Chapter 17.25
DEFINITIONS
Sections:
17.25.010 General interpretation.
17.25.020 A definitions.
17.25.030 B definitions.
17.25.040 C definitions.
17.25.050 D definitions.
17.25.070 F definitions.
17.25.080 G definitions.
17.25.090 H definitions.
17.25.100 I definitions.
17.25.110 J definitions.
17.25.130 L definitions.
17.25.140 M definitions.
17.25.150 N definitions.
17.25.160 O definitions.
17.25.170 P definitions.
17.25.190 R definitions.
17.25.200 S definitions.
17.25.210 T definitions.
17.25.220 U definitions.
17.25.230 V definitions.
17.25.260 Y definitions.
17.25.010 General interpretation.
A. “Lot” includes the words “plot” and “parcel.”
B. “Shall” is always mandatory.
C. “Used” or “occupied,” as applied to any land or building, includes the words “intended, arranged, or designed to be used or occupied.” [Prior code Ch. 5 subch. 2 §9A. Formerly §17.06.010].
17.25.020 A definitions.
“Agricultural activities” means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to people.
“Airport elevation” means the established elevation of the highest point of the usable landing area.
Airport, Municipal. “Municipal airport” means the City of Kodiak Municipal Airport and Lilly Lake.
Airport, Utility. “Utility airport” means any airport in the borough designed and/or constructed to serve aircraft in approach category A (speed less than 91 knots).
“Alley” means a public way designed and intended to provide only a secondary means of access to any property abutting thereon.
“Alteration” means any change, addition, or modification in the construction, location, or use classification.
Apartment House. For “apartment house,” see “Dwelling, multiple-family