2. Wireless communication facility. All facilities, structural, attached, accessory or otherwise, related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals and may include, but is not limited to, radio and television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings, and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities, short wave facilities, ham and amateur radio facilities, television reception antennae, satellite dishes, and governmental facilities which are subject to state and federal law or regulations that preempt municipal regulatory authority. A wireless communication facility shall not be included under the existing definition of "essential services." 3. Colocation. The location by two (2) or more wireless communications providers, public authorities, or other communications facilities on a common structure, tower, or building in a manner that reduces the overall need for additional or multiple freestanding single use communications facilities or support structures. 4. Wireless Communication Support Structure (Tower). Any wireless communication facility erected or modified to support attached wireless communication facilities, or other antennas or facilities, including supporting lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an attached wireless communication facility or similar apparatus above grade. This includes any ground or roof-mounted pole, monopole, lattice tower, light pole, utility pole, wood pole, guy wired tower, spire, other similar structure or combination thereof, or other structures which appear to be something other than a mere support structure. Worker housing. A building other than a bed and breakfast, boardinghouse, hotel, motel, or lodge that provides accommodations to workers in nearby industries, usually in dormitory rooms where several beds are provided for sleeping, with common sanitary facilities. 37

38 YARD. 1. Front yard. A yard extending across the full width of a lot measured between the front lot line of the lot or a future street (right-of-way) line and the nearest part of the main building. 2. Rear yard. A yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line. 3. Required yard setback. That portion of a lot that meets the minimum front, side, or rear setback of the zoning district in which the property is located 4. Side yard. A yard on each side of a main building and extending from the front yard, or front line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. A side yard abutting a street right-of-way is a street side yard. 5. Yard. An open unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this title, on the same lot on which a building is situated. Zoning compliance permit. An administrative land use permit issued by the community development department. Zoning compliance, Certificate of (CZC). A certification by the community development department stating that a specific property or use conforms with the requirements of this title, or is a nonconforming lot, use, or structure which may continue in accordance with the requirements of Chapter KIBC. Zoning district. A specified area designated by district boundaries on the official Kodiak Island Borough Zoning Maps. Zoning Map Atlas. The adopted zoning maps for the Kodiak Island Borough. 38

39 Chapter ENFORCEMENT Sections: Violations and Enforcement Enforcement Procedures Violations and Enforcement A. Violations. The following are violations of this title: 1. Any structure, alteration of a structure, or the use of land or a structure that conflicts with a provision or regulation of this title, a permit issued under this title, or any condition of an approval granted under this title. 2. To use or occupy a structure, land, or water other than as allowed by this title, a permit issued under this title, or any condition of an approval granted under this title. 3. To erect, construct, reconstruct, enlarge, move, repair, or alter a structure or any of its parts other than as allowed by this title, a permit issued under this title, or any condition of an approval granted under this title. 4. To violate the terms of an enforcement order that has not been appealed, or if appealed, remains in effect during the appeal or after all appeals have been exhausted. 5. To develop, occupy, or use any land or structure contrary to or in violation of the terms of this title, a permit issued under this title, or any condition of an approval granted under this title. 6. To develop, occupy, or use any land or structure in any manner for which a permit is required under this title without being first approved or after a required permit has been suspended or revoked. 7. To knowingly act in any manner declared by this title to be prohibited, unlawful, a violation, or an offense. 8. To cause another to commit a violation of this title. B. Acts. Each act or condition that violates this title and every day the act or condition occurs shall be a separate violation; however, days during which the property does not conform to this title but the violator is diligently working towards compliance shall not be considered days of violation, provided that compliance is achieved in a timely manner. C. Violator. A violator is a person who: 1. Commits or causes a violation of this title; 2. Occupies, maintains, keeps, alters, constructs, or establishes a structure or a use of land in violation of this title, a regulation, permit, or other approval issued according to this title; or 3. Owns, controls, or has the right to control land or a structure where the land or structure is used, occupied, maintained, kept, altered, constructed, or established in violation of this title, a regulation, permit, or other approval issued according to this title Enforcement Procedures When a violation of this title, an unauthorized deviation from a land use permit, or any other approval under this title is discovered, the following procedures shall be followed: A. Notice of Violation. The community development department shall notify the person responsible for the violation in writing via certified mail or by personal service. The notice of violation shall specify the nature of the violation and order its correction within a reasonable period of time (generally no longer than 30 days), unless the department requires a different period based on the aspects of the case. The community development department shall order the violation to be discontinued. The department shall take any other action authorized by this and other sections of this title, including revoking any permits or other approvals, to ensure compliance or to prevent violations. 39

40 B. C. D. E. F. G. H. Where, after issuance of a Notice of Violation but prior to the commencement of any administrative or judicial proceedings, the director determines that the person in violation is making a diligent effort to comply with the requirements of the notice, the director may issue a written stay of further enforcement actions pending full compliance. The stay shall list the diligent efforts to comply and should be provided to the violator. Planning and Zoning Commission Notified. All enforcement actions taken by the community development department shall be reported to the commission at its next regular meeting. Violation. A person violating an order by the community development department to correct a violation, as described in KIBC , above, or any term or condition of a conditional use, variance, or other land use permit issued under this title is guilty of a civil infraction pursuant to Chapter 1.20 KIBC and is subject to a civil fine as set by resolution of the borough assembly, which shall not exceed $1,000 per violation. Civil Infraction. The community development department may assess a civil fine for each violation of this chapter. Notice of a fine shall be served personally or by certified mail on the property owner, lessee, operator, or occupant of the parcel upon which the violation occurs. The fine may be appealed to the commission in accordance with Chapter KIBC. Citations for civil infractions may be included in an enforcement order. Appeals from the planning and zoning commission's determination on an appeal of a civil infraction shall proceed to superior court, pursuant to the Alaska Rules of Appellate Procedure, Part 6. Injunction. The borough may bring legal action to address any violation of this title, any order issued under subsection (A) of this section or any term or condition of a conditional use, variance, any other entitlement issued under this title, and to obtain damages for any injury the plaintiff suffered as a result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin the violation (AS ). Suspension or Revocation. 1. The borough may also initiate suspension or revocation of any land use permit if the owner or operator fails to comply with any of the applicable requirements in this title or conditions of approval attached to the permit. The process for suspending or revoking land use permits shall be the same as the process for suspending or revoking a conditional use permit (See KIBC and ). 2. If a conditional use permit has been suspended or revoked, the use may not be conducted, operated, or carried on until the department finds that any violations of this title or any conditions of permit approval have been resolved to their satisfaction. Recorded Notice. The borough may record a notice of a violation or unpaid civil fine against the title of the property in question if all appeal opportunities have been exhausted and the violation has not been abated or the civil fine paid. Penalties. The penalties associated with a violation of this title are in addition to, not in lieu of, any other penalty applicable under state law or any civil remedy available to the borough. 40

41 Title 17 ZONING Part 3 Zoning Districts Chapter Mapped Districts Chapter Residential Zoning Districts Chapter Commercial, Industrial, and Mixed Use Zoning Districts Chapter Settlement and Village Zoning Districts Chapter Remote and Resource Zoning Districts Chapter Resource Protection Overlay - Reserved Chapter Planned Unit Development Overlay 41

42 Chapter MAPPED DISTRICTS Sections: Districts Established Zoning Map District Boundaries Interpreted Zoning of Vacated Areas Temporary Classification Districts Established The following zoning districts are hereby established: A. Residential Zoning Districts. 1. R-1 Single-family Residential 2. R-2 Two-family Residential 3. R-3 Multi-family Residential 4. RR-1 Rural Residential 1acre 5. RR-2 Rural Residential 2 acre B. Commercial, Industrial, and Mixed Use Zoning Districts. 1. DB Downtown Business 2. B Business 3. NC Neighborhood Commercial 4. LI Light Industrial 5. I Industrial 6. MU Mixed Use C. Settlement and Village Zoning Districts. 1. V Village 2. PR Pasagshak Residential 3. CR1 Chiniak Residential 1 acre 4. CR2 Chiniak Residential 2 acre 5. CR5 Chiniak Residential 5 acre 6. C Conservation D. Remote and Resource Zoning Districts. 1. W Watershed 2. PL Public Lands 3. WH Wildlife Habitat 4. NU Natural Use E. Zoning Overlay Districts. 1. PUD Planned Unit Development 2. RPO Resource Protection Overlay Zoning Map The zoning districts are bounded and defined on an atlas of maps entitled Zoning Map Atlas of the Kodiak Island Borough. See KIBC (A). A copy of each map will be located in the office of the borough clerk and the community development department. Changes to the zoning map shall only be 42

43 made in accordance with this title. In the event the official zoning map is damaged, destroyed, or becomes difficult to interpret due to a large number of changes or additions, the borough assembly may certify a new official zoning map which supersedes all prior versions of the map District Boundaries Interpreted When uncertainty exists about the boundaries of districts shown on the zoning map atlas, the following rules apply: A. Boundaries indicated as following the centerline of streets, highways, or alleys will be interpreted to follow such centerlines. B. Boundaries indicated as following platted lot lines will be interpreted as following such lot lines. C. Boundaries indicated as following section or subdivision lines will be interpreted as following such section or subdivision lines. D. Boundaries indicated as following borough or city limits lines will be interpreted as following the borough or city limits line. E. Boundaries indicated as following shorelines or the mean high water elevation will be interpreted to follow such shorelines or the mean high water elevation and in the event of changes in the shoreline or the mean high water elevation boundaries will be interpreted as moving with the actual shoreline or the mean high water elevation. Tideland parcels shall have the same zoning classification as the adjoining upland parcel. F. Boundaries indicated as following the centerlines of streams, rivers, lakes, or other bodies of water will be interpreted to follow such centerlines. G. On unsubdivided property or where any of the features described above cannot determine the location of a boundary, the location of any district boundary shall be determined by the use of the scale or dimensions appearing on the official zoning map. H. Boundaries indicated as parallel to or extensions of features indicated in subsections A through F of this section shall be so interpreted. Distances not specifically indicated on the official zoning map shall be determined by the scale of the official zoning map. Where physical or cultural features existing on the ground do not agree with those shown on the official zoning map atlas or in other circumstances not covered by subsections (A) through (H) of this section, the community development department shall interpret the district boundaries Zoning of Vacated Areas Where any public street, road, alley or other public space is vacated, the regulations applicable to each parcel of abutting property shall apply to the portion of the street or alley added as a result of the vacation Temporary Classification Any land annexed to an incorporated city or village shall remain in the district within which it was located prior to annexation. The planning and zoning commission shall confer with the elected body of the city in question and may, upon request or upon its own initiative, initiate rezoning of the property to an appropriate zoning district. 43

44 Chapter RESIDENTIAL ZONING DISTRICTS Sections: Residential Zoning Districts Intent Schedule of Uses Lot Size, Height, Setback, and Dimensional Requirements Performance Criteria Residential Zoning Districts A. Districts. The following residential districts apply in the City of Kodiak, surrounding developed areas, and the City of Port Lions: 1. R1 - Single-family Residential 2. R2 - Two-family Residential 3. R3 - Multi-family Residential 4. RR1 - Rural Residential 1 acre 5. RR2 - Rural Residential 2 acre B. Description and Purpose. The residential zoning districts are intended to accommodate a range of housing opportunities and choices in and near the urban and suburban areas of the City of Kodiak and the City of Port Lions. Generally, the regulations in this chapter: 1. Provide quality living environments that encourage safety and enhance property values. 2. Protect open areas, water resources, woodlands, wetlands, topography, and other distinctive natural features that contribute to the overall quality of life in the Kodiak Island Borough. 3. Promote residential development patterns that respect environmental features to the degree practicable. 4. Prevent overcrowding by establishing standards for minimum lot sizes, widths, and yard dimensions. 5. Ensure residential development occurs in harmony with available and planned public utilities, facilities, and services. 6. Direct higher housing densities to those areas adequately served by roads and public utilities and services. 7. Serve residential areas by accommodating institutional uses such as schools, government facilities, public buildings, and places of worship that are of a scale and design compatible with the character of residential development. 8. Eliminate or reduce the impacts of conflicting or undesirable land uses on residential areas and prevent new conflicts. 9. Implement the goals, policies, recommendations, and Future Land Use Designations of the Kodiak Island Borough Comprehensive Plan Intent A. R1 Single-family Residential. The R1 District accommodates and supports new and existing singlefamily homes; discourages intruding business, commercial, or industrial land uses; prohibits other uses that could substantially interfere with the continued use of single-family homes, or new homes in the district; discourages continuing existing uses that would not be permitted as new uses under the provisions of this title; discourages any land uses generating traffic that results in exceeding the capacity of surrounding streets; and discourages any use that, because of its character or size, would result in significantly exceeding the capacities or increasing costs for public infrastructures or services than if the district were developed primarily for single-family homes. 44

45 B. R2 Two-family Residential. The R2 District has the same intent as the R1 District; however, it also allows two-family homes. This district is a transition zone between single-family residential and higher density residential districts. C. R3 Multi-family Residential. The R3 District allows the highest residential densities; it accommodates multi-family dwellings and other residentially related uses serving area residents. The district functions as a transition zone between non-residential and other residential districts. D. RR1 Rural Residential 1 acre. The RR1 District permits single-family homes on lots of 40,000 square feet and in some cases, 20,000 square feet when municipal water and sewer services are available. This district provides land areas for orderly residential growth; continues a pattern of residential development that is suburban in character; protects and stabilizes such areas, promoting and encouraging environments that enhance lifestyles compatible with lower densities; and maintains and preserves the suburban character of the areas near the City of Kodiak, Womens Bay, and the City of Port Lions. E. RR2 Rural Residential 2 acre. The RR2 District is similar to the RR1 district but is intended to accommodate larger lot, low-density, residential development with a minimum lot size of 2 acres Schedule of Uses The uses permitted in the Residential zoning districts are listed in Table References to specific use requirements in Title 17 KIBC, Part 4; Chapters through , Use Requirements & Site Development, are provided for each use category Dimensional Requirements Lot size, height, setback, and dimensional requirements in the Residential zoning districts are listed in Table Performance Criteria A. Noise. Noise at objectionable levels, emanating from a use beyond the boundaries of the site on which it is conducted, shall not be louder than the noise standards set forth in KIBC B. Lighting. All lights shall be installed and maintained to confine illumination, as much as practicable, or divert glare to the property upon which the use is located. Light levels shall be adequate for the safety of occupants or users of the site and glare shall not adversely affect the safety or welfare of an adjacent property or street. A process generating light or flashing, such as arc welding, shall be shielded so the impacts are not visible beyond the property line of the site on which the activity is conducted. C. Parking for Multi-family Uses. Parking areas serving multi-family uses, if located adjacent to a R-1 or R-2 zoning district shall be located at least ten feet from a side or rear property line and a fence, wall, or landscaping such as a hedge, shall be required to block or filter headlights. 45

46 1866 Table Schedule of Uses Residential Zoning Districts P = Permitted use by right. C = Conditional use. See Chapter KIBC X = Prohibited use In addition to Performance Standards noted in this table, permitted uses may be subject to additional land use and site development requirements. See Chapters through KIBC. RR-1 RR-2 R-1 R-2 R-3 Planned Unit Development (see Chapter KIBC) Planned Unit Development (PUD) C C C C C Accessory Uses (see Chapters through for Use Requirements and Site Development standards) Accessory buildings & structures (unless specifically listed below) P P P P P Accessory Dwelling Units P P C C C Home-based businesses C C C C C Home occupations P P P P P Domesticated animals and pets (1) P P P P P Keeping livestock for personal use on lots less than 20,000 sq. ft. in area C C X X X Keeping livestock for personal use on lots 20,000 sq. ft. or larger P P C C C Hoop houses P P P P P Child care homes (up to 4 children see definitions) P P P P P Licensed child care homes (4 to 8 children see definitions) C C C C P Private docks P P P P P Solar energy collectors P P P P P Federally licensed amateur radio facilities P P P P P Wind turbines, on-site accessory, up to 35 feet in height P P P P P Wind turbines, on-site accessory, over 35 feet in height C C C C C Residential (see Chapters through for Use Requirements and Site Development standards) Single-family dwellings P P P P P Two-family dwellings X X X P P Multi-family dwellings X X X X P Mobile home parks X X X X C Independent living facility X X X X C Assisted living family homes P P C C P Assisted living facilities X X X X C Licensed child care group homes (8 to 13 children see definitions) C C C C C Commercial Uses (see Chapters through for Use Requirements and Site Development standards) Retail Sales and Services (unless specifically listed below) X X X X X Barber and beauty shops X X X C P Fireworks stands (outside the City of Kodiak) C C X X X Licensed child care centers (more than 13 children see definitions) C C X X C Service and Office Uses (see Chapters through for Use Requirements and Site Development standards) Professional offices X X X C P 46

47 P = Permitted use by right. C = Conditional use. See Chapter KIBC X = Prohibited use In addition to Performance Standards noted in this table, permitted uses may be subject to additional land use and site development requirements. See Chapters through KIBC. RR-1 RR-2 R-1 R-2 R Commercial Kennels X C X X X Medical and dental offices X X X C P Lodging, Entertainment, Recreation, and Food Service Uses (see Chapters through for Use Requirements and Site Development standards) Bed and breakfasts P P C C C Boardinghouses and worker housing X X X X C Civic and Institutional Uses (see Chapter KIBC for Performance Standards) Group care homes X X X X P Hospitals X X X X C Libraries C C X C C Nursing homes X X X X C Parks, playgrounds, playfields, trails, and open space P P P P P Places of worship C C C C C Schools C C C C C INTENSIVE USES (see Chapters through for Use Requirements and Site Development standards) Agriculture, Forestry, Fishing and Related Uses Agricultural buildings and activities on lots smaller than 20,000 sq. ft. P P X X X Agricultural buildings and activities on lots larger 20,000 sq. ft. or larger (outside the City of Kodiak) P P X C C Essential Services Communication facilities/wireless communications: 1) colocation or new antennas on existing structures, or 2) an increase in existing tower height by the lesser of 10 percent or P P P P P 25 feet Communication facilities/wireless communications: 1) new antennas and towers, or 2) an increase in existing tower height C C C C C by more than 10 percent or 25 feet Ham Radio towers and antenna P P C C P Utility and service buildings and equipment C C C C C Notes to Table : (1) In the R-1, R-2, and R-3 zoning districts, up to five dogs, cats, or other domestic animals, aged six months or older are permitted provided that the animals are not kept for commercial purposes. In the RR-1 and RR-2 zoning districts, up to ten domesticated animals are permitted provided that the animals are not kept for commercial purposes. 47

48 Table Table Dimensional Requirements Residential Zoning Districts. Dimensional Requirements Zoning District Min. lot area (sq. ft.) Min. lot width (ft.) Max. height (ft.) Minimum Yard Setbacks (ft.) (1) Front Side Rear RR-2 Rural Residential 2 acre 2 acres (3) no water & 40, RR-1 Rural sewer Residential 1 acre (2) (3) 20 w/ water & 20, sewer R-1 Single-family Residential 7, (3) 5 (4) 10 R-2 Two-family Residential R-3 Multi-family Residential 7,200 Single, two, and three-family 7,200 Min. lot area (5) Four or more Max. units Density 18 units per acre (3) 5 (4) (3) 5 (4) 10 Min. lot width (ft.) 60 Max. height 35 ft./ 3 stories Front Minimum Yard Setbacks (ft.) (1) Side Building Separation Rear 25 5 (4) Notes to Table : (1) Whenever a property adjoins Lower Mill Bay Road between Center Avenue and Rezanof Drive East or Mission Road between Center Avenue and Benny Benson Drive, any structure shall be set back a minimum of 40 feet from the centerline of the platted right-of-way. (2) No water & sewer indicates reliance on a private well and septic system; w/ water & sewer indicates service by a public or private community water and sanitary sewer system. (3) Where adjoining lots fronting on the street have been developed, the average front yard setback of the developed lots may be applied if the average is less than the above minimum requirement. The adjoining lots must be in the same zoning classification. (4) Five feet from an interior side lot line; 10 feet from a street side lot line. (5) # of dwelling Minimum lot area per units dwelling unit 4 2,000 sq. ft ,600 sq. ft. 8 or more 1,200 sq. ft. 48

49 Chapter COMMERCIAL, INDUSTRIAL, AND MIXED USE ZONING DISTRICTS Sections: Commercial, Industrial, and Mixed Use Zoning Districts Intent Schedule of Uses Lot Size, Height, Setback, and Dimensional Requirements Performance Criteria Commercial, Industrial, and Mixed Use Zoning Districts A. Districts. The following commercial, industrial, and mixed use districts apply in the City of Kodiak, surrounding developed areas, and the City of Port Lions: 1. DB Downtown Business 2. B Business 3. NC Neighborhood Commercial 4. LI Light Industrial 5. I Industrial 6. MU - Mixed Use B. Description and Purpose. The commercial, industrial, and mixed use districts are intended to accommodate a range of non-residential land use and development opportunities in and near the urban and suburban areas of the City of Kodiak, the City of Port Lions, and other areas as shown on the zoning map atlas. Generally, the regulations in this chapter: 1. Provide quality environments that encourage safety and enhance property values. 2. Protect open areas, water resources, woodlands, wetlands, topography, and other distinctive natural features that contribute to the overall quality of life in the Kodiak Island Borough. 3. Promote development patterns that respect environmental features to the degree practicable. 4. Prevent overcrowding by establishing standards for minimum lot sizes, widths, and yard dimensions. 5. Ensure commercial, office, and mixed use development occurs in harmony with available and planned public utilities, facilities, and services. 6. Direct concentrations of commercial uses and higher housing densities to those areas adequately served by roads and public utilities and services. 7. Accommodate institutional uses such as schools, government facilities, public buildings, and places of worship that are of a scale and design compatible with the character of commercial, office, and mixed use development. 8. Eliminate or reduce the impacts of conflicting or undesirable land uses on nearby residential areas and prevent new conflicts. 9. Promote traffic flow pattern that are consistent with the vehicle-intensive or pedestrian-friendly character of each zoning district. 10. Restrict the exposure of potential pollutants and other nuisances typically produced by industrial operations. 11. Implement the goals, policies, recommendations, and Future Land Use Designations of the Kodiak Island Borough Comprehensive Plan. 49

50 Intent A. DB Downtown Business. The DB Downtown Business District provides a centrally-focused business district encompassing the heart of urbanized Kodiak. It accommodates a range of retail, service, lodging, office, and entertainment uses to serve both citizens and visitors. The DB district is intended to help maintain a continuous population in Kodiak s urban core and to promote downtown neighborhood vitality. This district also accommodates a limited range of residential uses. B. B Business. The B Business District supports a mix of commercial and service uses in commercial areas outside downtown Kodiak and in commercial areas serving the City of Port Lions. Uses range from small businesses or business and office centers to large-scale retail stores serving the entire borough. District uses are primarily auto-dependent and include retail, services, offices, entertainment, as well as more intensive ones such as motor vehicle repair, heating and cooling contractors, and similar activities. C. NC - Neighborhood Commercial. The NC Neighborhood Commercial District promotes uses that are generally smaller in scale, providing convenience retail and services to nearby residential neighborhoods. The allowed uses in this district are limited to discourage traffic, noise, and other impacts on residential areas. D. LI Light Industrial. The LI Light Industrial District supports low intensity, light manufacturing, repair and service business uses that do not generate excessive noise, emissions, vibration, odor, or other negative impacts. E. I Industrial. The I Industrial District permits manufacturing and related activities of a greater intensity, such as large scale warehousing, port and transportation uses that may or may not generate emissions, noise, vibration, odors, and other impacts. F. Mixed Use. The MU Mixed Use District allows residents and visitors to enjoy a lively atmosphere in the urban area of the borough by encouraging walking and biking to shopping, services, entertainment, and employment. This is accomplished by providing opportunities for residential and commercial, service, or office uses to be located on a single site, in close proximity to one another, or within the same building. The MU district is also intended to allow a mix of light industrial and other non-residential land uses to be located on a single site, in close proximity to one another, or within the same building. 1. The MU zoning district is only allowed on lands designated for such mixed use in the Comprehensive Plan Schedule of Uses The uses permitted in the commercial, industrial, and mixed use zoning districts are listed in Table References to specific use requirements in KIBC Title 17, Part 4; Chapters through , Use Requirements & Site Development, are provided for each use category Dimensional Requirements Lot size, height, setback, and dimensional requirements are listed in Table Performance Criteria A. Noise. Noise at objectionable levels, emanating from a use beyond the boundaries of the site on which it is conducted, shall not be louder than the noise standards set forth in KIBC Where a use is adjacent to a Remote or Resource zoning district (Chapter KIBC), sound measured at the nearest dwelling shall not exceed 55 db(a). B. Lighting. All lights shall be installed and maintained to confine illumination, as much as practicable, or divert glare to the property upon which the use is located. Light levels shall be adequate for the safety of occupants or users of the site and glare shall not adversely affect the safety or welfare of an adjacent property or street. A process generating light or flashing, such as arc welding, shall be shielded so the impacts are not visible beyond the property line of the site on which the activity is conducted. 50

51 C. Fire and Safety Hazards. Hazardous materials shall be stored and handled in compliance with the fire prevention code and all other applicable laws and regulations. An underground fuel or similar liquid storage tank shall be as far from a property line as its greatest dimension (diameter, length, or height). D. Smoke, Fumes, Gases, Dust, and Odors. Smoke, radiation, fumes, gas, dust, odors, or other atmospheric pollutant that can spread beyond the boundaries of a lot occupied by a use resulting in a public nuisance, public danger, or adversely affecting the use of adjacent properties is prohibited. E. Outdoor Storage. Outdoor material or equipment storage shall be subject to the requirements of KIBC 17. For lumber, logs, or other combustible material storage, a graded and maintained road that permits free access for fire trucks throughout the property at all times shall be provided. F. Buffers. An industrial use adjacent to a residential district shall be buffered from the adjoining use according to the applicable requirements of KIBC G. Retail, Office, and Service Uses in the MU District. 1. Uses shall be limited to the following: a. Retail sales and service uses. b. Recreation or tourism businesses, other than lodging, restaurants, or accommodations. c. Professional offices, including medical or dental offices. H. Residential Uses in the MU District. 1. In addition to required parking for the non-residential use, two parking spaces for each dwelling unit shall be provided. 2. Any number of dwelling units may be mixed with commercial or service uses in the MU Mixed Use District. 3. A maximum of two dwelling units may be mixed with light industrial units, provided the light industrial use is the principal use of the lot. Such residential uses shall not constitute more than 30% of the gross floor area of the principal structure. 51

52 Table Schedule of Uses - Commercial, Industrial, and Mixed Use Zoning Districts P = Permitted use by right. C = Conditional use. See Chapter KIBC X = Prohibited use In addition to Performance Standards noted in this table, permitted uses may be subject to additional land use and site development requirements. See Chapters through KIBC. NC-Neighborhood Commercial B-Business DB- Downtown Business LI-Light Industrial I- Industrial MU Planned Unit Development (see Chapter KIBC) Planned Unit Development (PUD) C C C C C C Accessory Uses (see Chapters through for Use Requirements and Site Development standards) Accessory buildings and structures P P P P P P Federally licensed amateur radio facilities P P P P P P Residential (see Chapters through for Use Requirements and Site Development standards) Dwelling units (above the street level) of permitted nonresidential uses P P P P P P Dwelling unit (on-site) used by the owner, caretaker, or manager accessory to an approved commercial or industrial use C P P P P P Independent living & assisted living facilities C C C X X C Single-family dwelling on the ground floor of a structure containing an C P X X X C allowed nonresidential use Multi-family X C P X X P Mobile home parks X P X X X X Commercial Uses (see Chapters through for Use Requirements and Site Development standards) All Retail sales and services < 5,000 square feet gross floor area (unless the use is specifically listed below or elsewhere in the Title 17 Schedule of Use Tables) All Retail sales and services > 5,000 square feet gross floor area (unless the use is specifically listed below or elsewhere in the Title 17 Schedule of Use Tables) P P P C X P C P P C X P Brewpub or small brewery, producing no more than 5,000 barrels per year C P P P C P Building material suppliers X P X P P C Fireworks stands (outside of the City of Kodiak) X C X C C X Service and Office Uses (see Chapters through for Use Requirements and Site Development standards) All Service and office uses (unless the use is specifically listed below or P P P C X P elsewhere in the Title 17 Schedule of Use Tables) Animal Hospitals C P P C X C Commercial Kennels C P X C X X Commercial recreational facilities (e.g., health clubs, racquetball courts, C P C C C C ice rinks, etc.) Funeral homes P P P C X C Licensed child care centers P P C C X P Urgent care centers & rehabilitation centers C P P C X C Vehicle repair, minor X P P P P X Major vehicle repair & auto body shops X P X P P X 52

53 Lodging, Entertainment, Recreation, and Food Service (see Chapters through for Use Requirements and Site Development standards) Adult regulated business X C C C C X Bed and breakfasts up to 5 rooms P X X X X P Hotels, motels, and lodges C P P C X C Boardinghouses, dormitories, and worker housing P P P C C C Restaurants P P P C C C Bars and lounges X P P C C C Recreational vehicle parks X C X C X X Civic and Institutional Uses (see Chapters through for Use Requirements and Site Development standards) All Arts, Cultural, and Civic uses (unless the use is specifically listed NC B DB DD BB DB LI I M U X P P C X P below or elsewhere in the Title 17 Schedule of Use Tables) Assembly halls and community buildings > 5,000 square feet in gross floor area C P P C X P Cemeteries X X X C X X Hospitals and medical clinics X C C X X C Laboratories X P P C C C Nursing homes X P X X X C Group care homes X P X X X X Parks, playgrounds, playfields, trails, and open space P P P C X C Places of worship P P P C C P Schools < 5,000 square feet gross floor area P P X C X C Schools > 5,000 square feet gross floor area C C C C C C INTENSIVE USES (see Chapters through for Use Requirements and Site Development standards) NC B DB LI I Transportation Related Airports, airfields, and airstrips (including support facilities) X X X C C X Air cargo, express, and parcel delivery establishments C P C P P C Commercial car wash establishments X P C P P C Freight terminals X C X P P X Marinas and boat mooring X C C P P C Agriculture, Forestry, Fishing, and Related Uses (see Chapter M NC B DB LI I KIBC for Performance Standards) U Seafood processing facilities and related structures X P C P P C Timber harvesting activities and transportation and utility facilities in support of permitted timber harvest activities X X X X X X Logging Camps and Timber Harvest Support Facilities (e.g., log transfer facilities), including timber products processing facilities X X X X C X Industrial, Manufacturing, Storage, and Mineral Extraction Uses M NC B DB LI I U All Manufacturing or light industrial uses with an aggregate gross floor area of 40,000 square feet or greater, when the use is adjacent to or within 300 feet of property in a Residential zoning district (unless the use is specifically listed below or elsewhere in the Title 17 Schedule of Use Tables). All Manufacturing or light industrial uses with an aggregate gross floor area less than 40,000 square feet, when the use is adjacent to or within 300 feet of property in a Residential zoning district (unless the use is specifically listed below or elsewhere in the Title 17 Schedule of Use Tables). M U X C X C P X X C X P P X Asphalt manufacturing or refining, batch, and mixing plant X X X X P X 53

54 Chemical, gas, or bulk oil product production, processing, refining, storage, or sales X X X X C X Concrete batch plants X X X C P X Lumber mills, sawmills, and building material manufacturing. X C X P P X Rock crushers X X X C P X Sand, gravel and mineral extraction activities and related structures (non-recreational) X X X X P X Junkyards, wrecking, salvage, or scrap metal operations X X X C P X Essential Services M NC B DB LI I U Commercial composting or soil remediation facilities X C X C C X Communication facilities/wireless communications; co-location or location on existing structure or increase in existing tower by lesser of P P P P P P 10 percent or 25 feet Communication facilities/wireless communication; new antenna/tower or increase in existing tower by more than 10 percent or 25 feet X C C C C C Garbage and solid waste disposal sites, transfer stations, recycling centers, dumps, and sanitary landfills X C C C C X Utility and service buildings and equipment C C C P P C Wind turbines, community utility X C X C C X Table Dimensional Requirements- Commercial, Industrial, and Mixed Use Zoning Districts Kodiak Island Borough Zoning District Table Area, Height, and Placement Requirements: Min. lot area (sq. ft.) Min. lot width (ft.) Max. building height (ft.) Min. front yard (ft.) (1) Min. side yard (ft.) (1) Min rear Yard (ft.) (1) NC Neighborhood Commercial (3) 10 (3) B Business 7, (3) 10 (3) DB Downtown Business none none 50 none (2)(3) (3) LI Light Industrial 20, (8) (5) 15 (5) I Industrial (4) 40, (6) 30 (9) 20 (9) 20 (9) Single-Family 7, () 5 (9) 10 MU Mixed Use Multi-family (10) () 5 (9)) 10 Mixed uses (11) () 10 (13) Notes to Table : (1) Whenever a property adjoins Mill Bay Road between Center Avenue and Rezanof Drive East or Mission Road between Center Avenue and Benny Benson Drive, any structure shall be set back a minimum of 40 feet from the centerline of the platted right-of-way. (2) No side yard setback is required; however, buildings on abutting lots in the DB District shall maintain a minimum separation of five feet or the distance required by building and fire codes in KIBC Title 15, Buildings and Construction (3) For lots abutting the RR2, RR1, R1, or R2 districts, a minimum setback of 20 feet is required. (4) The area, height, and placement (setback) requirements do not apply to waterfront industries in the I District when those uses are located on the marine waterfront. (5) The rear and side yard setback requirements in the LI District shall be 25 feet when adjacent to a lot in the RR1, RR2, R1, R2, or R3 districts. (6) While building height is not limited, any building within 50 feet of the RR1, RR2, R1, R2, or R3 districts shall not be taller than 35 feet. (7) For properties in the I District located on a designated state highway, the setback shall be 50 feet. (8) A side or rear yard setback is not required if the wall of the building meets all applicable requirements of KIBC Title 15, Buildings and Construction. 54

55 (9) Five feet from an interior side lot line; 10 feet from a street side lot line. (10) For multi-family uses, 3,200 square feet per unit for the first three units; 1,200 square feet per each unit over three. (11) Minimum shall be the requirement for the residential use, plus 6,000 square feet. (12) Minimum side yard shall be 10 percent of the lot width or 25 feet, whichever is less. (13) Minimum rear yard shall be 25 percent of the lot depth, or 25 feet, whichever is less. 55

56 Chapter SETTLEMENT AND VILLAGE ZONING DISTRICTS Sections: Settlement and Village Zoning Districts Description and Purpose Schedule of Uses Lot Size, Height, Setback, and Dimensional Requirements Separation between Uses Performance Criteria Settlement and Village Zoning Districts A. Village District. This district encompasses the cities and village that may only be reached via air or sea, with the exception of the City of Port Lions. For the purposes of this title, the following incorporated cities and native villages shall be considered villages: 1. Akhiok 2. Karluk 3. Larsen Bay 4. Old Harbor 5. Ouzinkie B. Settlement Districts. The following areas of development accessible via the existing network of borough roads 1 : 1. PR Pasagshak Residential 2. CR1 - Chiniak Residential 1 acre 3. CR2 Chiniak Residential 2 acre 4. CR5 - Chiniak Residential 5 acre 5. C - Conservation 6. Other unorganized settlements along the road system, as may be designated by the borough and delineated on the Kodiak Island Borough Official Zoning Maps Description and Purpose A. V - Village. The Village District recognizes the historic pattern of settlement and development in the villages and allows a mix and variety of uses, including residential, lodging, commercial, and industrial uses that serve residents and visitors. In most cases, the V District is limited to the existing developed (subdivided) portion of the incorporated villages. B. Settlement Districts. The settlement zoning districts recognize the predominantly residential character of the connected settlements on the road system. These districts are intended to accommodate and control single-family development at densities supporting rural residential subdivisions or neighborhoods. These districts also allow limited recreational and institutional uses serving residents. There are three settlement zoning districts: 1. PR Pasagshak Residential. This district encompasses the developed areas of Pasagshak. It reflects the predominantly single-family character of this area and implements the vision and goals of the Pasagshak Comprehensive Plan. Minimum lot sizes are intended to account for the capability of land in this area to support on-site sanitary sewer systems and water wells. Because of the abundant recreational opportunities in this area, limited lodging uses are also permitted. 2. CR1 Chiniak Residential 1, CR2 Chiniak Residential 2, and CR5 Chiniak Residential 5 Districts. The CR1, CR2, and CR5 districts permit single-family development and limited two-family and 1 Although Womens Bay (a.k.a. Bell s Flats) technically falls under this designation, zoning districts for this area are listed in Chapter KIBC. 56

57 institutional uses. These districts are differentiated by minimum lot size requirements. Limited lodging uses are permitted in these districts. 3. C Conservation. The C Conservation District allows limited development and activities in mostly wild, unspoiled areas in remote areas of the Borough, as well along the road system. Agriculture, resource extraction, lodging, and certain recreation uses are allowed, as well as single-family homes on large lots. This district protects and preserves the open spaces and vistas that characterize the non-settled areas of the Kodiak Island Borough Schedule of Uses (add Hoop Houses) The uses permitted in the Settlement and Village zoning districts are listed in Table References to specific use requirements in KIBC Title 17, Part 4; Chapters through , Use Requirements & Site Development, are provided for each use category Dimensional Requirements Lot size, height, setback, and dimensional requirements are listed in Table Separation between Uses Structures or outdoor areas containing uses in different Future Land Use Designations or zoning districts shall be separated by the minimum distances in Table Structures shall also meet the setback requirements outlined in Table Performance Criteria The following performance requirements shall apply to all uses in the Settlement and Village zoning districts. Wherever a requirement elsewhere in this title conflicts with this section, the requirements of this section shall prevail. A. Lighting. Exterior lighting shall be installed so the light source, as far as practical, avoids glare and shines light away from any neighboring residential use. B. Utilities. All dwellings and uses shall be connected to an approved public sanitary sewer and water system unless an alternative has been approved by ADEC. C. Site Development Standards. 1. Development activities shall not adversely impact other properties by causing damaging alterations to surface water drainage, ponding, slope failure, erosion, or siltation. Mitigating measures such as installing culverts, providing buffers, avoiding steep slopes, or other methods shall be used to comply with this requirement. 2. Once site grading has been completed, all exposed slopes, cleared areas, filled areas, and disturbed soils shall be sufficiently protected. 3. All development shall provide a drainage system that directs runoff water into either an engineered or a natural drainage system in conformance with Best Management Practices and any adopted borough drainage management plan. D. Additional Performance Requirements. Additional performance requirements shall apply to the following uses: 1. Bed and Breakfasts. Bed and breakfast uses shall meet the requirements of KIBC for lodging, entertainment, recreation, and food service uses. 2. Lodges Accommodating Up To 15 Guests. a. The minimum lot size shall be one acre. b. Areas that accommodate outdoor activities which may result in noise or otherwise impact adjacent residential properties, shall not take place less than 50 feet from any property line shared with a residential use. Outdoor activities on the premises shall not be conducted after 10 p.m. or before 8 a.m.. 57

58 c. A lodge accommodating up to 15 guests may provide meals to guests only, unless a conditional use permit to provide meals to non-guests has been approved. d. All structures for lodges accommodating 15 or more guests shall be setback at least 30 feet from any property line adjacent to a single or two-family dwelling unit. 3. Home-Based Businesses. A home based business shall comply with the requirements of KIBC , except as follows. a. The following shall not be considered a home-based business and are prohibited: i. Any business requiring 1,000 square feet of gross floor area or greater. ii. Any business utilizing heavy equipment, trailers, or trucks with a gross vehicle weight rating of 20,000 pounds or greater. b. The minimum lot area shall be 7,200 square feet. c. Home based businesses shall not operate between 8 p.m. and 7 a.m., except for administrative activities that take place completely within the dwelling and are not discernible from outside. 4. Retail, office, and service uses in the V District. a. Buildings housing such uses when adjacent to residential uses shall be setback at least 30 feet from the shared lot line. b. Hazardous areas must be adequately fenced to avoid trespass, accidents, and potential impacts on surrounding land uses. c. Natural or man-made barriers shall be used to reduce the potential effects an intruding use may have on an established residential area. d. Utility buildings, equipment, and yards should be located at the edge of a residential area and be near other institutional, commercial or industrial uses, or public open spaces and must be located on the same lot as the use. e. Wrecked, partially dismantled, or other derelict vehicles shall only be stored in a designated area. f. Storage shall be appropriately screened from public view as determined by the community development department. 5. Livestock grazing. Livestock grazing is a permitted use only in those areas historically designated for livestock grazing, described as that area consisting of the northeast portion of Kodiak Island, east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and also including Chirikof Island and Sitkinak Island. Livestock grazing is permitted outside of the described area if allowed in the zoning district, but only upon approval of a conditional use permit. See KIBC for specific requirements regarding livestock grazing on lands not publicly owned in the C District

59 2189 Table Schedule of Uses Settlement and Village Zoning Districts Table Schedule of Uses P = Permitted use by right C = Conditional use. See Chapter 17.2 KIBC X = Prohibited use In addition to Performance Standards noted in this table, permitted uses may be subject to additional land use and site development requirements. See Chapters through KIBC. PR-Pasagshak Residential CR1-Chinal Residential 1 & CR2-Chiniak Residential 2 CR5-Chiniak Residential 5 C-Conservation V-Village Planned Unit Development (See Chapter KIBC) Planned Unit Development (PUD) C C C C C Accessory Uses (see KIBC for Performance Standards and Chapters through for Use Requirements and Site Development standards) Accessory buildings and structures P P P P P Accessory Dwelling Units P P P P P Home occupations P P P P P Home-based businesses C C P P P Domesticated animals and pets (1) P P P P P Keeping of livestock for personal use P P P P P Outdoor storage accessory to an approved non-residential use C C C C C Private docks P P P P P Solar energy collectors P P P P P Federally licensed amateur radio facilities P P P P P Wind turbines, on-site accessory, up to 35 feet in height P P P P P Wind turbines, on-site accessory, over 35 feet in height C C C C C Residential (see Chapters through for Use Requirements and Site Development standards) Single-family dwellings P P P P P Two-family dwellings X X X X P Multi-family dwellings X X X X C Mobile home parks X X X X C Independent living facilities X C C X C Assisted living facilities X X X X C Licensed child care home P P P C P Commercial Uses (see Chapters through for Use Requirements and Site Development standards) Retail, office, and service uses X X X X C Licensed child care group home C C C X C Licensed child center X X X X C Service and Office Uses (see Chapters through for Use Requirements and Site Development standards) Professional Offices X X X X P Commercial Kennels X C C C C Lodging, Entertainment, Recreation, and Food Service Uses (see Chapters through for Use Requirements and Site Development standards) Restaurants X X X X C Bars and lounges X X X X X Bed and breakfasts P P P P P 59

60 Table Schedule of Uses P = Permitted use by right C = Conditional use. See Chapter 17.2 KIBC X = Prohibited use In addition to Performance Standards noted in this table, permitted uses may be subject to additional land use and site development requirements. See Chapters through KIBC. PR-Pasagshak Residential CR1-Chinal Residential 1 & CR2-Chiniak Residential 2 CR5-Chiniak Residential 5 C-Conservation V-Village Boardinghouses and worker housing X X X C C Guiding, outfitting, recreational mining, fishing charter services, and similar activities C C C P P Lodges accommodating up to 6 guests C C P P C Lodges accommodating 7 or more guests X X X C C Recreational vehicle parks X X X C C Civic and Institutional Uses (see Chapters through for Use Requirements and Site Development standards) All Arts, Cultural, and Civic uses (unless the use is specifically listed below or elsewhere in the Title 17 Schedule of Uses Tables) C C C C C Cemeteries X C C C C Clinics X X X X C Group care homes X X X X C Nursing homes X X X X C Parks, playgrounds, playfields, trails, and open space P P P P P Places of worship C C C C C Schools C C C C C INTENSIVE USES (see Chapters through for Use Requirements and Site Development standards) Transportation and Motor Vehicle Related Uses Airports, airfields, and airstrips - including support facilities X C C C C Marinas and boat moorage X C C C C Vehicle repair, minor X X X X P Agriculture, Forestry, Fishing, and Related Uses Agricultural buildings and activities (2) P P P P X Timber harvesting activities X X X C X Logging camps and timber harvesting support facilities (e.g., log transfer facilities), including timber products processing facilities X X X C X Commercial fishing and related activities X X C P C Seafood processing facilities and related structures X X X C C Industrial, Manufacturing, Storage, and Mineral Extraction Uses Machine shop, metal working, or welding X X X X C Mini-warehouses X X X X X Service or repair of consumer goods X X X X P Essential Services Communication facilities/wireless communication facilities; new antenna/tower or increase in existing tower by lesser of 10 percent or 25 feet C C C C C Communication facilities/wireless communications; co-location or location on existing structure P P P P P Garbage disposal sites, transfer stations, recycling centers, dumps, and sanitary landfills C C C C C 60

61 Table Schedule of Uses P = Permitted use by right C = Conditional use. See Chapter 17.2 KIBC X = Prohibited use In addition to Performance Standards noted in this table, permitted uses may be subject to additional land use and site development requirements. See Chapters through KIBC. PR-Pasagshak Residential CR1-Chinal Residential 1 & CR2-Chiniak Residential 2 CR5-Chiniak Residential 5 C-Conservation V-Village Power generation stations, water/wastewater treatment facilities, and related utility buildings and equipment C C C C C Utility and service buildings and equipment C C C C C Wind energy conversion systems, community utility C C C C C Notes to Table : (1) Up to ten domesticated animals are permitted provided that the animals are not kept for commercial purposes. (2) For requirements related to livestock grazing, see KIBC (F) 5 and Table Dimensional Requirements Settlement and Village Zoning Districts Table Dimensional Requirements Min. lot Min. lot Max. Min. Min. side Min rear Zoning District area width building front yard Yard (sq. ft.) (ft.) height (ft.) yard (ft.) (ft.) 2 (ft.) 2 PR-Pasagshak Residential 40, CR1-Chiniak Residential 1 40, CR2-Chiniak Residential 2 2 acres CR5-Chiniak Residential 5 5 acres C-Conservation 3 5 acres V-Village 7, Notes to Table : (1) The minimum lot area necessary to support on-site septic systems is subject to ADEC requirements, but shall not be less than 40,000 square feet. (2) An accessory structure used strictly as a garage or storage building serving a residential building is subject to the setback requirements of this Table. All other accessory structures shall be subject to the separation of uses requirements in Table (3) The maximum lot coverage in the Conservation district is 5%. (4) A waterfront setback of 50 applies in the Conservation district and a 50 setback is required from the banks of anadromous fish water bodies that are specified pursuant to AS (a) and 5 AAC Land clearing, filling, excavation, or structural development is prohibited within this setback, except in the case of timber harvesting activities, whose required setback will be regulated by AS through This provision shall not prevent removal of vegetation in the setback area, when the removal is associated with a habitable residential or recreational structure, provided the removal of vegetation is limited to: a. Up to 50 percent of the trees; and b. Other vegetation if a suitable ground cover (such as grass) is planted. Water-dependent facilities, in-stream development activities, and fording may be authorized within the 50 foot setback and in the water body, when permitted by the Alaska Department of Fish and Game under AS (b) and (d) and 5 AAC (5) Water and sewer required or minimum lot area necessary to support on-site septic systems per ADEC requirements is required. 61

62 Table Separation of Uses Settlement and Village Zoning Districts Table Separation of Uses Proposed Use: (see categories in Table ) Residential Single or twofamily Multifamily (1) Adjacent Use: separation in feet (2) Commercial or Lodging (3) Civic or Institutional All others (4) Residential; Single or twofamily Residential; Multi-family (1) Commercial or Lodging (3) Civic or Institutional All others (4) Notes to Table : (1) Multi-family also includes mobile home parks and senior housing. (2) If a buffer is installed within the separation area on the lot containing the more intensive use, the above requirements may be reduced by up to 50 percent. However, in no case shall uses be separated less than 10 feet. A buffer may consist of a berm, landscaping, a fence, or a wall subject to the requirements of KIBC The community development department shall determine if a reduction is warranted and the amount of the reduction, based on the related uses, the design of the buffer, and its effectiveness in reducing potential impacts from noise, lighting, or activities associated with the more intensive use. (3) Lodging refers to uses identified as Lodging, Recreation, Entertainment, and Food Service uses, see Chapter KIBC. (4) All others refers to uses listed as Intensive Uses, see Chapter KIBC. 62

63 Chapter REMOTE AND RESOURCE ZONING DISTRICTS Sections: Remote and Resource Zoning Districts Description and Purpose Schedule of Uses Lot Size, Height, Setback, and Dimensional Requirements Performance Criteria Remote and Resource Zoning Districts A. Districts. The following Remote and Resource districts apply in the Borough: 1. W - Watershed 2. PL Public Lands 3. WH Wildlife Habitat 4. NU Natural Use Description and Purpose A. W Watershed. The W Watershed District is established to guarantee and protect the water resources of the Kodiak Island Borough. This district helps ensure drinking water for current and future residents and applies to the watersheds of natural water bodies or artificial impoundments needing protection. B. WH Wildlife Habitat. The WH Wildlife Habitat District encompasses lands on the Shearwater Peninsula and is established to protect wildlife habitat, maintain habitat productivity, provide for human use of fish and wildlife resources, and to maintain valid existing rights and uses. Industrial land uses are prohibited in this district and livestock grazing is restricted or prohibited to minimize conflicts with wildlife. C. NU Natural Use. The NU Natural Use District is intended to protect vital environmental and ecosystem resources, including fish and wildlife habitat, while allowing for limited human use of fish, wildlife and plant resources. This district is also intended to protect public trails and pathways, protect waterways and banks, and discourage most forms of development that may have a negative impact on vital environmental and ecosystem resources. D. PL Public Lands. The PL District encompasses lands within the Kodiak Island Borough that are owned and used by public entities and native corporations, for use by the public, such as schools, parks, government buildings, and other public uses Schedule of Uses The uses permitted in the Remote and Resource zoning districts are listed in Table References to specific use requirements in KIBC Title 17, Part 4; Chapters through , Use Requirements and Site Development, are provided for each use category Dimensional Requirements Lot size, height, setback, and dimensional requirements are listed in Table Performance Criteria A. Outdoor Gathering Spaces. Outdoor gathering spaces are permitted in the W Watershed District. Permanent worship buildings and associated accessory structures are prohibited. B. Livestock Grazing. Livestock grazing is a permitted use only in those areas historically designated for livestock grazing, described as that area consisting of the northeast portion of Kodiak Island, east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and also including Chirikof Island and Sitkinak Island. Livestock grazing is permitted outside of the described 63

64 area if allowed in the zoning district, but only upon approval of a conditional use permit. See KIBC for specific requirements regarding livestock grazing. C. NU District Conditional Uses. Approved conditional uses in the NU District will conform to the following performance standards: 1. The use must support a public need; and 2. The use must minimize the impact on the natural environment and shall preserve, to the maximum extent feasible and prudent natural features, specifically: a. 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; b. Conditional uses in estuaries, tide flats, and wetlands must assure water flow, natural circulation patterns, and adequate nutrient and oxygen levels; and c. 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. 64

65 2319 Table Schedule of Uses Remote and Resource Zoning Districts Table Schedule of Uses P = Permitted use by right C = Conditional use. See Chapter KIBC X = Prohibited use In addition to Performance Standards noted in this table, permitted uses may be subject to additional land use and site development requirements. See Chapters through KIBC. W-Watershed WH-Wildlife Habitat NU-Natural Use PL- Public Lands Planned Unit Development (see Chapter KIBC) Planned Unit Development (PUD) X X X X Accessory Uses (see Chapters through for Use Requirements and Site Development standards) Accessory buildings or structures customarily incidental to an allowed principal uses X C X P Home based businesses X C X X Home occupations X P X X Solar energy collectors X P X P Private docks X C X X Federally licensed amateur radio facilities X C X P Wind turbines, on-site accessory, up to 35 feet in height X P X P Wind turbines, on-site accessory, over 35 feet in height X C X C Residential (see Chapters through for Use Requirements and Site Development standards) Single-family dwellings X P X X Recreational Cabins X P X C Commercial Uses (see Chapters through for Use Requirements and Site Development standards) Retail Sales and services X X X X Service and Office Uses (see Chapters through for Use Requirements and Site Development standards) Professional Offices X X X X Lodging, Entertainment, Recreation, and Food Service Uses (see Chapters through for Use Requirements and Site Development standards) Bed and breakfasts X X X X Boarding houses and worker housing, when accessory to an approved intensive use X X X X Commercial guiding/outfitting, recreational mining, fishing charter services, and X C X P related structures Lodges accommodating up to 6 guests X X X X Lodges with accommodations for more than 6 but no more than 15 guests X X X X Lodges accommodating 15 guests or more X X X X Recreational vehicle parks X X X X Restaurants X X X X Civic and Institutional Uses (see Chapters through for Use Requirements and Site Development standards) Parks, playgrounds, playfields, trails, and open space Without permanent structures C P P P With permanent structures X X X P 65

66 Table Schedule of Uses P = Permitted use by right C = Conditional use. See Chapter KIBC X = Prohibited use In addition to Performance Standards noted in this table, permitted uses may be subject to additional land use and site development requirements. See Chapters through KIBC. W-Watershed WH-Wildlife Habitat NU-Natural Use PL- Public Lands Places of Worship X X X X INTENSIVE USES (see Chapters through for Use Requirements and Site Development standards) Transportation and Motor Vehicle Related Airports and airstrips X X X C Public coastal docking facilities X X C C Agriculture, Forestry, Fishing and Related Agricultural buildings and activities, except livestock grazing (1) X P X X Commercial fishing activities and related structures, including mariculture X P X X Commercial hunting, trapping, and plant gathering C P X X Fish, wildlife, or habitat enhancement or Without permanent structures P P P P rehabilitation With permanent structures C C C P Greenhouses and horticulture, commercial X X X X Livestock grazing outside of the areas historically established for such use X X X X Timber Harvesting X X X X Logging camps and timber harvesting support facilities (e.g., log transfer facilities), including timber products processing facilities X X X X Seafood processing facilities and related structures X X X X Manufacturing and Storage Uses (see Chapters through for Use Requirements and Site Development standards) Storage buildings as a principal use (<600 sq. ft.) X X X X Construction and Mineral Extraction Uses Recreational mining activities X X C C Sand, gravel, and mineral extraction activities and related structures (nonrecreational) X X X C Essential Services Communication facilities/wireless communications, co-location or location on existing structure or increase in existing tower by lesser of 10 percent or 25 C C C C feet Communications facilities/wireless communications, new antenna/tower or increase in existing tower by more than 10 percent or 25 feet C C C C Utility and service buildings and equipment (e.g., generating facilities, substations, pumps and lift stations, gauges, etc.) P C C C Wind turbines, community utility C X C C Notes to Table : (1) For requirements related to livestock grazing, see KIBC (B) and

67 Table Dimensional Requirements Remote and Resource Districts Min. lot area Min. lot width (ft.) Max. Lot coverage Max. building height (ft.) Setbacks (ft.) Zoning District Min. Min From Min. front side rear waterfront yard yard Yard W - Watershed none none none 35 none none none none WH - Wildlife Habitat 5 acres 250 none (1) NU - Natural Use (3) none none none 35 none none none none PL Public Lands 7, none % (4) 25% (4) Notes to Table : (1) Lots fronting on marine waters are exempt from any front yard setback. (2) Setbacks from Anadromous Fish Water Bodies. There is a required setback (preventing clearing, filling, excavation, or structural development) of 50 feet from the bank vegetation of anadromous fish water bodies that are specified pursuant to AS (a) and 5 AAC , except in the case of timber harvesting activities, whose required setback will be regulated by AS through , as amended, and the regulations enacted thereunder. This provision shall not prevent removal in the setback area associated with a habitable residential, or recreational structure of: a. Up to 50 percent of the trees; and b. Other vegetation if a suitable ground cover (such as grass) is planted. (3) In the NU District, specific lot area, lot width, lot coverage, and setback requirements may be determined by the planning and zoning commission as part of conditional use approval. (4) Side Yard. The minimum yard required on each side of a principal building is 10 percent of the lot s width but need not exceed 25 feet. The minimum required side yard on the street side of a corner lot is 25 feet. Rear Yard. The minimum rear yard required is 25 percent of the lot s depth but need not exceed 25 feet (2) 67

68 Chapter RESOURCE PROTECTION OVERLAY ZONING DISTRICT - Reserved Chapter PLANNED UNIT DEVELOPMENTS Sections: Purpose and Intent Qualifying Conditions Preapplication Conference Application and Review Process Density Bonus and Open Space Preliminary PUD Development Plan Final PUD Plan Suspension or Revocation Appeals Purpose and Intent A. This chapter establishes the authority and the submittal, review, and approval standards for applications for Planned Unit Development (PUD). This chapter authorizes the creation of a PUD plan as a conditional use permit in those zoning districts where PUDs are listed as a permitted conditional use in the schedule of uses for each zoning district (See Tables through ). B. The provisions of the chapter are not intended as a way to avoid or bypass the requirements of this title and the planning upon which it is based. However, the PUD option is designed to permit a degree of flexibility not available through conventional zoning for certain sites. The intended result of a PUD is to realize substantially superior development for the community and the ultimate users of the development that could not be achieved otherwise. C. PUDs are appropriate for situations where departing from conventional lot size or other dimensional requirements of the zoning ordinance district would: 1. Permit retention or protection of natural features and open space, where this would be difficult or impossible using conventional zoning. 2. Facilitate infill development on small or irregularly shaped parcels where application of standard zoning requirements would result in numerous applications for variances. 3. Permit development on sites where strict application of conventional residential or commercial zoning requirements cannot be effectively applied or would result in a lesser quality development than is likely under a PUD. D. PUD Intent. 1. Encourage innovation and allow for flexibility in land use planning. 2. Encourage the use of land in accordance with its character and adaptability. 3. Conserve natural resources, natural features, and energy. 4. Provide enhanced housing, employment, shopping, recreational, and open space opportunities for the people of the Kodiak Island Borough. 5. Bring about a greater compatibility of design and use between neighboring properties. 6. Promote the purposes, goals, and objectives of the Kodiak Island Borough comprehensive plan. 7. Allow for increased density in residential projects in exchange for permanently dedicated open space or recreational amenities. 8. Allow for increased intensity (square footage or lot coverage) in exchange for permanently dedicated open space or recreational amenities. 68

69 Qualifying Conditions A. Uses allowed. The range of uses potentially allowed in a PUD is limited to the permitted or conditionally permitted uses in the underlying zoning district. All applicable requirements of this title and the underlying zoning district shall apply to a PUD, unless otherwise modified by the commission as part of the PUD approval. B. Scope. A PUD approval may permit greater flexibility in subdivision design, smaller lot sizes than required in the underlying zoning category, or a mix of dwelling unit types. A PUD may also include a mix of non-residential uses when the underlying zoning district permits those uses. C. A PUD shall comply with all of the following minimum qualifying conditions: 1. The lands comprising a PUD must be under unified ownership or control, so that the person or legal entity that is applying for PUD approval will have proprietary responsibility to complete the development, if approved. If multiple persons or legal entities have ownership interests in the land, all such persons or entities shall sign the PUD application or, if the application is signed by a prospective buyer with an option to buy, written consent by all owners of the land must be submitted with the application. 2. A PUD approval with be recorded to run with the land in perpetuity, unless the PUD is subsequently modified in the same manner as the original PUD approval. 3. Water supply and sanitary sewage disposal for a PUD shall meet state and borough standards, and be approved by the agencies having jurisdiction prior to final PUD approval. On-site septic systems and wells may be permitted where public water and sewer service is not available or cannot be extended to serve the site Pre-application Conference A. Before submitting a PUD application, the applicant shall meet with the community development department and any staff or consultants the department deems appropriate. The purpose of a preapplication conference is to determine if the project is eligible for consideration as a PUD and to discuss the process and potential issues with the applicant. Multiple pre-application conferences may be held if the potential applicant and department agree. B. The applicant shall informally describe the project at the conference based on a sketch plan of the proposed PUD, as well as the following preliminary information: 1. Reason(s) for seeking PUD approval. 2. Characteristics of the size such as zoning, lot size and shape, unusual site features that may limit traditional development, topography, etc. 3. Presence of wetlands or other natural features. 4. Number of type of residential units proposed. 5. Number, square footage, and type of nonresidential uses proposed. 6. Area to be occupied by each type of use. 7. Proposed site development details such as buffers, landscaping, pedestrian access, drainage, site lighting, signs, etc. 8. Known deviations from standard zoning requirements and reasons for requested changes. 9. Areas to be preserved as open or recreational space. 10. All known natural resources and natural features to be preserved and those to be removed. 11. Information on traffic, including trip generation, access points, and parking Application and Review Process A. All applications for PUD approval shall be reviewed pursuant to the procedures and standards in this chapter and the review procedures for conditional use permits as set forth in Chapter KIBC. B. All proposals for PUD development shall ensure that: 69

70 The proposed development shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture. 2. The proposed development shall be compatible with the character of existing land uses in the surrounding area. Land use conflicts between incompatible uses within and adjacent to the PUD shall be avoided. 3. Energy-efficient siting, design, and construction techniques are incorporated. 4. Adequate and appropriate access to amenities such as water, open space and natural areas, community recreational facilities, and trails are included in the design. C. The commission may allow exceptions to the underlying dimensional standards (e.g., setback requirements) where the PUD meets the other standards of this chapter Density Bonus and Open Space A. Maximum Density. Unless otherwise established pursuant to a final PUD plan, the maximum aggregate residential density shall be no greater than that permitted in the underlying zoning district. B. Clustered Development. A PUD may authorize changes or a reduction in required lot sizes and dimensions. An approved PUD allows lots to be smaller than would be allowed in the underlying zoning, while still holding to the maximum number of lots that would be permitted without the PUD. If the PUD is located in more than one zoning district, density shall be calculated on a proportionate acreage basis. This policy allows more flexibility in site design and the reservation of open space. Fractions of lots shall not be counted in determining maximum density. 1. Open space plan. To gain the option for smaller lots than would otherwise be permitted by the underlying zoning, open space identified in a PUD must be planned to support and sustain public environmental and recreational values. Areas designated for open space must be planned as an integrated whole, rather than merely being isolated, leftover, unbuildable parcels. 2. Reservation of open space. Land identified for open space shall be available for use by PUD residents or the public. To ensure that open space land will remain dedicated to open space uses, areas identified as open space in the PUD shall be reserved permanently for that use, through dedication of an open space easement. Alternatively, open space land may be held by a homeowners association or land trust, with the requirement that the land be reserved permanently as open space available for use by the residents of the project or the public. Dedication of open space to the public is permitted but not required for clustered development developed under this provision. C. Optional Density Bonus. As an incentive to promote the use of PUD development, an optional density bonus may be requested. When employed, this option can allow an increase in residential density and reduce minimum requirements beyond the basic PUD requirements as specified in KIBC (A) and (B), above. 1. The density bonus may be awarded in exchange for substantial benefits to the community and to promote the borough s goals and policies, as expressed in the borough comprehensive plan. This density bonus shall only be available to PUDs meeting the requirements of this section, and no development shall receive an aggregate density bonus greater than 30% of the normal residential density permitted in the underlying zoning district. 2. To qualify for a density bonus, reserved open space shall be reserved permanently as open space available for use by the residents of the project and the public. Such open space in the PUD shall be reserved permanently for that use through dedication of an open space easement. Alternatively, open space land may be held by a land trust, with the requirement that the land be reserved permanently as open space available for use by the residents of the project and the public. 3. Requirements. Dedicated open space in conjunction with a density bonus must meet one or both of the following two conditions: a. Provision of Open Space. The property must be shown to contain significant or unique site or natural features, or large open space areas that would otherwise be developed, but that will 70

71 be preserved by exercising the density bonus option. Table , below, identifies the maximum density bonus that will be allowed as a function of the percentage of property reserved for open space. b. Open space established through the PUD shall be managed primarily to maintain natural features and natural functions, such as stream corridors, riparian vegetation or wildlife corridors, but may include: i. Passive recreation opportunities for PUD residents and the general public including trails, boardwalks, interpretive markers and similar amenities. ii. Limited active recreation areas including but not limited to trailheads and associated parking, neighborhood parks, and tot lots. iii. The density bonus for open space improvement shall not exceed those standards outlined in Table , below. Kodiak Island Borough Percentage of Property Reserved for Open Space Table Density Bonus: Open Space Improvements or Preservation Additional Density Permitted 30% up to 10% 35% up to 15% 40% up to 20% 45% up to 25% 50% or more up to 30% D. Open Space Requirements. A PUD shall identify all areas that are to be reserved as permanent open or recreational space for the development. Any open space or recreational space to be dedicated to the public shall also be designated. The commission shall find that any such designated area has the proper dimensions and configuration and is large enough and accessible so as to be consistent with the intent of the PUD. 1. Open Space Maintenance a. All open or recreational space shall be jointly owned by an association of PUD property owners or shall be deeded to a land conservation agency or governmental entity, with perpetual responsibility for its ownership and maintenance. b. Deed restrictions, conservation easements, or other legal instruments shall guarantee all dedicated open space remains undeveloped in perpetuity and shall be submitted to the borough attorney for review prior to final PUD approval. c. All open space shall be reasonably accessible to the owners, tenants, and residents of the PUD and to the general public if so dedicated for public use. E. Innovative Design Additional Density Bonus. PUD development plans that incorporate innovative design features with significant public benefits, such as traditional neighborhood development, traffic calming measures, innovative stormwater management (such as rain gardens, pervious paving, vegetative swales, or green roofs), and other similar features throughout the development at a level that exceeds standard practices in the community are encouraged. Incorporating such design features into the PUD plan can contribute up to 10% increase in density in addition to the bonus allowed for open space. The commission shall find that any such innovative design feature(s) constitute a superior design and provide a significant public benefit so as to be consistent with the intent of this section and qualify for the additional density bonus. 71

72 Preliminary PUD Plan A. Following the pre-application conference, the applicant shall submit a completed application form for preliminary PUD approval, an application fee, and copies of the application and site development plan. The number of required copies shall be determined by the department. The PUD submittal shall include: 1. Preliminary PUD Development Plan. A preliminary PUD development plan shall be submitted and if the PUD is to be developed in phases, all phases shall be shown. 2. Submittals shall include narrative and mapped information, to be drawn at a conventional scale appropriate to the size and scale of the property, as approved by the department. The plan shall contain the following information: a. Objectives of the proposed PUD and how they relate to the intent of Planned Unit Development, as described in KIBC b. Relationship of the proposed PUD to the borough comprehensive plan. c. The area to be occupied by each type of use. d. Residential density based on the number of dwelling units per gross site area and more specific residential density based on the number of units by type per gross site area associated with that particular unit type. e. Number, square footage, and type of nonresidential uses. f. Area(s) to be reserved as common open or recreational space. g. Infrastructure, including roads, trails, recreational facilities; plans for drainage, water, and wastewater. h. Implementation phases of the PUD and the approximate timing for each phase. i. Known deviations from the regulations of this title that are being sought and the reasons to support the requested changes. j. Maps showing the following: i. Existing buildings and structures on the site. ii. Buildings, structures, and uses on adjacent properties that are close enough to the PUD site that they may have an effect on or be affected by the proposed development. iii. Proposed uses, buildings, and their locations including setback dimensions and separation distances. iv. Open space areas, identifying areas to be retained in a natural state, and any improvements such as trail heads and related trailhead parking, play areas, or active recreational areas. v. Grading and drainage plans, including retention and infiltration areas. vi. Rights-of-way and pavement edges or curb lines of existing streets abutting the PUD. vii. Anticipated phasing of the PUD. B. The department or the commission may require additional information reasonably necessary to determine if the application complies with the review standards and other requirements applicable to a PUD, or to determine the impacts of the proposed development on its surroundings. Such information may include soils reports, hydrological tests, traffic studies, assessment of environmental impacts, or a market analysis. At any time during the PUD review process, the borough may hire experts as may be needed to provide independent studies regarding any issues related to PUD approval standards or to review plans, documents, or reports submitted by the applicant. Fees and expenses related to such review shall be paid by the applicant. 72

73 C. Public Hearing. Upon determining that the application and all required information are complete, the department shall schedule a public hearing before the commission. The public notice and advertising requirements for a PUD shall be the same as those for a conditional use permit (see KIBC ). D. Following the public hearing, the commission shall consider the PUD request and preliminary PUD plan and determine if the project is consistent with the borough comprehensive plan, the purpose and intent of the underlying zoning district, and the standards for review for a PUD in accordance with this chapter. The commission shall approve, deny, or grant preliminary approval with conditions for the PUD. E. Time limits. 1. A preliminary PUD shall be valid for two years. A PUD shall receive final PUD approval within that period. 2. If final PUD approval is obtained pursuant to subsection 1, above, the commission may, at its discretion, grant a single extension for up to one year. Prior to the two year expiration, the applicant must submit reasonable evidence in writing describing any unforeseen difficulties or special circumstances that have caused the delay. 3. If no progress has been made toward final PUD approval within two years, or any authorized extension, the PUD shall lapse and the PUD shall be declared null and void. F. Amendments to an Approved Preliminary PUD. Any proposed amendment to an approved preliminary PUD plan, prior to final PUD approval, shall be processed in the same manner as a new preliminary PUD application Final PUD Plan A. Timing. A final PUD plan and supporting materials conforming to this chapter and the preliminary PUD approval shall be filed not less than thirty days or not more than two years following preliminary PUD approval. If a final PUD is not submitted within that period, the preliminary approval shall lapse and any new submittal shall be reviewed as a new PUD application in accordance with this chapter. B. Phased Projects. If the PUD is approved in phases, a final PUD plan is required for each phase. C. Information Required. A final PUD plan and application shall contain the following information: 1. A completed application form and payment of a fee, along with required escrow deposits. 2. A final PUD plan meeting all requirements for site plan review in Table , with the number of copies to be determined by the department. The final PUD plan shall conform to the approved preliminary development plan. 3. A list of all deviations from the requirements of this title that apply to the PUD. 4. A phasing schedule of the development and its construction. 5. Improvements that are part of the development, including without limitation, lighting, signs, landscaping, buffers, utilities, etc. shall be indicated on the plan and technical specifications shall be provided as required by the planning and zoning commission. 6. A description of exterior building materials for all proposed structures. 7. Signatures of all parties having an interest in the property with a statement of the nature of their interest and a commitment to complete the development in accordance with the approval, if granted. D. Review of Final PUD. The department shall review the final PUD plan to determine if it is substantially consistent with the approved preliminary PUD. If the final PUD is determined not to be substantially consistent with the preliminary PUD, then it shall be denied. If denied for that reason, the applicant may request the department to treat the rejected final PUD as a revised preliminary PUD. It shall then be reviewed as a new application in accordance with KIBC

74 E. Decision. If the final PUD plan is found to be substantially consistent with the approved PUD preliminary development plan and to comply with all conditions required by the commission, the department shall review the final PUD plan in accordance with the standards of KIBC F. Time limits. 1. A final PUD shall be valid for two years. A PUD shall receive requisite building permits and a substantial portion of the proposed improvements must commence and proceed meaningfully toward completion within that period. 2. If construction has not commenced pursuant to subsection 1, above, the commission may, at its discretion, grant a single extension for up to one year. Prior to the two year expiration, the applicant must submit reasonable evidence in writing describing any unforeseen difficulties or special circumstances that have caused the delay. 3. If the PUD has not commenced and proceeded meaningfully toward completion within two years, or any authorized extension, any land use or building permits issued for the PUD shall lapse and the PUD shall be declared null and void. G. Amendments to an Approved Final PUD. Amendments to an approved final PUD plan shall be reviewed according to the authority and criteria for amendments to conditional use permits, as set forth in KIBC A minor amendment may be approved by the community development department, but an amendment determined not to be minor shall be reviewed in the same manner as the original approval Suspension or Revocation The commission has the authority to suspend or revoke any PUD conditional use approval if the owner or operator fails to comply with any of the applicable requirements in this chapter or title, or the conditions of the PUD conditional use approval. The procedures for suspension or revocation of a PUD shall be the same as the procedures for revocation of conditional use permits, as set forth in KIBC Appeals The procedures for an appeal of a commission decision on a preliminary PUD approval or an administrative decision on a final PUD application shall be the same as the procedures for appeals of conditional use permits, as set forth in KIBC

75 Title 17 ZONING Part 4 Use Requirements & Site Development Chapter General Provisions Chapter Site Development Requirements Chapter Accessory Uses and Structures Chapter Residential Uses Chapter Lodging, Entertainment, and Food Service Uses Chapter Civic and Institutional Uses Chapter Intensive Uses Chapter Parking and Loading Chapter Signs 75

76 Chapter GENERAL PROVISIONS Sections: Uses Not Listed Prohibited Determination of Similar Uses Access Clear Vision at Intersections Height Limits; Exceptions; Airport Height Limitations Required Yard Setbacks and Permitted Encroachments Temporary Buildings, Structures, and Uses Flag Lots Fences and Walls Voting Place Recording Land Use Decisions Noise Standards Uses Not Listed Prohibited Uses Not Listed are Prohibited. Unless a use is listed in a zoning district as a permitted use by right or conditional use, it is prohibited Determination of Similar Uses A. Interpretation of Similar Uses Similar Use Determinations. Notwithstanding KIBC , the planning and zoning commission may determine that a specific proposed use that is not listed as a permitted or conditionally permitted use in a zoning district may be allowed as a permitted use or a conditional use. B. Similar Use Determinations- Process. 1. A similar use determination may be issued if all of the following findings can be made: a. The characteristics and activities associated with the proposed use are similar to those of one or more of the allowed uses listed in the zoning district and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than the uses listed in the zoning district; b. The proposed use will meet the purpose and intent of the zoning district that applies to the location of the use; c. The proposed use is consistent with the goals, objectives, and policies of the Kodiak Borough Comprehensive Plan, or any applicable specific plan; d. The proposed use is not listed a permitted or conditional use in another zoning district; and 2. If a similar use determination is approved, the commission shall establish whether the use shall be a permitted or conditionally permitted use. 3. Upon approval of a similar use determination, the department shall prepare a text amendment to this ordinance to include the use in the appropriate district, along with any appropriate use regulations Access All lots and parcels shall have frontage upon and be accessed from a public right of way, easement, street, or road. All parcels or lots created after the effective date of this title shall provide the required frontage by meeting the minimum lot width requirement for the zoning district within which the parcel or lot is located along the public or private street or road, except when a flag lot is permitted pursuant to KIBC Clear Vision at Intersections A. Corner Lot Clear Vision (Visibility Triangle). To avoid interfering with views of traffic, no fence, wall, sign, or landscaping taller than 18 inches, measured from the crown of the adjacent street, shall be 76

77 B. C. erected or maintained on a corner lot within 30 feet of a street side property line (see Figure ). Visibility Triangle at driveways and drive aisles. To avoid interfering with views of traffic, no fence, wall, sign, or landscaping taller than 18 inches, measured from the crown of the adjacent street, shall be erected or maintained on a corner lot within 15 feet of a street side property line (see Figure ). Exceptions. Notwithstanding the above, the following may be located within a clear vision area: 1. A sign meeting the requirements of Chapter KIBC, with a support post no wider than twelve inches, the bottom of which shall not be less than six feet above ground level, provided that all setback and other applicable requirements are met. 2. Trees where all branches are at least eight feet above ground level, as measured from the centerline of the adjoining roadway. 3. Fences that do not obscure clear sight distance Height Limits; Exceptions; Airport Height Limitations A. Figure : Clear Vision at Intersections Except as noted in subsections (B) or (E) of this section, a building that is erected, converted, enlarged, or structurally altered shall not exceed the height limits of the district in which it is located. B. A penthouse roof structure that houses an elevator, stairway, tank, ventilating fan, or similar equipment required to operate or maintain a building or a fire or parapet wall, skylight, tower, steeple, stage loft, flagpole, chimney, individual domestic radio and television aerial mast, water tank, or a similar structure shall not exceed the height limits of a zoning district by more than twenty percent or ten feet, whichever is less. C. If located on a roof, any structure identified in subsection (B), above, shall not cover more than ten percent of the roof area of the building. D. Any structure described in subsection (B), above, shall not be used for a residential, commercial, or industrial purpose other than as an incidental use to the principal use of the building. E. Communication facilities and wireless communications towers, where permitted, shall be governed by the regulations set forth in KIBC Such facilities may exceed the maximum height requirements of the underlying zoning district provided the increased height shall be limited to the minimum height necessary for radio frequency propagation. 77

78 F. Solar energy collection systems and single accessory wind energy conversion systems, when mounted on a structure, shall conform to the requirements of KIBC and G. Airport Height Limitations 1. All structures on lands contiguous to or adjoining a utility airport, Lilly Lake, and the Kodiak Municipal Airport shall not exceed 35 feet, even when the zoning district may permit a taller structure. Height of buildings and structures shall be measured from grade (ground level). 2. For all lands contiguous to or adjoining a utility airport, Trident Basin, Lilly Lake, and the Kodiak Municipal Airport, a structure or equipment shall not project into a runway clear zone or approach surface. 3. Notwithstanding the above, all structures within an airport approach shall not exceed the heights permitted by the airport approach plan approved by the Federal Aviation Administration Required Setbacks and Permitted Encroachments A. B. C. Required Setbacks. Except as provided in this ordinance, all lots shall have a front yard, a rear yard, and side yards. A building shall not be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area and setback regulations of the district in which it is located. Permitted Encroachments. Certain structures and architectural features may project into required setbacks as outlined in Table Kodiak Island Borough Table Permitted Encroachments into Required Setbacks Projection Allowed Encroachment into a Setback Front Yard Side Yard Rear Yard Residential accessory structures See Chapters & KIBC Architectural features (cornices) 4 ft. 3 ft. 3 ft. Arbors and trellises Permitted up to 3 ft. from all lot lines Enclosed entry porch 5 ft.; no larger than 50 sq. ft. 3 ft. 10 ft. Awnings and canopies 10 ft. 3 ft. 10 ft. Balconies 10 ft. None 10 ft. Bay windows 3 ft. 3 ft. 3 ft. Chimneys 3 ft. 3 ft. 3 ft. Decks, unenclosed (see KIBC ) 10 ft. 3 ft. 10 ft. Eaves and gutters 4 ft. 3 ft. 3 ft. Fences and walls (see KIBC ) Permitted as provided for in the district Flagpoles Permitted up to 3 ft. from all lot lines Light standard, ornamental Permitted 3 ft. from all lot lines Hoop Houses Up to 2 from property line (See KIBC (F)(2) HVAC, generators, oil tanks, and other 3 ft. 5 ft. None mechanical equipment Must be no more than 5 ft. from the building Paved patios and similar at-grade structures (see Up to 3 ft. from a side Up to 3 ft. from a rear 10 ft. KIBC ) lot line lot line Porches and stoops (see KIBC ) 10 ft. 3 ft. 10 ft. ADA accessible ramps, wheelchair lifts, and similar structures Least encroachment necessary to meet state or federal requirements, but no more than 8 ft. Satellite dish antennas Permitted if 72 inches or less in diameter Signs See Chapter KIBC Stairways and below-grade stairwells 10 ft. 3 ft. 10 ft. Swing sets and similar play structures At least 10 feet from a Up to 3 ft. from a side Up to 3 ft. from a rear ROW lot line lot line Television or radio antennas None 10 ft. 10 ft. Zoning district Zoning district 40 feet requirement requirement Fuel pumps In waterfront yards, a pump serving marine vehicles may be located one foot from the waterfront lot line 78

79 Temporary Buildings, Structures, and Uses As regulated below, the following temporary uses are permitted: A. Recreational Vehicles, Trailers, or Mobile Homes. An individual recreational vehicle, trailer, or mobile home may be used for up to 180 days as a temporary living or working quarters while a dwelling or structure is being constructed on the same premises. A valid building permit is required prior to issuance of the temporary use permit. Prior to any such use, a temporary permit shall be issued by the department and shall clearly state that the permit is valid for a period of not more than 180 days. A permit holder may request one extension for an additional 180 days. B. Use of Existing Dwelling During Construction of a New Dwelling. The department may permit an existing permanent dwelling to be used for dwelling purposes while a new permanent dwelling is being constructed on the same lot, subject to the following: 1. A land use permit and a building permit shall have been obtained for the new permanent dwelling. 2. Only one of the dwellings shall be used for dwelling purposes at any time. Upon completion and issuance of a certificate of occupancy or final inspection for the new dwelling, the pre-existing dwelling shall be vacated completely and either demolished or converted to an approved accessory structure within 6 months. 3. During the construction process, the new dwelling shall conform in all respects with the requirements of this title, including setbacks. The pre-existing dwelling shall continue to be considered to be in conformance until it is removed. 4. A performance guarantee, in an amount equal to 130 percent of the cost of demolition of the preexisting dwelling, as certified by a qualified demolition contractor, shall be submitted prior to beginning construction of the new home. The performance guarantee shall be released upon complete demolition of the pre-existing dwelling, removal of all debris from the premises, restoration of the grade to a level condition, and installation of groundcover vegetation. 5. The land use permit shall expire after one year. An extension may be granted by the community development department, upon presentation of evidence that diligent progress toward the completion of the permanent structure is being made. 6. If the original dwelling is not demolished after issuance of the certificate of occupancy for the new dwelling, the borough may use the performance guarantee to demolish the original dwelling. C. Temporary or Seasonal Activities. The community development department may authorize a temporary permit for a seasonal or temporary activity as specified below: 1. Activities. a. A dwelling used as a sales management office for the sale of dwellings within the project, for a period not to exceed one year. A temporary identification sign no larger than 40 square feet may also be authorized in the rear half of the required front yard setback for a period not to exceed one year. b. Portable construction and sales office trailers for a development project. A permit issued for this purpose shall expire 5 business days after the development project has been completed, at which time the trailer(s) must be removed from the site. c. The storage of building supplies and machinery, temporary storage buildings and trailers, and the staging of materials in connection with a construction project on the same property may be authorized for up to one year. d. Temporary outdoor sales for a maximum time period of twenty-one days in any calendar year. e. Temporary outdoor recreational or related activities, such as auctions, carnivals, festivals, and similar for a maximum of fourteen days in any calendar year. 79

80 f. Seasonal outdoor sales of agricultural produce that are produced or grown on the same property are not limited to any time period if the sales are conducted by the property owner. 2. Application. The department may require a site plan for the proposed activity if deemed necessary to adequately review the application and ensure that it will be conducted in a manner consistent with the requirements of this section. 3. Standards. A proposed seasonal or temporary activity shall meet the following general requirements: a. The site is suitable based on criteria such as size, topography, drainage, and flood hazard; b. Adequate public services and facilities are available, such as sanitary and emergency services; c. The proposed activity complies with all local codes; d. Access and off-street parking are adequate; and e. The general health, safety, or welfare of community or adjacent uses shall not be adversely impacted. 4. Conditions. Reasonable conditions associated with the approval of a seasonal or temporary activity may be required for such things as property or liability insurance, location, size, height, screening, parking, traffic access, hours of operation, noise, odor, sanitation, refuse disposal, lighting and electrical systems, signs, final site clean-up, or other physical or operational aspects of the proposed activity. 5. Guarantees. To assure compliance with the requirements of this chapter, or any conditions of approval, a performance guarantee pursuant to KIBC may be required before a permit can be released. 6. Extensions. The community development department may grant an extension for a temporary use except for temporary outdoor sales, temporary outdoor recreational or related activities, or seasonal outdoor sales of agricultural produce. The extension shall be for the minimum time necessary to complete the activity and shall be granted only if the department finds that the delay is due to circumstances beyond the control of the developer or owner. 7. Revocation. The community development department may revoke a temporary permit for a seasonal or temporary activity if the applicant fails to comply with any or all of the requirements of this section or any conditions of approval. 8. Appeals. Any party of record may file an appeal of any action of the community development department in granting, denying, or revoking a permit for a seasonal or temporary activity. The appeal must be filed with the planning and zoning commission in accordance with Chapter KIBC Flag Lots A. To determine the required front yard setback for a flag lot, the front lot line shall be the line which forms the bottom of the flag portion of the lot where it is adjacent to the lot or lots separating the flag from the nearest right-of-way. B. The required lot width shall be met at the front lot line, as described in KIBC , above, and may include the width of the flag stem. See Figure C. The flag portion of the lot shall contain 100 percent of the required minimum lot area or greater Fences and Walls Fences and walls are permitted in any zoning district, subject to the following: A. Generally. 80

81 A land use permit is not required for a fence; however, all fences require a zoning compliance permit in accordance with the requirements of this section. 2. A retaining wall or other structure affecting on-site or off-site drainage requires a zoning compliance permit prior to construction. 3. On a corner lot, the clear vision requirements of KIBC shall apply. 4. To ensure clear vision for vehicles entering a roadway the community development department may require a front yard fence, with an opening for a driveway, to be set back from the driveway or limited in height. 5. Security Fencing; Height and Electrification. Sharpened and electrified fences are permitted only as listed below. Essential service utilities may, if authorized through the zoning compliance permit process, utilize a sharpened or electrified fence to prevent trespass and ensure public safety. This restriction shall not apply to electrified pet containment systems that are buried underground. 6. All permitted low-voltage electrified fences are subject to the following: a. Voltage shall not exceed 10,000 volts in pulses. Fences and charging systems must meet UL and federal safety standards. b. The electrified fence shall display warning signs mounted on the fence every 40 feet or less. c. Residential Districts. A fence with a maximum height of six feet is permitted in any yard. Sharpened or electrified fences are prohibited. Low-voltage electrified fences are permitted in the RR1, RR2, PR, CR2, CR5, and C districts only when used for keeping livestock for personal use. d. Commercial Districts. A fence with a maximum height of eight feet is permitted in any yard. Sharpened fence materials are permitted, except when adjacent to a residential use or zoning district, provided the sharpened materials are at least eight feet above grade. e. Fences for utility facilities. When authorized, electrified fences shall have warning signs that are at least one square foot in area placed every 40 feet along the fence. f. Industrial Districts. A fence shall not exceed 12 feet in height. A sharpened or electrified fence for outdoor storage areas or in other instances may be authorized through the zoning compliance permit process where the applicant demonstrates a need for greater security against trespass, provided the sharpened materials are at least eight feet above grade. g. Settlement and Village Districts. A fence up to six feet high is permitted for any use that is permitted by right. For conditional and special land uses, fence height shall be determined according to the needs of the approved use as part of the review and approval process, but in no case shall any fence exceed 12 feet high. Sharpened and electrified fences are permitted only on properties containing approved conditional or special uses, subject to approval of the fence through the zoning compliance process. h. Remote and Resource Districts. There shall be no limitation on fence height, provided that fences are erected only to that height necessary to achieve the enclosure, privacy, or security purposes of the fence. Sharpened and electrified fences are permitted for agricultural or security purposes. If used, electrified fencing must have warning signs that are at least one square foot in area placed every 40 feet along the fence. A fence or wall may encroach up to 6 into a private right-of-way, provided the owner has granted written permission Voting Place The provisions of this title shall not be used to interfere with the temporary use of any property as a voting place in connection with a federal, state, borough, city, or other public election Recording Land Use Approvals Land use approvals that run with the land and are binding upon future owners, such as off-site parking plans, conditional use approvals, planned unit developments, and variances shall be filed against the title 81

82 of the property and recorded through the State Recorder s Office. The applicant is responsible for payment of the recording fee Noise Standards A. General Requirements. Noise emanating from premises used for commercial or industrial purposes shall be muffled so as to not become objectionable due to rhythm, intensity, pitch, or timbre and where a use(s) adjoin a residential zoning district, the volume measured at the property line shall not exceed 60dB(A) between the hours of 11:30 p.m. and 6:00 a.m., and 70 db(a) at other hours. B. Exterior sound level limits are based on the Leq during the measurement interval, using a minimum measurement interval of 1 minute for a constant sound source, or a one-hour measurement for a noncontinuous sound source. C. Exterior Sound Level Limits. District of Sound Source District of Receiving Property Residential (db(a)) (Leq) Commercial (db(a)) (Leq) Industrial (db(a)) (Leq) Residential Commercial Industrial D. During a measurement interval, Lmax may exceed the exterior sound level limits shown in subsection (C) of this section by no more than 15 db(a). 82

83 Chapter SITE DEVELOPMENT REQUIREMENTS Sections: Applicability Landscaping, Screening, and Buffering Lighting Applicability A. The requirements of this chapter shall apply to the following: 1. Whenever screening is required elsewhere within this title, a landscaped screen shall be provided according to KIBC , below. 2. Whenever a lot in a commercial or industrial district is developed adjacent to property in a residential district, a landscaped buffer shall be provided according to KIBC , below. All required landscaping must be provided on the property zoned commercial or industrial. 3. Any multi-family or non-residential development in the village zoning district that includes exterior lighting. B. Landscaping and lighting requirements for the Village zoning district are listed in KIBC Landscaping, Screening, and Buffering A. Applicability. A landscape plan shall be provided and landscaping, screening, or buffering shall be installed and maintained according to the approved landscape plan. B. Landscaping General Requirements. 1. Landscaping shall not obscure traffic signs or compromise safe access to a site, conflict with fire hydrants and lighting, or negatively affect drainage patterns either on the site or adjacent properties. 2. Landscaping shall conform to the clear vision requirements of KIBC Native plant species are preferred and shall be healthy, neat, hardy in the Kodiak climate, well maintained and free from refuse and debris. Dead or diseased plants shall be removed and replaced within six (6) months. 4. Existing vegetation that is to be preserved shall be protected from construction traffic by fences and building materials shall not be stored within critical root zones. 5. Landscaping and screening materials shall be maintained for the life of the use. C. Waiver. Landscaping requirements may be waived if existing vegetation that is retained meets or exceeds the requirements of this section. D. Landscaping Plans. When landscaping is required by this section, a landscape plan shall be submitted and indicate the following: 1. Natural features, site drainage, existing woodlots, existing trees over 12 inches in diameter (unless contained within a woodlot, the boundaries of which are indicated on the plan), and areas where vegetation is to be preserved. 2. Location, spacing, size, and descriptions for each proposed plant type. 3. Turf areas or ground cover. 4. A cross-section for a berm or major swale including slope, height, and width. 5. Walls, retaining walls or fences, if provided, and their height and type of construction. 6. Construction details for any tree wells to preserve existing trees or culverts to maintain natural drainage patterns. 7. The department may require a separate drawing for a landscape plan if necessary to determine landscaping details or to meet the requirements of this section. 83

84 E. F. G. 8. Landscaping shall not conflict with underground utilities, if present. Performance Guarantee. 1. The community development department, the planning and zoning commission, or the borough assembly, as applicable, may require a performance guarantee in accordance with the requirements of KIBC , of a sufficient amount to ensure the installation of all required landscaping. 2. The department may issue a land use permit and authorize the building inspector to approve a temporary occupancy permit when the installation of landscaping has been delayed because of weather or seasons. However, the owner shall first provide a performance guarantee equal to the cost of purchasing and installing the remaining landscaping. Landscaping shall then be completed as soon as practicable. The department shall release the performance guarantee when it has determined that landscaping has been installed according to the approved plan. If the owner fails to install landscaping, the department may execute the performance guarantee, complete the required landscaping and take other enforcement actions allowed under this title and Alaska law. Use of Fences or Walls. 1. A fence or wall used to meet the requirements of this section shall be constructed of masonry, treated wood, or other material. 2. The fence or wall shall be at least 75 percent opaque. 3. Fences and walls are subject to the location and height requirements of KIBC All other applicable standards of this section shall be met. Screening Requirements. 1. Intent. The screening requirements of this section are intended to screen or obscure from view uses or structures that produce or contain trash, junk, or potentially blighting materials or processes. These requirements are not intended to provide for a completely opaque screen, but instead provide for intervening elements such as fences, walls, landscaping, and similar to mitigate the visual effects of uses or structures. 2. Screening is required for the following: a. Around a designated outdoor storage area in the Commercial and Industrial zoning districts, when visible from the road or abutting property in a Residential zoning district. b. Any other yard or area designated elsewhere within this title. 3. Required screens shall include at least one or a combination of the following: a. A six-foot tall fence or wall; b. A hedge or densely planted trees or shrubs that create an adequate screen; or c. A sufficiently tall landscaped berm. 4. Screening shall be required on the subject property even if the surrounding area or adjacent properties are vacant. 5. When any developed parcel changes to a more intense land use, screening shall be provided in compliance with the requirements of the new use and this section. 6. If existing conditions on the subject parcel are such that a parcel cannot comply with the screening requirements, the character of required screening will be determined on the following criteria: a. Traffic access and circulation. b. Building and parking lot coverage. c. Outdoor sales, display, or manufacturing area. 84

85 d. Physical characteristics of the site and surrounding area such as topography, vegetation, etc. e. Views and noise levels. f. Areas necessary for snow storage. g. Public health, safety, and welfare. H. Landscaped Buffers. Landscaped buffers are required whenever development in a commercial or industrial district adjoins property in a residential zoning district. The required buffer shall be placed on the non-residential property. The location, size, shape, landscaping, and other specifications for the buffer are subject to the requirements of this section. 1. Intent. The intent of the landscaped buffer requirement is to provide for a transition area between residential uses and commercial or industrial uses in order to mitigate the impact of the more intensive use on the residential use. This is achieved through the use of natural materials such as landscaping or structures such as fences and walls. Buildings, parking areas, or uses associated with the commercial or industrial use are not permitted within the buffer area. The buffer is intended to be an opaque or mostly opaque visual barrier and a transition zone between potentially incompatible uses. 2. Buffer Requirements. a. The buffer may consist of a berm, landscaping, wall, fence, or combination of these features. b. The buffer shall provide an effective transition between the non-residential use and the residential use(s). At minimum, the buffer shall contain one tree for every 15 feet of the length of the buffer. Required landscaping may be distributed throughout the buffer or may be grouped, provided that the buffer provides an effective transition. A fence, wall, or additional landscaping may be required to ensure that the screen provides an effective buffer. If a fence or wall is provided, the required number of plants may be reduced by 40 percent. c. Structures and parking shall not be located within a designated buffer. d. The minimum width of the buffer shall be 10 feet. e. All areas within the buffer zone that do not contain trees, shrubs, or planting beds shall be covered with grass or other living ground cover. f. The buffer shall be maintained for the life of the land use requiring the buffer. 3. Storm water detention or retention areas are permitted within a required buffer, provided they do not jeopardize the effectiveness of the screening or plant survival. 4. Any required screening provided pursuant to subsection (G) of this section may be counted toward meeting the buffer requirements. 5. The commission may approve an alternative landscape and buffer plan Lighting A. The requirements of this section shall apply to any multi-family or non-residential use where exterior lighting is proposed or constructed. B. All outdoor lighting shall be shielded to reduce glare and shall not create a nuisance for adjacent residential districts, homes, or the motoring public. There shall be no light trespass into residential zoning districts, except for streetlights. C. All outdoor lighting, except ground-mounted fixtures that illuminate governmental flags, shall be directed toward the ground and shall not impair the safe movement of traffic on any street. D. Height. A pole designed for mounting a light fixture shall not exceed a maximum height of 20 feet for in Residential and Village districts and 30 feet in any other district, as measured from grade to the nearest point of the light source. The light fixture may be mounted so that it extends up to one (1) additional foot higher than the allowed maximum height for the pole. This limitation shall not apply to waterfront industrial uses (see Figure ). 85

86 E. F. G. Requirements. 1. Under-Canopy Lighting. Canopy lighting shall be mounted flush with the underside of the canopy. 2. Fixtures. All light fixtures shall be a full sharp cut-off. Protruding lenses are prohibited. 3. Illumination Levels. Lighting shall not exceed 800 lumens at a residential property line. Site Plans. All plans submitted for development review that include required lighting shall indicate the following: 1. Light fixture locations and types. 2. Fixture and bulb specifications and product data sheets. 3. Any other information required to convey the intent of the lighting plan. Photometric Plans. A photometric plan (lighting grid) prepared by a qualified specialist that graphically illustrates the design for proposed lighting may be required. Figure : Lighting Requirements 86

87 Chapter ACCESSORY USES AND STRUCTURES Sections: General Requirements Applicability Principal Structure on the Same Lot Lot Coverage Requirements Residential Accessory Structures Commercial and Industrial Accessory Structures Home Occupations Home Based Businesses Domesticated Animals and Pets Keeping of Livestock for Personal Use Outdoor Retail Display and Sales Outdoor Storage Accessory to an Allowed Use Solar Energy Collectors Wind Turbines, Residential Scale Accessory Dwelling Units General Requirements A. In addition to a principal use, a site may also contain accessory structures or uses, provided they are clearly accessory and ancillary to the principal use(s). All accessory structures and uses must comply with the requirements of this title. B. If an accessory structure is attached to a principal building, it shall be subject to the area, height, and placement requirements of the principal building. An accessory structure with a roof is considered attached if any portion of its roof touches or is integrated into the principal building. C. An accessory structure shall not be designed or used as a dwelling or a sleeping room unless it is approved as an accessory dwelling unit pursuant to KIBC Applicability A. An accessory structure that has a floor area equal to or greater than 120 square feet or is subject to building permit requirements, regardless of its foundation or base support, including skid-mounted or similar buildings, shall comply with the requirements of this chapter. B. An accessory structure that is less than 120 square feet in floor area shall not require a land use permit, but shall count toward the number of permitted structures and the maximum floor area for all accessory structures on a property and shall comply with the setback and height limitations for the district in which it is located. C. Any accessory structure meant to be permanent or semi-permanent, such as a hoop house, greenhouse, shed, canopy, or carport with a floor area equal to or greater than 120 square feet shall comply with the requirements of this chapter and shall be adequately anchored to meet wind load requirements of KIBC Title 15, Buildings and Construction. D. Children s play structures, such as swing sets, playhouses, sandboxes, etc., are not subject to the requirements of this chapter. E. Structures not manifestly designed as accessory structures, such as mobile homes, semi-trailers, cargo containers, or any portion of such structures shall not be permitted as accessory structures and may be placed on a lot only in accordance with the requirements of this chapter Principal Structure on the Same Lot A. In Residential zoning districts, an accessory structure may only be established when a principal building and use are also located on that same lot. 87

88 B. In Industrial and Commercial districts, an accessory structure may be located on a lot that is under the same ownership as the lot containing the principal structure and is contiguous to or in close proximity from that lot, provided that the lot is in the same zoning district. C. In Settlement and Village zoning districts, an accessory structure may be located on a separate lot that is under the same ownership. D. In Remote and Resource zoning districts, an accessory building of any size related to an approved agricultural use may be located on a lot that does not contain a principal structure Lot Coverage Requirements A. Remote and Resource Districts. The ground area covered by all accessory structures shall not exceed 20 percent of the total lot area or 8,500 square feet, whichever is less Residential Accessory Structures A. Permitted Structures. The following accessory structures are permitted on lots used and zoned for residential uses: 1. Attached or detached garages. 2. Storage sheds or other detached storage buildings. 3. Accessory greenhouses. 4. Hoop houses. 5. Banyas. 6. Smokehouses. 7. Porches, decks, balconies, and ADA access ramps. 8. Hot tubs. 9. Livestock shelters, where permitted, subject to KIBC Accessory dwelling units, where permitted. 11. Similar accessory structures approved by the department. B. Attached Garages. The gross floor area of a garage attached to a principal dwelling, including any mezzanine or floor space above the ground floor, shall not exceed the gross floor area dedicated to principal dwellings. C. Detached Structures. The number of detached structures on a single lot is not limited, provided their aggregate floor area does not exceed the maximum in KIBC above. In addition, in Residential districts, the gross ground floor area of any single accessory structure shall not exceed 100 percent of the gross floor area of all floors in the principal building. D. Height. An accessory structure shall not exceed the maximum allowable height for the zoning district in which it is located.. E. Setbacks and Lot Coverage Requirements. 1. Detached garages, accessory sheds, storage buildings, greenhouses, smokehouses, banyas, and hot tubs shall meet the setback requirements for the zoning district. 2. A banya or smokehouse shall be setback at least 20 feet from the nearest residential structure on an adjacent lot or shall meet the district setback requirement, whichever is greater. 3. Residential, Settlement, and Village Districts. The ground area covered by all accessory structures, except as exempted in this chapter, shall not exceed ten percent of the total lot area or 600 square feet, whichever is greater. F. Specific Requirements. 1. Porches, Decks, Balconies, Stoops, and Accessible Ramps. a. Any porch, deck, balcony, stoop, or handicap accessible ramp shall be attached to the principal structure and open on its sides. Any such structure that is covered by a permanent roof shall be considered integral to the principal structure and shall be subject to all requirements applying to the principal structure. 88

89 b. A porch, deck, balcony, stoop, or ADA ramp may only encroach into required setbacks if allowed pursuant to KIBC Hoop houses. a. The gross floor area of a hoop house that meets the requirements of this subsection shall not be counted towards the maximum lot coverage specified under KIBC (A), above. b. A hoop house may not be permanently anchored or constructed upon a foundation; however, the structure and its covering must be adequately anchored and secured to handle wind loads. c. A hoop house may be no wider than 31 feet or longer than 150 feet. d. A hoop house may be set back a minimum of two feet from all property lines, provided that rainwater or drainage from the hoop house does not impact drainage on the adjoining property. e. A hoop house may not be used for sales of produce or any other item or for the storage, temporary or otherwise, of solvent, gases, or other chemical, flammable, or otherwise hazardous materials. f. The support structure shall be made of non-combustible materials (such as metal or PVC). g. A hoop house must be purchased and installed as a pre-fabricated kit meeting the requirements of the Natural Resources Conservation Service-Alaska s Environmental Quality Incentives Program or successor program. Installation shall conform to the manufacturer s instructions. h. A structure that does not meet the requirements of this subsection for hoop houses shall comply with applicable codes for accessory structures Commercial and Industrial Accessory Structures and Uses A. Accessory structures shall meet the same setbacks as the principal structure(s). An accessory structure shall be separated or setback from a principal structure in accordance with any building and fire code requirements. B. Drive Up or Drive Through Facilities, Excluding Restaurants. 1. Sufficient stacking shall be provided to ensure traffic does not extend onto the public right-of-way. At least four stacking spaces for each ordering station shall be provided and designed so they do not interfere with vehicular circulation and egress by vehicles not using the drive-through. 2. Access and egress from a site and its internal circulation shall not impair or create unsafe conditions for other modes of travel, such as bicycles and pedestrians. 3. Parking and maneuvering areas associated with the drive-through facility shall be screened from any abutting property in a Residential district. 4. Devices that transmit or broadcast voices or music shall be located or muffled to prevent sound or music from being audible beyond the boundaries of the site. 5. A bypass or escape lane shall be provided. C. Lot Coverage Requirements 1. Commercial and Industrial Districts. The ground area covered by all accessory structures, shall not exceed 20 percent of the total lot area Home Occupations Home occupations as an accessory use in a dwelling unit may be permitted, provided that all of the following conditions are met: 89

90 A. Only the residents of the dwelling and one person not residing within the dwelling may be employed in the home occupation. Other employees who work off-site may have access to the home occupation, provided that permanent work space within the dwelling is not provided. Off-site employees may not park vehicles at the site while working elsewhere; however, a property of at least two acres in size may provide for up to two additional vehicle parking spaces if those spaces meet the requirements of Chapter KIBC. B. A home occupation must be clearly incidental to the residential use of a dwelling unit. C. No more than 25 percent of the total floor area of the dwelling unit may be used in connection with a home occupation. D. Except for one sign meeting the requirements of Chapter KIBC, there shall be no outside evidence of the home occupation. E. Materials used in conjunction with a home occupation shall not be stored outside, except for outdoor storage of commercial fishing gear pursuant to subsection (F) of this section. F. The business of commercial fishing conducted from a residence shall be considered a home occupation, provided that the use conforms to the following: 1. Equipment such as fishing gear, skiffs and associated trailers, crab pots, and nets that are related to an off-site fishing business employing a resident of a dwelling may be stored outdoors, subject to the requirements of this subsection. 2. On a lot 20,000 square feet or less, all equipment stored outdoors shall be screened by a wall or fence meeting the requirements of KIBC Outdoor storage shall not exceed 12 feet above grade. G. The sale of products and consumer goods shall be prohibited except for the sale of products or goods produced or fabricated on the premises as a result of the home occupation, or items that are clearly incidental to the use and are marketed to clients and customers. H. The home occupation shall not create additional pedestrian, automobile, or truck traffic exceeding normal volumes expected for a typical residential use. A home occupation that generates more client or customer visits than expected for a typical residential use may be required to obtain a conditional use permit for a home based business. I. A home occupation shall not be open to the public earlier than 7:00 a.m. or later than 9:00 p.m. J. The home occupation shall not regularly require the delivery of materials to and from the premises by a commercial vehicle over 17,500 lbs. GVWR (gross vehicle weight rating). K. Hazardous materials, other than those commonly found in a residence, shall not be used or stored on the site. L. Noise (see KIBC ), vibration, smoke, dust, odors, heat, or glare shall not result from the home occupation to the extent that such impacts are detectable beyond the property line Home-based Businesses Where allowed in a district, a home-based business in a dwelling shall be subject to the following requirements: A. General Requirements. 1. The following shall not be permitted as a home based business in any district: a. Junk yards or scrapping operations. b. Retail sales, except as allowed by KIBC (D)(7), below. c. A business storing hazardous materials outdoors, other than fuels for heating or for vehicles, and lubricants or liquids used to operate or maintain vehicles. 90

91 B. C. D. 2. The following use and activities shall not be permitted as a home based business in the Residential, Settlement, Conservation, or Village districts. a. Waste hauling and sanitary services. b. Paint or body shops. c. Vehicle or heavy equipment repair; however, this shall not exclude repair of lawn, garden, and snow removal equipment with small engines or recreational vehicles with engines less than 800 cc. d. Medical or dental offices, except when listed as a conditional use in certain zoning districts. 3. The parcel containing the home based business shall contain a single-family dwelling as the principal use and the business shall be owned and operated by a full-time resident of the dwelling located on the property. Minimum Lot Area. 1. For the following home based businesses, the minimum lot area shall be at least 40,000 square feet: a. Any business exceeding 1,000 square feet of gross floor area. b. Any business utilizing heavy equipment, trailers, or trucks with a gross vehicle weight rating of 26,000 pounds or greater. c. Any business requiring outdoor storage of equipment, materials, or other goods except as allowed in the Residential or Village districts by KIBC (D)(3), below. 2. For all other home based businesses, the minimum lot area shall not be less than 20,000 square feet. Structure Requirements. 1. A home based business may be conducted within a dwelling or within an accessory building meeting the requirements for accessory buildings in Chapter KIBC. 2. No more than 25 percent of the gross floor area of the dwelling may be utilized by the home based business. 3. Buildings that must meet special building code requirements, such as automatic fire suppression systems, explosion proof construction, hazardous waste containment systems (not including the storage of small quantities of fuel, motor oil, lubricants, and anti-freeze), or other similar requirements shall not be permitted. Performance Standards. 1. Any equipment or process employed by a home based business shall not create excessive noise, vibration, glare, fume, odors, or electrical interference detectable beyond the property lines of the home based business. 2. The volume of traffic generated at any time by a home-based business shall not adversely affect the surrounding homes or neighborhood, as determined by the community development department. 3. Outdoor Storage. On lots of less than two acres, all commercial or business vehicles and equipment must be stored within an enclosed structure; however, one vehicle may be stored behind a building where it is not visible from the street. On lots two acres and above, vehicles and equipment may be stored outdoors, except in the front yard or in a required rear or side yard setback. 4. Not more than two persons who are not a resident of the dwelling may work at the site. Other employees who work off-site may have access to the home occupation, provided that permanent work space within the dwelling is not provided. Off-site employees may not park vehicles at the 91

92 site while working elsewhere; however, a property of at least two acres may provide for up to two additional vehicles, provided that the parking spaces meet the requirements of Chapter KIBC. 5. The home based business shall provide one off-street parking space for employees not residing on the premises, in addition to the parking requirement for the dwelling. If the business requires or allows customer access to the business, there shall be one additional parking space provided for each 400 square feet of usable floor area dedicated to the home based business. 6. The commission may approve additional conditions limiting the hours of operation, outdoor storage locations, screening, additional parking, and other requirements that minimize impacts on adjacent properties and which are consistent with the intent of this title and necessary to protect the public health, safety, and welfare. 7. Retail sales shall be limited to only those goods produced by the home based business, except that items that are clearly ancillary to the business on the premises may also be sold. 8. One sign meeting the requirements of Chapter KIBC is allowed Domesticated Animals and Pets A. In the R-1, R-2, and R-3 zoning districts, up to five dogs, cats, or other domestic animals, aged six months or older are permitted provided that the animals are not kept for commercial purposes. In the RR-1, RR-2, CR-2, CR-5, PR, C, and V zoning districts, up to ten domesticated animals are permitted provided that the animals are not kept for commercial purposes. B. Chickens, Ducks, and Rabbits. No more than twelve chickens (no roosters), ducks, or rabbits or any combination up to twelve shall be allowed per lot in the R-1, R-2, or R-3 zoning districts, subject to the following requirements: 1. A fence or other structure which is adequate to contain the animals, their waste, and litter shall be maintained at all times. 2. Adequate measures shall be taken to properly dispose of animal wastes and litter. 3. The presence of these animals does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood. 4. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard area of the lot. 5. Any chicken coops, chicken tractors, or rabbit hutches shall be setback at least 10 from side and rear property lines, and five feet from other structures, including decks. 6. Keeping chickens, ducks, and rabbits as domesticated animals or pets within the City of Kodiak is regulated by Chapter 7.04 Kodiak City Code. 7. Keeping chickens, ducks, and rabbits as domesticated animals or pets outside of the City of Kodiak is also regulated by Chapter 6.04 KIBC Keeping Livestock for Personal Use A. General Requirements. 1. Livestock shall be raised and kept for personal use only. Any food, fur, or other products shall be kept, used, or consumed by the family residing on the same property. This shall not be construed to prevent the private sale of products, such as eggs, milk, wool, etc. which are produced in volumes greater than that which can be reasonably expected to be used or consumed by the family; nor shall it prevent the sale of animals born to livestock kept for personal use, provided that livestock are not kept for commercial breeding or other commercial purposes. 2. Animals kept for livestock must be completely enclosed in a fenced area that is of suitable height and construction to contain the animals, subject to the requirements of KIBC A lowvoltage electrified fence is permitted, subject to the following: 92

93 a. Voltage shall not exceed 10,000 volts in pulses. Fences and charging systems must meet UL and federal safety standards. b. The electrified fence shall display warning signs mounted on the fence every 40 feet or less. 3. All waste, including manure, shall be managed so there are no unsanitary or unsafe conditions. 4. Any agricultural building used to shelter livestock shall be considered an accessory structure and must, at minimum, be a rigid structure designed to withstand normal wind and snow loads. Accessory buildings shall meet the requirements of KIBC and KIBC Title 15, Buildings and Construction. 5. Horses and other equine and cattle and other bovine with a mature animal weight of 55 pounds or greater may not be raised on a lot less than 20,000 square feet in area. There is no minimum lot area for other types of livestock. 6. Keeping of livestock shall comply with KIBC Title 6, Animals and any applicable state and federal requirements. 7. The requirements of this section do not apply to permitted commercial agricultural operations Outdoor Retail Display and Sales A. Commercial Districts. 1. General Provisions. a. Except for vehicle sales and dealerships, outdoor retail display and sales may not be located within a required setback. b. Retail display and sales are permitted within parking lots provided the minimum number of required parking spaces for the use and safe and efficient vehicular and pedestrian circulation is maintained. 2. Vehicle Sales and Dealerships. a. Vehicles for sale may be located within required setbacks, subject to subsection b, below. b. Vehicles for sale are not permitted within 25 feet of a side or rear lot line abutting a residential zoning district unless screened from view according to KIBC (G). B. Industrial Districts. 1. Outdoor display and sales areas adjacent to a Residential district shall be screened according to KIBC (G). This shall not apply to vehicle storage areas Outdoor Storage as an Accessory Use A. Outdoor storage shall not become a nuisance or safety hazard and shall not harbor vermin or be a public health hazard. B. Mobile home structures or parts thereof may not be used as an accessory structure or for storage. C. Residential, Settlement, and Village Districts. All items other than operable motor vehicles shall be stored indoors, except as follows. 1. Items that are typically accessory to Kodiak residential uses, such as barbecue grills and similar outdoor cookers, recreational equipment, swing sets, toys, inflatable swimming pools, statuary and similar outdoor artwork, firewood, items related to subsistence activities, etc. may be stored outdoors. 2. Items related to a home occupation or home based business, if approved, may be stored outdoors only as permitted by KIBC and , and shall be subject to any conditions imposed at the time of approval. 3. Storage of personal vehicles, boats, recreational vehicles, and associated trailers is allowed.. 93

94 D. Commercial and Industrial Districts. 1. Outdoor storage may not be located within required setbacks. 2. Storage areas adjacent to a Residential district shall be screened according to KIBC (G). This shall not apply to vehicle storage areas. 3. Storage Trailers. Semi-trailers, truck boxes, or similar vehicles with wheels and designed for transport may be used for storage in Commercial and Industrial districts, subject to the following: a. Unlicensed or inoperable trailers or similar vehicles may not be used for storage. b. Storage shall be intended for eventual transfer or transport. Trailers shall not be used for permanent or long-term storage for more than six months unless they are properly anchored as determined by the building official. c. Trailers may not be parked or stored in any required setbacks. d. This subsection shall not apply to trailers used to store building materials or otherwise related to an active construction project which has received all required permits, provided the trailers are removed when the project is done. E. Cargo Containers. Cargo containers that are used for shipping or receiving of goods created or used on the site may be stored within any yard in Industrial districts and the Village District when associated with an approved industrial use; however, containers shall not be stored within any required setbacks. Stored containers shall not be stacked higher than the height limitation of the zoning district. Cargo containers may be used as storage structures, provided that container is properly anchored and in compliance with any applicable building or fire code requirements Solar Energy Collectors A. The following requirements shall apply to solar energy collection systems in the Residential, Settlement, and Village zoning districts. In all other districts, there shall be no limitation on solar energy collection systems, except that the zoning district setback requirements for principal buildings shall apply. B. General requirements. 1. A unit shall not be installed or located so that sunlight or glare are reflected onto a neighboring residence or adjacent streets so as to constitute a nuisance or a safety issue. 2. Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer s directions. Upon request, a copy of such directions shall be submitted to the borough building official prior to installation. 3. A solar energy collector shall be permanently and safely attached to a building or structure or to the ground; specifications for attaching the unit shall be submitted to the building official for review prior to installation. 4. The installation and use of solar energy collectors shall comply with the borough construction code, the electrical code, and other applicable borough, State of Alaska and federal requirements. 5. Except for a sign or logo not greater than three square feet that identifies the manufacturer or necessary safety information, no other signs may be applied to the solar collector or its supports. C. Roof mounted units. A roof-mounted unit shall not project more than three feet above the highest point of the roof and may only exceed the maximum building height for the zone district by three feet. D. Ground mounted units. Ground-mounted solar energy collectors shall be located only as follows: 1. The unit shall not be located in a required rear or side yard setback or within 15 feet from a side or rear lot line. 2. The unit may be located in a front yard, but only if it is at least 25 feet from the front lot line. 94

95 A ground mounted solar energy collector shall not exceed 16 feet in height, measured from the ground at the base of the unit. 4. The combined area of ground-mounted solar energy collectors shall count toward maximum permitted lot coverage for accessory structures (see KIBC and a single collector shall not exceed 1,500 square feet Wind Turbines, Residential (For Utility scale wind turbines see ) A. Approval. A residential-scale wind turbine, if listed in the district as a permitted use by right, shall be reviewed by the department, according to the requirements of this section. If listed in a district as a conditional use, it shall be reviewed according to the process for conditional uses in Chapter KIBC, in addition to the requirements of this section. B. Application and Site Plan Requirements. For all residential-scale wind turbine installation requests, the application and site plan shall include the following information in addition to any other information required for land use permit or conditional use review (as applicable): 1. Name(s) of wind turbine manufacturer and installer with contact information. 2. Certification that the residential-scale wind turbine and mount meets any current standards developed by the International Electrotechnical Commission (IEC), American National Standards Institute (ANSI), or the Small Wind Certification Commission (SWCC). 3. Scaled drawing of the property showing dimensions of all property lines and the area of the lot in square feet. 4. Location and setback of all structures on the site, including any overhead utility lines and the proposed residential-scale wind turbine. C. General Requirements. 1. Residential-scale wind turbines shall only provide energy to the structures and uses of the property on which the tower is located; however this does not prevent excess electricity generated beyond the needs or uses on the property from being distributed to the local electrical grid through an established net metering agreement with the local electrical utility. 2. Residential-scale wind turbines must be owned or leased by the owner of the same property on which it is installed. 3. The wind turbine shall not produce electromagnetic interference with signal transmission or reception on fixed broadcast, re-transmission, or reception antennae for radio, television, or wireless phone or personal communication systems. 4. The height of a residential-scale wind turbine shall not exceed 50 feet on lots less than one acre in size; 75 feet on lots less than three acres in size; or 150 feet on any other lot. 5. The minimum rotor blade tip clearance, measured from grade, a structure, or a utility line shall be 15 feet. D. Abandonment. A wind turbine shall be removed when it is no longer operating, or when it has not produced electrical energy for 12 consecutive months. E. Ground-mounted Single Accessory Residential Scale Wind Turbine (See Figure ). 1. Only one ground-mounted residential-scale wind turbine is permitted per lot in residential, settlement, and village zoning districts and residential lots in districts. For Commercial and Industrial zoning districts, the number of ground-mounted residential-scale wind turbines shall not be limited, provided that all are clearly an accessory to the principal use on the lot. 2. The wind turbine shall be setback from all property lines at a distance at least equal to its height. The setback shall be measured from the property line to the closest extension of the rotor relative to the property line. No part of a single wind turbine, including guy wire anchors, shall be located within or above a required setback. 95

96 F. Building Mounted Residential-scale Wind Turbine (See Figure ). 1. A lot may contain more than one building-mounted, on-site service residential-scale wind turbine; however, each wind turbine must meet all the requirements of this subsection. 2. A building mounted residential-scale wind turbine shall be setback from all property lines at a distance that is at least equal to the combined height of the wind turbine and the height of that portion of the building on which it is mounted. The setback shall be measured from the property line to the closest extension of the rotor relative to the property line (see Figure 160-2) Accessory Dwelling Units A. Accessory Dwelling Units (ADUs). Accessory dwelling units add variety and housing choice in residential neighborhoods and can be an effective way to add affordable rental housing stock to existing neighborhoods. ADUs also provide options for residents to age in place or to live with or near family and caregivers, providing a flexible way to address family needs for additional housing. 1. An ADU may be located within a single-family detached dwelling or a detached accessory building on the same lot as a principal dwelling. If the ADU is located within a single-family detached dwelling, there shall only be one entrance to the front of the house. Separate entrances to an ADU are permitted at the side or the rear of the principal dwelling unit. 2. ADUs are required to comply with all applicable building and fire code requirements. 3. The accessory dwelling unit must have a bathroom and shall share the same sewage disposal and water supply systems as the principal dwelling unit unless separate sewer and water connections are required by the City of Kodiak or ADEC. 4. A minimum of one additional off-street parking space shall be provided. The additional space shall be on the same lot as the principal dwelling unit. 5. If the ADU and the principal residence are located on the same floor or story, the ADU shall be limited to 33 percent of the total living area of the principal dwelling or 650 square feet, whichever is less. If the ADU is located on a single floor or story and there is no increase in the size of the house, the entire floor or story may be used for the ADU. 6. The accessory dwelling may contain no more than a living area, one bedroom, one bath, and a kitchen. 7. The owner of the property shall live in the principal dwelling or the ADU. 8. No more than two people shall occupy the ADU. 9. No new access points or driveways shall be created or installed for access to the ADU

97 Chapter RESIDENTIAL USES Sections: Mobile Home Parks Mobile Homes on Individual Lots Multi-family Dwellings Independent Living and Assisted Living Mobile Home Parks A. Applicability. 1. Except as a nonconforming use regulated by Chapter KIBC, all mobile home parks shall be constructed, operated, and maintained in accordance with the standards of this chapter. The owner of a mobile home park shall be responsible for compliance with this chapter. 2. When any land use permit for a mobile home park is approved, the provisions of this section will apply instead of the provisions of the underlying zoning district. B. Plan review. An application for a new mobile home park or an expansion of an existing park shall include a site plan. The site plan shall include and address: 1. Exterior lot lines and their dimensions, and the lot area of the site. 2. A plan in sufficient detail, demonstrating the requirements of this section are met. 3. The design and location for site drainage, roads, solid waste disposal, lighting, and provision of sewer and water. The design must be prepared by a registered engineer and reviewed and approved by the engineering and facilities department. 4. For existing parks, an as-built survey may also be required, showing the mobile home space boundaries, space sizes, parking areas, proposed mobile home footprints, as well as separation distances and parking areas on all adjoining mobile home park spaces. C. Streets. 1. Streets shall be private and owned and maintained by the owner or operator of the mobile home park. While a public street may be extended into a mobile home park, mobile home spaces shall not have direct access to a public street. 2. Streets shall have a gravel or better surface and be well drained, maintained, and open to traffic at all times. 3. Two-Way Traffic. A driving lane shall meet the minimum design and construction requirements for local roads in a subdivision, per KIBC Title 16, Subdivisions. 4. One-Way Traffic. A driving lane shall be at least 12 feet wide. 5. Dead-end streets shall have a turnaround or cul-de-sac as approved by the engineering and facilities department. A dead-end street shall not exceed 500 feet in length. 6. A mobile home park shall have at least two entrances onto a public street that has a right-of-way of not less than 50 feet. 7. Street Names. The owner of the mobile home park owner shall be responsible for assigning and posting street names, space numbers, or addresses. Street names and space numbers shall be submitted to the community development department for review and approval, subject to applicable street naming requirements, and shall be made available to other public agencies by the department. D. Parking. 97

98 At least two residential parking spaces, with minimum dimensions of nine (9) feet by nineteen (19) feet, shall be provided for each mobile home space. 2. Alternatively, required parking for individual home spaces may be pooled and located in a common parking lot within the mobile home park. The parking plan must be approved by the planning and zoning commission, but does not require a public hearing. All common parking areas shall be designed and approved per KIBC E. Mobile Home Spaces. 1. A mobile home space shall be at least 30 feet wide and be or sufficient depth to meet all separation distances specified in this section. 2. A mobile home space shall not contain more than one mobile home. 3. Not more than 50 percent of the mobile home space shall be occupied by a combination of the mobile home, any addition(s), and accessory buildings. 4. All mobile home spaces shall have direct access to a park street. 5. Setbacks. The following minimum setbacks apply to a mobile home: a. 25 feet from a public street. b. 10 feet from a park street. c. From another mobile home or community building the following minimum distances apply (excluding the tongue): i. Side to side: ten feet ii. End to side: eight feet iii. End to end: six feet d. The community development department may allow a lesser separation if the adjoining walls and roof of either structure are without openings, constructed of materials with a one-hour fire resistance rating, or the structures are separated by a one-hour fire-rated barrier. 6. Accessory Building Separation. An accessory building or a structure constructed of combustible materials shall be located at least five feet from another accessory building or structure within or adjacent to the mobile home space, and no closer than six feet from a mobile home. An addition to or a combination of additions shall not increase the area of the mobile home, as originally manufactured, by more than 100 percent. F. Play areas. Play areas shall be centrally located and accessible to all mobile home spaces in a park. For each mobile home space within a park a 100 square foot play area that is not within a mobile home space and that cannot be used for other purposes, shall be provided. G. On-site storage. A common outdoor storage area to accommodate boats, recreational vehicles, and other like equipment shall be provided at a ratio of 75 square feet of storage area per mobile home space. H. Buffering. The planning and zoning commission may require that a fence, wall, or hedge be installed and maintained between a mobile home park and any other adjacent lot as a condition of approval for a conditional use permit, subject to the requirements of KIBC (G). I. Parking of mobile homes. A mobile home shall not be parked for more than 72 hours in a mobile home park unless it is parked in a mobile home space or a designated on-site storage area referenced in KIBC (H), above. J. Repairs, alterations, or additions to mobile homes shall be subject to KIBC Title 15, Buildings and Construction Mobile Homes on Individual Lots Mobile homes on lots of record are permitted and considered as a single-family home, subject to the following requirements: 98

99 A. No more than one mobile home is allowed on an individual lot. A single mobile home on an individual lot is subject to all district requirements pertaining to a detached single-family residence. B. Mobile homes shall not be installed with the wheels attached. Additionally, a mobile home shall not have an exposed towing mechanism, undercarriage, or chassis. C. Individual mobile homes are subject to the minimum lot size and setback requirements of the zoning district in which they are located. D. All mobile homes must be inspected and receive a certificate of occupancy from the building official prior to occupancy. E. Notwithstanding the above, all construction, plumbing, electrical equipment and wiring, and insulation within and connected to a mobile home shall conform to the quality standards stipulated in the Mobile Home Construction and Safety Standards as issued by the United States Department of Housing and Urban Development, being 24 CFR 3280, as amended. F. Mobile home structures or parts thereof may not be used as an accessory structure or for storage Multi-family Dwellings A. Multi-family dwellings in the MU Mixed Use District. 1. The setback and parking requirements for multi-family dwellings in the R3 District, shall apply. 2. No more than four dwelling units per building shall be allowed. 3. Multiple buildings shall be separated by at least 25 feet Independent Living and Assisted Living A. Independent living and assisted living housing projects in the R3 District shall be developed in the same manner as multi-family dwellings. B. Independent living and assisted living housing projects in the Village District are subject to the requirements for multi-family dwellings in the V District, as listed in Chapter KIBC. 99

100 Chapter LODGING, ENTERTAINMENT, RECREATION, AND FOOD SERVICE USES Sections: Adult Regulated Use Bed and Breakfast Boardinghouses and worker housing Hotels and motels Lodges Recreational Vehicle Parks Restaurant, Drive-in or Drive-through Adult Regulated Use A. Intent. In the development and execution of these zoning regulations, it is recognized there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. The proximity of adult entertainment regulated uses to certain uses considered particularly susceptible to the negative impacts of the concentration of adult uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime, and contribute to a blighting effect on the surrounding area. This subsection describes the uses regulated and the specific standards necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts. B. No adult regulated use shall be permitted in a location in which any main building or accessory structure, including signs, is within 1,000 feet of any main building or accessory structure of another adult regulated use. C. No adult regulated use shall be established on a parcel within 200 feet of any residential zoning district or parcel with any church or similar place of worship. The distance between a proposed adult regulated use and any such zoned area or existing use shall be measured in a straight line from the nearest property line upon which the proposed adult regulated use is to be located to the nearest property line of that zoned area or existing use. D. Any sign or advertising for an adult regulated use must comply with the provisions of this title. A sign or advertising may not include photographs, silhouettes, or drawings of any specified anatomical areas or specified sexual activities, or obscene representations of the human form and may not include animated or flashing illumination. E. Entrances to proposed adult regulated uses must be clearly marked with lettering at least two inches in height stating: 1. Persons under the age of 18 are not permitted to enter the premises; and 2. No alcoholic beverages are permitted within the premises; unless specifically allowed pursuant to a license duly issued by the State of Alaska. F. No product or service for sale or gift or any picture or other representation of any product or service for sale or gift shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining roadway or a neighboring property. G. Hours of operation shall be limited to the same hour limitations that apply to premises serving alcoholic beverages, unless other hours of operation are established with the condtional use permit. H. All off street and on-site parking areas shall comply with this title, based on the primary use (e.g., retail, assembly, etc.) and shall be illuminated at all times. I. Conditions of Approval. Prior to the granting of approval for the establishment of any adult entertainment use, the commission may impose any conditions or limitations upon the establishment, 100

101 location, or operation of the adult regulated use which is necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled. J. No person operating an adult regulated use shall permit any person under the age of 18 to be on the premises of the business as an employee, customer, or otherwise. K. All adult entertainment uses, where permitted, require a conditional use permit. L. Any conditional use permit for an adult entertainment use may by revoked if specified sexual activities as defined in this title occur on the premises Bed and Breakfast A. All applications must demonstrate that all necessary licenses have been applied for and will be obtained before the bed and breakfast is opened for business. B. A bed and breakfast shall only be established in a dwelling unit that is owned and used as the principal residence by the operator. A two-family or multi-family building may be used as a bed and breakfast, provided the owner or operator has a principal residence in one of the units in the building and no more than two bedrooms in the owner s unit or another unit are rented to bed and breakfast guests. C. The operator of the bed and breakfast shall own the residence at all times and shall not contract with another party for its management. Zoning compliance authorization shall become void if the operation or management of the bed and breakfast is conducted by a party other than the owner living in the residence. D. The lot on which the establishment is located shall meet the minimum lot requirements of the applicable zoning district. E. The total number of guest rooms in the establishment shall not exceed two. At least one full bathroom with toilet, shower and bath facilities shall be provided for the guest rooms. F. One ground sign (maximum 16 square feet in area and six feet in height) or one wall sign (maximum 16 square feet in area), is allowed. Signs may be indirectly illuminated. Internally lit signs are prohibited. The sign shall conform to the regulations set forth in Chapter KIBC. G. Meals shall only be prepared for and served to the operator's family, employees, and overnight guests. H. A bed and breakfast may provide services available to guests only, such as hunting, fishing, wildlife viewing, photography excursions, use of recreational vehicles, recreational mining, etc. I. In areas where sanitary sewer and water are not available, all water and wastewater systems shall be approved by ADEC. J. Prior to operating a bed and breakfast, a copy of the certificate of registration for the transient accommodation tax (KIBC ) or, if applicable, the certificate of exemption from that tax (KIBC ), must be submitted to the community development department. K. Must comply with parking requirements in Table Boardinghouses and Worker Housing A. Approval. All boardinghouses and worker housing shall be approved by the building official for compliance with this section, other applicable requirements of this title, and any applicable borough, state, or federal regulations prior to commencing the use. Prior to operating a boardinghouse or worker housing, a copy of the certificate of registration for the transient accommodation tax (KIBC ) or the certificate of exemption from that tax (KIBC ) must be submitted to the community development department. B. Rules and Residency Requirements. The conditional use permit application must include the rules and residency requirements governing the use. The management will be solely responsible for the 101

102 C. D. E. F. G. enforcement of all rules that are reviewed and approved by the commission as part of a conditional use approval. Common Spaces. A building with a capacity of ten or fewer rooming units or beds shall contain at least 250 square feet of common space, such as recreation areas, lounges, and similar living spaces. A building with 11 or more rooming units or beds, shall contain an additional 10 square feet of common space for each rooming unit or bed over 10. Bathrooms, laundries, kitchens, storage spaces, hallways, utility rooms, etc. shall not be counted towards meeting this requirement. Toilet Facilities. At least one flush toilet, lavatory basin, and bathtub or shower shall be supplied for each six persons or fraction thereof residing within the building, including members of the operator s family if they share the use of the facilities, provided that: 1. In a dwelling or portion of a dwelling where rooms are let only to males, flush urinals may be substituted for not more than one-half the required number of toilets, provided that there shall be at least one toilet in each lavatory. 2. All such facilities shall be reasonably accessible from a common hall or passageway to all persons sharing the facilities. The facilities shall not be located more than one floor above or below the rooming unit(s) or sleeping area(s) served. 3. Every lavatory basin and bathtub or shower stall shall be supplied with heated and unheated water under pressure at all times. 4. If the dwelling has only one bathroom for use by its occupants, the bathroom shall not be located below grade. 5. In remote areas, if a pressurized water system is not available the requirements for toilet facilities shall be met by providing toilet, hand-washing, and bathing facilities that meet ADEC and local requirements. Each rooming unit or sleeping area shall have an adequate and safe means of ingress and egress, including at minimum a second means of emergency egress that is marked and leads to a safe location at ground level, or as required by the building official. Boardinghouses. 1. A boardinghouse rooming unit shall contain sleeping and living quarters and may or may not contain individual toilet and bathing facilities meeting the requirements of this section, but may not include permanently installed cooking facilities (an oven, range, or built-in microwave oven). 2. The minimum size of a rooming unit designed to serve one inhabitant shall be 70 square feet, with not less than seven feet in any dimension. An additional 50 square feet shall be required for each additional occupant. 3. Each boardinghouse room shall be leased to full-time residents, who shall have complete access to and use of the room at all times. 4. Twenty-four hour, on-site management shall be provided. 5. Access doors to a rooming unit shall have operating locks to insure privacy. 6. A rooming unit shall contain at least four square feet of closet space for each occupant, which shall have an unobstructed height of at least five feet. Worker Housing. 1. A sleeping area with three or fewer beds is subject to the requirements of a boardinghouse rooming unit as required by subsection (F) of this section. Sleeping areas with more than three beds shall provide 100 square feet per bed. 2. Hot-Bunking. Beds may be shared by multiple tenants on rotating shifts, subject to the following: a. Hours assigned to tenants sharing an individual bed may not overlap. 102

103 b. No individual tenant may be required to spend less than seven continuous hours using a bed within the facility. c. Each bed shall be provided fresh linens between each shift. Linens may be assigned to tenants and must be changed between each shift Hotels and Motels Prior to operating a hotel or motel, a copy of the certificate of registration for the transient accommodation tax (KIBC ) or the certificate of exemption from that tax (KIBC ) must be submitted to the community development department Lodges A. A lodge shall provide on-site, 24-hour per day management during any period it is open to guests. A dwelling unit may be provided for an on-site manager or owner operator, but is not required. B. Each lodging unit shall have interior access to toilet and bathing facilities. No more than four guests shall share a full lavatory. An individual lodging unit may contain permanently installed cooking facilities. C. Each lodging unit shall have an adequate and safe means of ingress and egress, including a second means of emergency egress that is marked and leads to a safe location at ground level, as required by the building official. D. Within the residential zoning districts, a lodge may provide meals for guests only. In all other districts (except the V Village District, meals may be provided for non-guests. Lodges that are permitted to serve meals to non-guests may also provide food services during the off (non-lodging) season. E. A lodge may provide services and equipment for off-site activities such as hunting, fishing, wildlife viewing, photography excursions, use of recreational vehicles, recreational mining, etc. Within the V zoning district, these services may be offered only to guests. All equipment other than vehicles shall be stored indoors. F. Lodging units may be provided in separate cabins or buildings on the same or on an adjacent property under the same ownership, provided that there are at least two guest units in the main structure. A separate lodging cabin shall not be located more than 200 feet from the main lodging unit. G. In areas where sanitary sewer and water are not available, all water and wastewater systems shall be approved by ADEC. H. Prior to operating a lodge, a copy of the certificate of registration for the transient accommodation tax (KIBC ) or the certificate of exemption from that tax (KIBC ) must be submitted to the community development department Recreational Vehicle Parks A. Density. The gross park density shall not exceed 25 recreational vehicle sites per acre. B. Area. Each recreational vehicle space shall contain not less than 1,000 square feet of area. C. Width. Each recreational vehicle space shall be at least 20 feet wide. D. Occupancy. 1. A recreational vehicle park shall only accommodate recreational vehicles and tent camping. The maximum term of occupancy for each recreational vehicle shall be 180 days. 2. One mobile home or permanent structure may be located or installed in a recreational vehicle park for use by persons engaged in the management or operation of the recreational vehicle park. 3. No structure or attachment shall be constructed or installed on any recreational vehicle space or recreational vehicle. 103

104 A recreational vehicle park owner or a recreational vehicle owner may not rent a recreational vehicle to another person. E. Setbacks. A recreational vehicle space shall not be closer than 25 feet to any property line facing a public street or closer than eight feet to any other property line. F. Separation. A recreational vehicle shall not be located closer than 10 feet from any other recreational vehicle on an adjacent space. G. Open Space and Play Area. An open space or play area of not less than five percent of the gross area of the recreational vehicle park shall be provided. H. Screening. Screening meeting the requirements of KIBC that is at least fifty percent opaque and six feet high shall be provided and maintained along all property lines adjacent to residential uses. I. Required Toilet and Shower Facilities. Toilet and shower facilities will be provided as required by the borough s currently adopted Plumbing Code or the state of Alaska public accommodation regulations, whichever is more restrictive. J. Lighting. Restrooms and restroom entrances shall be adequately illuminated during hours of darkness. K. Waste Disposal Station. At least one waste disposal station shall be provided in accordance with ADEC regulations. L. Roads. Each recreational vehicle space shall be accessed by a well-drained, gravel-surfaced road, not less than 12 feet wide for one-way traffic and not less than 20 feet wide for two-way traffic. M. Solid Waste Management. A solid waste management plan must be provided to and approved by the borough engineering and facilities department staff. N. Accessory Retail Sales. Retail sales of goods intended for use by the guests of the park such as firewood, LP gas, convenience food, and personal items, etc., are permitted, provided that retail sales are not open to the general public. O. Prior to operating a RV Park, a copy of the certificate of registration for the transient accommodation tax (KIBC ) or the certificate of exemption from that tax (KIBC ) must be submitted to the community development department Restaurant, Drive-in or Drive-through A. Sufficient stacking for a drive-through restaurant shall be provided to ensure traffic does not extend onto the public right-of-way. At least four stacking spaces for each ordering station shall be provided and located so they do not interfere with vehicular circulation and egress by vehicles not using the drive-through. B. All drive-through facilities shall provide a by-pass lane, or safe means of egress around drive-through lanes, unless waived by the director due to specific mitigating site or operational conditions. C. At least two parking spaces shall be provided in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders. D. Access and egress from a site and internal circulation shall not impair or create unsafe conditions for other modes of travel, such as bicycles and pedestrians. E. Parking and maneuvering areas shall be screened by a fence, wall, or a landscaped equivalent meeting the requirements of KIBC (F) from any abutting property in a residential zoning district. F. Impacts associated with a drive-through, such as noise, air emissions, and glare shall not negatively impact the site or the surrounding area. The commission may impose conditions necessary to ensure that negative impacts are eliminated or sufficiently mitigated. 104

105 G. Devices that transmit or broadcast voices or music shall be located or muffled to prevent sound or music from being audible beyond the boundaries of the site in excess of 60 dba. 105

106 Chapter CIVIC AND INSTITUTIONAL USES Sections: Cemeteries Group Care Homes Hospitals Licensed Child Care Centers Nursing Homes Places of Worship Schools, Public and Private Cemeteries A. Minimum Lot Area. 1. Within the R1, R2, or R3 zoning districts: two acres 2. In all other areas: five acres. B. All burial plots and structures, including mausoleums, shall be set back at least 50 feet from a lot line or road right-of-way. C. Ground burial facilities shall be designed and constructed in accordance with the requirements of all applicable laws and regulations Group Care Homes A. A designated passenger loading and unloading area of adequate dimensions shall be provided near a barrier-free entrance to the home Hospitals A. Minimum lot area - ten acres. B. Maximum building coverage of a site - 50 percent. C. A two-story building shall be setback at least 100 feet from a lot line or public right-of-way. For every story above two, the setback shall increase by 20 feet. A one-story building shall be setback at least 40 feet from a lot line or public right-of-way, or the required setback in the zoning district, whichever is greater. D. A delivery, service, loading, or ambulance area shall be directly accessed from an arterial street. If the hospital is on a corner lot, access may be from a secondary street, provided the secondary street directly connects to the arterial street. E. At least two ingress and egress drives are required. F. Activities generating noise, such as ambulance, loading and delivery areas, a laundry, or power plant shall be at least 200 feet from any residential dwelling Licensed Child Care Centers A. Required indoor and outdoor play areas shall meet State requirements. B. Outdoor play areas shall be located away from vehicular traffic and enclosed by a minimum three-foot tall fence. A six-foot tall privacy fence or approved landscaping shall be provided where a play area abuts a single-family residential lot. C. A designated pick-up and drop-off area is required with a clearly marked pedestrian route to the main building entrance. Four such spaces are required for every 20 children of the licensed capacity. These spaces are not included in required parking space calculations Nursing Homes A. Minimum lot size shall be one acre. 106

107 B. A covered drop-off and pick-area shall be provided in close proximity to the main entrance. C. Walkways shall be provided from the main building entrances to the sidewalk, as linkages to adjacent developments (as appropriate), and along the adjacent public or private street(s) Places of Worship A. Maximum building heights may be exceeded for steeples, crosses, etc; provided all required setbacks are increased by one foot for every one foot the building exceeds the maximum building height. B. Licensed child care centers are permitted as an accessory use, provided the requirements of KIBC are met. C. Places of worship with a gross floor area greater than 50,000 square feet shall abut an arterial street. Except for secondary emergency vehicle drives, site access shall not be from a residential or local street Schools, Public and Private A. Minimum lot area shall be based on the type of school (elementary, middle, high school, etc.) and the expected enrollment, as determined by a study provided by the operator. B. Wherever possible, there shall be at least two points of access to a public street, with at least one onto an arterial or collector. C. The commission may require a traffic impact study to determine impacts on surrounding properties and best practices for bus routes, pick-up and drop-off patterns, etc. 107

108 Chapter INTENSIVE USES Sections: Intensive Use Categories General Requirements Transportation and Motor Vehicle Uses Agriculture, Forestry, Fishing, and Related Uses Construction and Mineral Extraction Uses and Manufacturing and Storage Uses Essential Services Wind Turbines, Utility Scale Intensive Use Categories The following use categories, as listed in the Schedule of Uses tables for the zoning districts in KIBC Title 17, Part 3; Chapters through , are subject to the general and specific requirements of this chapter. A. Transportation and Motor Vehicle Uses B. Agriculture, Forestry, Fishing, and Related Uses C. Manufacturing and Storage Uses D. Construction and Mineral Extraction Uses E. Essential Services General Requirements All uses listed in KIBC , above, are subject to the following general requirements: A. Water quality. Facilities shall be designed and operated to meet state standards. B. Wastewater. Treatment and release of wastewater shall be designed and operated to meet state standards. C. Scenic quality. Facilities shall be designed and operated so they are as compatible with surrounding scenic qualities as is practical. Where practical, vegetation shall be restored when disturbed by construction. Once construction has been completed all temporary structures not required for future use and all construction debris shall be removed. D. Fish and wildlife resources. Facilities shall be designed and operated to protect surrounding fish and wildlife resources as is practical. Facilities shall not jeopardize habitat areas necessary to sustain local or migratory populations of such resources. E. Historic and cultural resources. Facilities shall be designed and operated to minimize disturbance to historic and archaeological resources. The SHPO and the borough shall be promptly informed when such resources are encountered during construction or operations. A plan to preserve and interpret such resources shall be prepared by the developer and submitted to the SHPO and the borough for review and approval by the community development department. F. Fire protection. Facilities shall employ reasonable fire protection measures as determined by fire official with jurisdiction. G. Site use. A site shall not be used for any purpose except as specified in the conditional use permit. H. Pollution discharges. Facilities shall be designed and operated to minimize the discharge of pollutants in accordance with ADEC requirements. I. Public health and safety. Facilities shall be capable of withstanding, without failure, reasonably expected service loads. J. Socio-economic impact. Facilities shall minimize adverse socio-economic impacts including, but not limited to, increased demands for government services or capital expenditures. 108

109 K. Beneficial use of waste. Facilities shall make beneficial use, to the extent practical, of any waste and byproducts generated by the facility. L. Waste disposal. All waste that cannot be beneficially used shall be disposed of in compliance with all applicable regulations. M. Erosion control. Facilities shall minimize erosion and disturbance to natural drainage patterns Transportation and Motor Vehicle Uses A. Airports and Support Facilities. 1. Kodiak Municipal Airport and Lily Lake. To carry out the provisions of this title and to ensure the continued viability of utility airports for safe aircraft operations, regulations restricting the height and placement of structures, material storage, and vehicle and aircraft parking apply to all lands contiguous to or adjoining utility airports in the borough. Further, in recognition of the historical development patterns around Lilly Lake (from the airstrip to Larch Street) and any other lands over which aircraft are required to fly or make a safe approach, when landing or taking off in connection with the use of the Kodiak Municipal Airport, Lilly Lake, or a utility airport, the following apply: a. All development or use of land contiguous to or adjoining Lilly Lake, the municipal airport, or a utility airport shall comply with airport height limitations and airport setback requirements. b. Zoning compliance shall not be issued for an activity that places fill in Lilly Lake. Docks less than 30 inches above the water surface exclusively used for seaplane parking may be placed in Lilly Lake provided the dock is within an airport parking zone. c. Zoning compliance shall not be issued for a structure located on land contiguous to or adjoining Lilly Lake that projects from the land out over the lake. d. All newly established utility airports shall be designed and located to comply with Federal Aviation Administration Advisory Circular No. 150/5300-4B for utility airports, as amended or superseded. e. For all lands contiguous to or adjoining Lilly Lake, the Kodiak Municipal Airport or a utility airport: i. The maximum building height shall be 35 feet, superseding all other height restrictions for the zoning district in which the property is located. ii. A structure, building, or equipment shall not project into an approach surface, a clear zone, a parking zone, or a runway clear zone. B. Vehicle Repair, Major or Minor. 1. To the degree practicable, maintenance and repair work shall be conducted completely within an enclosed building. 2. Outdoor storage of vehicle components, parts, materials, supplies, or equipment is subject to the requirements of KIBC If the vehicle repair facility also sells and dispenses fuel, it shall also meet the requirements for vehicle service stations in KIBC (C), below. C. Convenience Stores with Gas Pumps (aka Service Stations). 1. Minimum lot area shall be 20,000 square feet. 2. Minimum lot width shall be 150 feet. 3. Pump islands shall be at least 20 feet from a public right-of-way or lot line; however, a pump for marine fuel may be located one foot from the waterfront lot line, provided measures are taken to prevent fuel spills. 109

110 Above-ground tanks containing a gas or liquid shall be at least 15 feet from a lot line and 30 feet from a waterfront lot line. 5. Overhead canopies shall be at least 20 feet from a public right-of-way Canopy lighting shall be recessed, fully shielded, and directed down to prevent glare. 6. No more than 2 driveways are permitted per street frontage unless the department or commission, as applicable, determines additional access is necessary to ensure safety and efficiency. 7. If fueling operations have been abandoned or terminated, all underground fuel storage tanks shall be removed in accordance with ADEC requirements. D. Vehicle Wash Facilities (Commercial). 1. Minimum lot size. 10,000 square feet or the minimum required for the zoning district, whichever is greater. 2. All washing activities, except pre-washing by patrons waiting to enter a self-service wash stall, must be carried on within a building. 3. Vacuuming activities shall be at least 50 feet from an adjoining residential property. 4. Wash facility entrances and exits shall be from within the lot and not directly to an adjoining street. A street shall not be used by vehicles waiting for service as a maneuvering or parking area. 5. Two vehicle stacking spaces are required for each self-serve wash stall. 6. Five stacking spaces are required for each automatic wash lane. 7. Off-street parking areas and maneuvering lanes shall be designed to prevent water from draining onto adjacent property or public rights-of-way. 8. Measures to minimize noise impacts on adjoining properties shall be employed Agricultural Uses A. Agricultural Buildings and Activities. 1. Agricultural activities that include raising livestock for purposes other than for personal use shall meet, at minimum, the requirements of KIBC , in addition to the requirements of this subsection. 2. Any building constructed for animal containment shall utilize waste management techniques to control and minimize odors and prevent groundwater and surface water contamination. Waste shall be removed and disposed of on a regular basis according to applicable state and federal requirements. 3. Activities shall be managed to minimize nuisances or impacts on surrounding properties, such as noise, odor, glare, or other impacts. B. Agricultural Buildings and Activities and Livestock Grazing in the Remote and Conservation Districts. 1. In the Conservation and Wildlife Habitat zoning districts, a land use permit for agricultural activities and buildings, including livestock grazing, may be granted only after the Kodiak Soil and Water Conservation District approves a written conservation plan for the land owner or lease holder. 2. Livestock grazing is a permitted use in areas historically established for livestock grazing, defined for the northeast portion of Kodiak Island by a line drawn east from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and also including Chirikof Island and Sitkinak Island. 3. Notwithstanding the above, livestock grazing may be allowed on other lands if allowed in the zoning district. 110

111 Livestock grazing on lands not publicly owned in the C or WH districts. As part of the conditional use application, in addition to the requirements of subsection (A) above, the applicant must specify effective measures to minimize the impacts from the proposed livestock grazing including: a. Undesirable competition with resident wildlife and forage; b. Disease transmission between livestock and wildlife; c. The need for predator control; d. Impaired movement of wildlife; and e. Impaired quality and quantity of water in lakes and streams Manufacturing and Storage Uses and Construction and Mineral Extraction Uses A. Specific Use Requirements. 1. Uses. In addition to the general requirements of KIBC , Manufacturing and Storage uses and Construction and Mineral Extraction Uses are subject to the requirements of this subsection: 2. For mineral extraction uses, the minimum side and rear setbacks shall be established by any required grading permit. 3. Minimum lot area shall be two acres. All uses shall be served by an existing public or private sanitary sewer and water system; however, where such a system is not available, the minimum site area shall increase to four acres, or the minimum acreage necessary to serve the use with an on-site wastewater system. 4. To mitigate potential noise or aesthetic impacts, if the use is adjacent to or within 300 feet of property in a Residential, Conservation, Settlement, or Village district, the commission may require additional screening and buffers beyond the requirements of KIBC (G). 5. When making a decision, the department or commission may require the applicant to submit a noise or traffic impact study. The borough may hire a professional, paid for by the applicant, to review any submittals or reports. B. Sand, Gravel, and Mineral Extraction Activities and Related Structures (Non-Recreational). 1. The applicant shall provide a phasing plan for mineral removal that identifies extraction areas on the plan and a schedule. No more than two of the identified extraction areas may be active at any time. The applicant may request opening a new extraction area when 75 percent of the extractable materials have been removed from an operating extraction area. 2. The plan shall identify truck haul routes to and from the site. Haul routes shall be via roads designed for heavy truck traffic and shall, to the greatest degree practicable, avoid impacts on existing and planned residential areas. 3. A reclamation plan that includes uses anticipated in the borough comprehensive plan and allowed under this title shall be provided for the entire site. As each extraction area closes it shall be reclaimed according to the approved reclamation plan. 4. All activities shall maintain a minimum 100 foot setback from a road right-of-way and 30 feet from a side or rear lot line. The commission may require greater setbacks when a use or activity is adjacent to residential properties. To the degree possible, all natural vegetation around the perimeter of the site shall be preserved, except for clearing necessary to accommodate the access drive to the extraction site and extraction activities. 5. The commission may impose additional conditions related to noise, dust, lighting, impacts on surface and ground water, and other factors related to potential impacts on surrounding properties. C. Mini-Storage. 1. A single storage building shall not exceed 7,500 square feet of ground floor area and no individual storage unit shall exceed 1,500 square feet. 111

112 All storage shall be within an enclosed building; however, outdoor storage of recreational vehicles, motor homes, boats, and travel trailers may be permitted. 3. The premises shall only be used for storage and shall not be used for an auction (except those authorized by the state or the borough of abandoned or garnished assets). There shall be no sales or transfer businesses or servicing, repair, or fabrication of any vehicle, boat, trailer, appliance, or similar item. The premises shall not be used for the operation of power tools, compressors, kilns, or similar equipment. 4. The storage of combustible or flammable liquids, combustible fibers, toxic materials, or explosive materials, as regulated by KIBC Title 15, Buildings and Construction, is prohibited Essential Services A. Communications Facilities/Wireless Communications. 1. Required Approvals. The placement of communication facilities shall meet the following approval requirements: a. Installation of a New Antenna. The installation of a new antenna(s) on an existing tower, including a legal non-conforming tower, or on an existing alternative structure (such as a water tower, building, or church steeple) may be approved by the community development department provided all the requirements of this section are met; however, such an installation on a borough-owned or other municipal-owned structure must first be approved by the borough assembly. A new antenna that adds either ten percent or 25 feet, whichever is less, to the highest point of an existing tower or alternative structure is subject to the provisions of this section for the installation of a new tower as described by KIBC (A) (3) through (7), below. b. Installation of a New Tower. The installation of a new tower(s) requires approval of a conditional use permit according to Chapter KIBC. c. Installation of a New Accessory Structure. The installation of a new accessory structure(s), such as an equipment building to support the installation of an additional antenna on an existing tower or alternative structure, may be approved by the community development department, provided that adequate space exists on the tower site. 2. Removal. A tower that is unused or abandoned for 12 consecutive months shall be removed by the property owner at his or her expense. 3. Interference with Public Safety Facilities. A new telecommunications facility shall not interfere with public safety telecommunications. 4. Required Documentation for all Facilities. In addition to the submittal requirements provided in Chapter KIBC for conditional uses or Chapter KIBC for an administrative land use permit, an application for a new tower, new antenna, and new related facilities shall include the following. Where an alternative structure is used, comparable information for that structure shall be provided. a. Engineer's Report. A report from a professional engineer licensed in the State of Alaska that: i. Describes the height and design of a new tower or antenna including a cross-section and elevation; ii. Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antennas it can accommodate; iii. Certifies that construction specifications comply with all applicable requirements of KIBC Title 15 Buildings and Construction; iv. Certifies the facility will not interfere with established public safety telecommunications; and v. Includes an engineer's seal and registration number. 112

113 b. Letter of Intent. A letter of intent committing the tower owner, property owner, antenna owner, and their successors to allow shared tower use for co-location purposes. c. Proof of Compliance. Copies of required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and all other appropriate state and federal agencies. d. Removal Affidavit. A letter committing all parties, including the property owner and his or her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned. The removal affidavit shall be recorded in the State of Alaska Recorder's Office, with a copy of the recorded affidavit provided to the community development department. Determination of New Tower Need. A new telecommunications tower may only be approved if the applicant has submitted verification from a professional engineer licensed in the State of Alaska that the antenna(s) planned for the proposed new tower cannot be accommodated on an existing or approved tower or other structure within a two mile radius of the proposed tower location due to one or more of the following: a. Inadequate Structural Capacity. The additional antenna(s) would exceed the structural capacity of the existing or approved tower or other structure. b. Interference. The antenna would cause interference, impacting the usability of other existing or planned equipment at the tower site. c. Inadequate Height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the necessary height. d. Land Availability. Additional land area is not available. Design Requirements for New Towers and Related Facilities. All telecommunications facilities shall meet the following design requirements: a. Lighting. Tower lighting shall only be provided as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting shall be full sharp cut-off fixtures (shielded down lights). b. Co-location. All telecommunication towers shall be designed and engineered in all respects to accommodate the applicant's equipment and at least one additional user for every 50 feet in total tower height in excess of 75 feet. i. Each additional user shall be assumed to have an antenna loading equal to that of the initial user. ii. Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights. c. Height. All towers and antenna shall conform with all FAA tall structure requirements. The maximum height of all accessory structures shall be 14 feet. d. Signs. Signs for all telecommunications facilities shall be permitted up to a total of 4 square feet per user, mounted on the associated equipment building. Signs required for technical and safety information shall be exempt from this requirement. Site Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following site requirements: a. Vehicular Access. Vehicle access drives may be gravel or paved and shall be located within an access easement of adequate width. b. Site Area. A tower shall be located on a lot (or lease area) that is sufficiently large to accommodate the use and all anticipated accessory structures for future antenna users. i. The arrangement of the tower and site topography shall be considered when determining if the site area is sufficient. 113

114 B. C. D. ii. The width and depth of the tower site shall be at least equal to 1/2 the tower height. iii. All tower support and stabilizing wires shall be located within the site area. c. Setbacks. The minimum required setbacks for the tower and related facilities shall be as follows: i. Side and Rear Setback: Minimum 50 feet from all property lines. ii. Front Setback: As specified for the zoning district in which the tower is located. No part of a wireless telecommunications facility, including a security fence, guide wires, or other bracing shall be permitted in a front setback. iii. Additional Setback: A tower and related facilities shall be setback a distance equal to the height of the tower (plus antennas) to any property in residential, mixed use, or settlement and village zoning districts, and no closer than one-half the height of the tower (plus antennas) to any property line in all other districts. d. Fencing. An eight foot high security fence shall completely surround the tower and accessory equipment building site. Sharpened or electrified fencing is not permitted within residential, mixed use, or settlement and village zoning districts. Garbage and Solid Waste Disposal Sites,, and Sanitary Landfills. 1. The site shall be fenced as determined by the commission to prevent the spread of litter and other material off-site and shall be screened according to KIBC (G), at minimum. Junkyards, Wrecking, Salvage, or Scrap Metal Operations. 1. Site Requirements: Minimum lot size - five acres. 2. Setbacks: a. Minimum Front Yard. 75 feet for all enclosed areas. b. Minimum setback.150 feet from an abutting property line in any zoning district other than Industrial. 3. Buffering Requirements. a. Where such a use abuts an Residential, Settlement, Conservation or Village district, a minimum 150 foot wide planted or fenced buffer shall be installed and maintained between the enclosed area and the adjoining district. b. A solid fence, wall, or planted berm up to ten feet tall shall surround the site to screen the use from adjacent properties. 4. Performance Standards. a. Adequate staging and parking facilities shall be provided so that vehicles do not stage on a public right-of-way awaiting entrance to the site. b. Open burning is not permitted. c. All internal roads, drives, parking lots, and loading and unloading areas shall be treated to limit wind-borne dust. d. Emergency contact information shall be posted on a sign visible at the main point of entry. Soil Remediation and Commercial Composting Facilities. 1. All loads and all stockpiles shall be covered or contained to prevent blowing or deposit of material on properties outside of the facility. 2. All such facilities shall demonstrate compliance with any applicable ADEC or EPA requirements. 3. There shall be no odor detectable beyond the site boundaries. 114

115 Wind Turbines, Utility Scale (For residential accessory wind turbines, see KIBC ) A. General Requirements. 1. Lights shall not be placed or directed onto a wind turbine, except as required by the Federal Aviation Administration. B. Siting Requirements. 1. The minimum setback distance from the closest property line is 1.2 times the height of the wind turbine. a. No portion of the wind turbine, including guy wires, may be located within the setback. b. All setbacks shall be measured from the exterior boundaries of the project area. 2. Wind turbine equipment shall not interfere with existing uses in the project area, including: a. Signal transmission or reception on fixed broadcast, microwave repeaters or antennae for radio, television, wireless phone or other communication systems. b. Safe navigation of air traffic as determined by the Federal Aviation Administration. c. Best management practices as specified in the US Fish and Wildlife Service s Land-Based Wind Energy Guidelines shall be employed to mitigate potential adverse impacts of the wind turbine on local avian populations. C. Zoning Compliance and Building Permit Requirements. 1. Evidence that the utility-scale wind farm installation complies with all applicable borough ordinances and state and federal siting requirements, including written permission from the land owner to construct wind turbines within the proposed project area. 2. Project area schematic drawing depicting: a. Location and height of all buildings, structures, towers, guy wires, or any other above ground structures associated with the wind farm installation. b. Proposed setback area for all structures associated with the wind farm project boundary. c. Locations and height of all adjacent buildings, structures, and above ground utilities located within the required setback area. d. Plan for year-round safe access to the project area for the installation, ongoing maintenance, and potential public use. e. Plan for decommissioning the wind farm to ensures the project area will be restored to a useful, non-hazardous condition after its use as a wind farm is finished. f. Certification of the proposed plans, specifications, and applicable compliance requirements by a registered Professional Engineer licensed in the State of Alaska. D. Utility Interconnection Requirements. 1. The owner and operator of the wind turbine must hold a certificate of public convenience and necessity under AS prior to interconnecting the turbine s wind energy to the local electric grid. 2. Independent power producers shall acquire the necessary approvals with the local electric utility prior to the interconnection prior to interconnecting the turbine s wind energy to the local electric grid. E. Decommissioning Requirements. 1. The wind farm is considered abandoned if no turbine has produced electricity for 12 consecutive months. 115

116 Upon the date of decommissioning or abandonment, all structures associated with the wind farm shall be removed and removal shall commence within 6 months. 3. The project area shall be restored to a useful, non-hazardous condition as specified in the Decommissioning Plan submitted as part of the Borough Zoning Compliance Building Permit Application

117 Chapter PARKING AND LOADING Sections: Off-Street Parking Required In General Exempt Areas Required Parking Spaces Alternatives to Minimum Parking Space Requirements Location of Off-Street Parking Parking Area Development Requirements Loading Requirements Parking and Vehicle Storage in Residential Districts Off-Street Parking Required In General A. A building or land use shall not be erected, constructed, established, altered, or enlarged unless the off-street parking serving it conforms to this chapter. Required off-street parking shall be maintained in accordance with this chapter continuously during the life of the building or use. B. Parking Space Dimensions. The minimum size for standard parking spaces is nine feet in width and nineteen feet in depth. The minimum size for compact car spaces is nine feet by Exempt Areas Option 1 Existing Exemption A. City of Kodiak Core Area. The area generally considered to be Downtown Kodiak, bounded by Rezanof Drive West, Center Avenue, Marine Way East, and Marine Way West and defined as Blocks 4 through 13 of New Kodiak Subdivision, are exempt from the minimum parking space requirements of this chapter. This exemption does not apply where the principal use of the property is multiplefamily residential. Option 2 City of Kodiak Downtown Core A. The area defined as the downtown core which is exempt from the minimum parking space requirements of this chapter shall be Blocks 4 through 13, New Kodiak Subdivision (aka the UR-19 district) and any property zoned DB (Downtown Business) that is within 600 feet of Blocks 4 through 13, New Kodiak Subdivision, subject to the following requirements: 1. New development, redevelopment, or any change of use or occupancy within this exempt area shall not cause any existing off-street parking or loading spaces to be removed. Option 3- Entire DB Zoning District A. The area defined as the downtown core which is exempt from the minimum parking space requirements of this chapter shall include any property zoned DB (Downtown Business), subject to the following requirements: 1. New development, redevelopment, or any change of use or occupancy within this exempt area shall not cause any existing off-street parking or loading spaces to be removed. Option 4 Hybrid A. The area exempt from the minimum parking space requirements of this chapter shall include: 1. Blocks 4 through 13 of New Kodiak Subdivision; 2. Any property zoned DB that is within 600 feet of Blocks 4 through 13, New Kodiak Subdivision; B. Areas with Reduced Parking Requirements. 1. The remaining area of downtown Kodiak that is zoned DB, shall have an exemption of 50% of the requirements for off-street parking. 117

118 The traditional industrial waterfront of Kodiak (from Gibson Cove to Pearson Cove) and seaward of West Rezanof Drive, Shelikof Street, or Marine Way) that is zoned I-Industrial, shall have an exemption of 50% of the requirements for off-street parking. C. Retention of Existing Parking. New development, redevelopment, or any change of use or occupancy within the exempt areas identified is subsections (A) or (B) of this section shall not cause any existing off-street parking or loading spaces to be removed. Such spaces may be relocated on a site or provided off-site pursuant to KIBC or D. Village and Conservation Zoning Districts. The requirements of this chapter do not apply to use in the Village and Conservation zoning districts, except as follows: 1. Applications for the following conditional uses must demonstrate how motor vehicles and other means of transport used in the operation of the use will be accommodated: a. Lodges. b. Logging camps and timber harvesting support facilities. c. Seafood processing facilities and related structures. d. Sand, gravel, and mineral extraction activities and related structures (non-recreational) Required Parking Spaces A. Uses Not Specified. A use not listed in this section shall employ the off-street parking requirements for a listed use with similar parking demand characteristics, as determined by the community development department. B. Determination of Required Parking. 1. When calculating parking spaces, a fractional result of 0.5 spaces or greater shall be rounded up to the next whole number. 2. Unless otherwise specified, parking requirements are based on the gross floor area of a building. 3. Parking requirements that are based on the number of persons present or allowed in a building shall be calculated for the period when attendance is highest or the building capacity based on applicable requirements of KIBC Title 15, Buildings and Construction. 4. When parking requirements are based on seating, seating capacity shall be determined in accordance with Building Code requirements for computing occupancy. C. Exceptions to Parking Space Requirements. 1. Akhiok and Karluk. The minimum requirements for off-street parking and loading spaces in this chapter do not apply within the boundaries of the city of Akhiok or upon the road system serving the village of Karluk, unless otherwise required as a condition of a special use or conditional use. 2. Larsen Bay and Ouzinkie. The minimum off-street parking and loading space requirements shall be computed at 50 percent of the total required for developments on contiguous road systems, unless otherwise required as a condition of a special use or conditional use. Public facilities shall provide at least three off-street parking spaces. Residential land uses shall provide at least one off-street parking space per dwelling unit. 3. Old Harbor and Port Lions. The minimum off-street parking and loading space requirements shall be computed at 50 percent of the total required for developments on contiguous road systems, unless otherwise required as a condition of a special use or conditional use. Public facilities shall provide at least three off-street parking spaces. Residential land uses shall provide at least one off-street parking space per dwelling unit. D. Minimum Number Required. Except as exempted above, minimum parking space requirements be provided for each use, as required in Table

119 Alternatives to Minimum Parking Space Requirements A. Shared Parking. Two or more buildings or uses may collectively provide the required minimum offstreet parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the individual uses computed separately. However, a reduced number of spaces for shared use may be approved, subject to the following: 1. A finding is made that there will be a lower demand for parking due to a high proportion of multipurpose visits or the uses in question have peak parking demands during differing times of the day or days of the week. The applicant shall provide documentation to show that the proposed parking for the multiple uses will be adequate. This documentation shall account for all of the potential uses allowed in the zoning district on the properties to be served by the shared parking. 2. If shared parking is approved for uses on multiple properties under separate ownership, shared parking agreements shall be filed with the community development department and recorded against the title for all properties that are referenced in the shared parking agreement(s). A shared parking agreement shall only be in force so long as the parking demands of any use that utilizes the shared parking lot does not increase beyond those in existence at the time the agreement was recorded. B. Compact Parking Spaces. For parking areas containing 20 or more spaces, up to 20% of the required number of spaces may be compact car spaces. Aisle widths adjacent to compact spaces shall be standard width. All compact car spaces shall be marked with a sign Location of Off-Street Parking A. All parking spaces required by this chapter shall be on the same lot as or any contiguous lot in common ownership as the principal building or use that they serve. If it is determined that it is impractical to locate the spaces on such a lot, the required parking may be located on any lot within 600 feet of the principal building or use. The lot must be in common ownership or an easement, license, or permit for use of the alternative parking shall be secured and the agreement shall be recorded against the tile for all properties involved. Any such parking shall not be located on the opposite site of an arterial roadway from the use it serves. B. All required parking shall be in the same zoning district as the use that it serves. However, required parking for a commercial or industrial uses may be located in either zone as long as the above requirements in (A) have been met Parking Area Development Requirements A. Exceptions. The requirements of this section shall apply to all developments, except as follows: 1. Akhiok and Karluk. The requirements of this section do not apply to lands abutting the contiguous road system serving the city of Akhiok or the village of Karluk, unless otherwise required as a condition of a special use or conditional use. 2. Larson Bay and Ouzinkie. For single- and two-family dwellings, the requirements of this section shall apply. For multi-family dwellings and non-residential uses that abut the contiguous road system, an area equivalent to the minimum necessary to provide the required parking spaces and access drives shall be provided; otherwise, the requirements of this section related to multi-family dwellings and non-residential uses shall not apply unless otherwise required as a condition of a special use or conditional use. 3. Old Harbor and Port Lions. For single- and two-family dwellings, the requirements of this section shall apply. For multi-family dwellings and non-residential uses that abut the contiguous road system, only subsections C, E.3, E.4, E.6, and F of this section shall apply, unless otherwise required as a condition of a special use or conditional use. B. Tandem or Stacked Parking Spaces. 1. Tandem parking spaces are only permitted for single or two-family dwellings. For nonresidential uses, tandem parking is only permitted in cases where vehicles or equipment are being stored, awaiting parts, or are available for sale or rent. 119

120 C. D. E. F. 2. The depth of tandem parking spaces shall not exceed two parking spaces. 3. Parking spaces used by patrons or customers shall not be designed as tandem parking spaces. 4. Nonresidential land uses permitted to utilize tandem spaces are limited to those customarily parking in that manner, as determined by the community development department. Access. Each off-street parking space shall be accessed by a driveway meeting the standards of Chapter KIBC. Single-family and two-family dwellings. 1. A residential parking space shall be at least nine feet wide and nineteen feet long. 2. A driveway shall not be wider than twenty feet, measured at the right-of-way line for paved roads with curbs and gutters. 3. Up to two driveways are permitted for each property, but if they are on the same street they must be at least thirty-five feet apart, as measured at the right-of-way line. 4. If more than four dwelling units are accessed by a common driveway, the driveway shall also meet the access requirements for a fire apparatus in Chapter KIBC. 5. Parking areas shall be surfaced and drained to minimize mud, standing water, and dust. 6. Parking areas shall be surfaced and drained to minimize mud, standing water, and dust. 7. Tandem parking spaces and garage parking can be used to satisfy off-street parking requirements for single and two-family dwellings. Multi-family Dwellings and Non-Residential Uses. 1. Parking lot lighting shall conform to KIBC Surfacing and Drainage. Parking areas shall be surfaced and drained to minimize mud, standing water, and dust. Pervious paving is encouraged. 3. Driveway-Intersection Clearance. The intersection of public street with a driveway that serves a multi-family dwelling or a non-residential use shall meet the spacing requirements of the State of Alaska or the city or road service district with jurisdiction. 4. Driveways and Separation. a. Minimum driveway and aisle widths shall be twelve feet for one-way traffic and twenty-two feet for two-way traffic. Maximum driveway width shall be thirty-two feet. b. The minimum separation between two adjacent driveways on the same parcel or driveways on adjoining parcels shall meet the spacing requirements of the State of Alaska or the city or service district with jurisdiction., 5. Maneuvering. All necessary maneuvering areas shall be provided on-site without utilizing the road right-of-way. 6. Parking Space and Aisle Dimensions. Parking spaces and aisle widths shall conform to the minimum dimensions set forth in Table Setbacks. A parking lot may be located within a required yard setback, but not be less than five feet from a property line. 8. Striping, Signs, and Directional Markings. A paved parking lot shall be striped to delineate parking spaces driveways and drive aisles, including signs and directional markings where needed. Lots that are not required to be paved shall delineate parking spaces through other methods, such as wheel stops, signs, or similar methods. Handicapped Accessible Parking. All land uses requiring off-street parking spaces under this title shall also provide off-street handicap parking spaces in accordance with the following requirements: 120

121 The number of handicapped parking spaces shall be included in the total required number of parking spaces in accordance with Table All handicapped-accessible parking spaces shall be at least 8 feet wide. The surface of accessible spaces and access aisles must be smooth, stable, and virtually level in all directions to ensure safe use for people with disabilities, including those who must load, unload, and use wheeled mobility devices. All required handicapped accessible parking spaces shall be designated by a sign showing the international accessibility symbol. The bottom of the sign shall be at least 5 above the surface of the parking space. Handicapped-accessible parking spaces must be located on the shorest accessible route of travel from the parking to an accessible building entrance.. For a parking lot that does not serve a particular building, the accessible parking shall be located as close as possible to the accessible pedestrian entrance of the parking facility. For buildings with multiple accessible entrances, accessible parking spaces shall be dispersed and located as close as possible to accessible entrances. At least one accessible route, not less than 36 inches wide, shall be provided to connect handicapped-accessible parking spaces and public streets or sidewalks with an accessible building entrance. Parking spaces and access aisles shall not exceed a two percent slope in all directions (e.g., one foot vertical over fifty feet horizontal). At least one in every six accessible parking spaces shall be designated van accessible. These shall be at least 8 feet wide if the adjoining access aisle is 8 wide. Van accessible spaces shall be 11 feet wide when the adjoining access aisle is 5 in width. All van accessible spaces, their associated access aisles, and the vertical routes serving them shall have at least a 98 inch vertical clearance. Two accessible parking spaces may share one access aisle. All accessible spaces will be served by an access aisle no less than 5, except when an 8 access aisle is required by the section Voluntary provision of more than the minimum number of required off-street parking does not require provision of additional handicapped parking spaces Loading A. Applicability. Off-street loading spaces shall be provided from the time a nonresidential building is erected, constructed, established, altered, or enlarged for the following uses: 1. All uses in the Commercial and Industrial zoning districts; however, expansion of an existing waterfront industrial use shall be exempt from this requirement if the addition is less than 10,000 square feet in gross floor area. 2. One loading space per 10,000 square feet of gross floor area for new permitted or conditional commercial or industrial uses over 10,000 square feet in any other district. This requirement may be waived for uses that have no truck access. B. A loading space shall be 10 feet by 30 feet in area and have a vertical clearance of 14 feet six inches. C. Each loading space shall be signed. D. A loading space may be counted as one of the required off-street parking spaces. 121

122 Parking and Vehicle Storage in Residential Districts A. B. C. D. One required parking space in the Residential, Mixed Use, Village, and Remote and Conservation districts may be used for storage of any vehicle, except as required in this section. In Residential districts, inoperable vehicles may only be stored indoors or within a side or rear yard. A vehicle stored outdoors shall be secured against harboring vermin or other pests. Junk or abandoned vehicles shall be subject to the requirements of Chapter KIBC. Recreational vehicles and trailers may be stored on the lot, provided they are in good repair or in the process of being repaired. Commercial vehicles owned or used by a resident of the lot may be parked on the lot, provided that the vehicle does not exceed 10,000 pounds gross vehicle weight rating. Commercial vehicles used in home occupations and home based businesses are subject to the requirements of KIBC and and any conditions imposed at the time of approval. Kodiak Island Borough Table Required Parking Spaces by Use Permitted Uses Required Off-Street Parking Spaces Residential Uses Single-family dwellings 3 per dwelling unit, not counting the garage Two-family dwellings 3 per dwelling unit, not counting the garage Mobile home park 2 per dwelling unit, plus 1 per each 8 units for guest parking Multi-family dwellings (12 units or less) 2 per dwelling unit Multi-family dwellings (12 units or more) 2 per dwelling unit plus 1 space for each 6 units for guest parking Institutional and Assembly Uses (minimum for all uses is 5 spaces) Animal hospitals and boarding kennels 1 space per 300 sq. ft. of GFA for clinic and waiting areas, plus 1 space per each 10 animals accommodated Child care centers 1 space per per employee, plus adequate drop-off area 1 space per each 250 sq. ft. of GFA, or 1 space per every four persons Community buildings, libraries and similar public of capacity authorized by Title 15, Buildings and Construction, whichever buildings is greater, plus 1.0 space per employee General hospitals 1 per 2 beds, plus requirements for medical and administrative offices Funeral homes 1 space per 50 sq. ft. of GFA of service parlors, chapels and reception area, plus 1 space per each funeral vehicle stored on the premises Places of worship, dance halls, community buildings, fraternal organizations, auditoriums, theaters, banquet facilities, and other places of assembly Schools, elementary and middle Schools, high school Senior housing: Intermediate care facilities, nursing homes, etc. Senior housing: independent living and assisted living Lodging Uses Bed and breakfasts (minimum 4 spaces) Boardinghouses and worker housing Hotels (excluding restaurants, lounges, and banquet facilities) Lodges 1 per 4 seats, based on maximum the seating capacity in the principal place of assembly 1 per 5 seats in the main auditorium or assembly room 1 per 4 seats in the main auditorium or assembly room, or 3 per every classroom plus 1 for each staff member or employee, whichever is greater 1 per 3 patient beds based on maximum capacity 1.25 per dwelling unit plus one per employee In addition to the off-street parking requirements for a single-family dwelling (3 spaces), up to 2 guest rooms must provide 1 additional parking space 1 space per each 3 beds 1 per each guest room and 1 per dwelling unit for a resident manager and family Lodges on the road system: 1 space per guest room, plus 2 spaces to serve the resident manager. 1 space per each 5 recreational vehicle spaces Recreational vehicle parks Retail, Service, Entertainment and Office Uses (minimum for all uses is 3 spaces) Auto, boat, and recreational vehicle dealerships 1 per 3,000 square feet of gross lot area, but not less than 5 spaces Automobile, truck, boat and other motorized 4 spaces per stall or service bay. Accessory retail sales and vehicle vehicle storage and repair; fuel sales & gas wash facilities shall meet the requirements for those uses. stations Banks Bowling alleys 1 per 300 square feet of gross floor area 4 for each alley or lane 122

123 Kodiak Island Borough Table Required Parking Spaces by Use Permitted Uses Required Off-Street Parking Spaces Business services 1 space per 300 sq. ft. of GFA Commercial guiding or outfitting, recreational mining, and fishing charter services When these uses are on the road system: 1 space per 400 sq. ft. of GFA, plus requirements for any retail uses. Food markets, grocery stores or shopping centers 1 per 250 square feet of gross floor area Furniture and appliance stores 1 per 400 square feet of gross floor area Laundromats 1 per 2 washing machines Lumber yards, building supply, landscape supply, and similar retail stores 1 per 400 square feet of office and showroom sales area Medical and dental offices and clinics 1 per 200 square feet of gross floor area Museums, art galleries 1 space per 300 sq. ft. of GFA Offices (not including medical and dental);total area of the structure is 2,000 square feet or less 1 per 200 square feet of gross floor area, except identified file and supply storage space at 1 per 1,000 square feet of gross floor area 1 per 200 square feet of gross floor area for the first 2,000 square feet of Offices(not including medical and dental); total the structure and 1 per 300 square feet of gross floor area for square area of the structure is more than 2,000 square footage in excess of 2,000 square feet, except identified file and supply feet storage space at 1 per 1,000 square feet of gross floor area Personal services (barber and beauty shops, tailors, shoe repair, etc.) 1 space per 175 sq. ft. of GFA or 2.5 spaces per each barber or beautician's chair/station, whichever is greater Indoor uses: 1 space per 1,000 sq. ft. of GFA, plus required spaces for Recreation facilities, gyms, and athletic clubs restaurants, banquet rooms, offices, sales area, and other uses Outdoor uses: 30 spaces per playing field, or 2 spaces per golf course hole Restaurants, coffee shops, and bars 1 per 3 seats, based on maximum seating capacity in the principal place of assembly 1 per 200 square feet of gross floor area, except identified retail Retail sales establishments (total area of structure inventory and supply storage space at 1 per 1,000 square feet of gross is 3,000 square feet or less) floor area 1 per 250 square feet of gross floor area for the first 3,000 square feet of Retail sales establishments (total area of structure is more than 3,000 square feet) the structure and 1 per 300 square feet of gross floor area for square footage in excess of 3,000 square feet, except identified retail inventory and supply storage space at 1 per 1,000 square feet of gross floor area 1 exterior space per wash bay, plus 2 stacking spaces per bay for freestanding Vehicle wash facilities washes or 3 stacking spaces per bay when accessory to a gas station Industrial, Transportation and Storage Uses Aircraft hangars (used for any purpose) 1 per aircraft storage space Airports (private) 1 per aircraft based at the facility plus 1 space for each repair or service hanger, plus requirements for offices Coastal docking facilities 1 per each 2.5 moorage berths Industrial or manufacturing establishments and seafood processing plants 1 per 700 square feet of gross floor area Marinas 1.5 spaces per boat berth, plus required spaces for winter boat storage and other related uses Mini-warehouses 1 per 200 square feet of office area but not less than 3 spaces Motor freight terminals, air cargo transfer, warehouses 1 per 1,000 square feet of gross floor area Table Required Number of Accessible Spaces

124 Kodiak Island Borough Table Parking Space and Aisle Dimensions (see Figure ) 4572 Parking Angle Stall/Space Width Stall Depth Aisle Width A B C D (1) Parallel 9 feet 19feet 12 feet 20 Degree 9 feet 19 feet 12 feet 30 Degree 9 feet 19 feet 12 feet 45 Degree 9 feet 19 feet 14 feet 60 Degree 9 feet 19 feet 18 feet 70 Degree 9 feet 19 feet 18 feet 80 Degree 9 feet 19 feet 24 feet 90 Degree 9 feet 19 feet 24 feet 4573 Figure : Parking Lot Dimensions 124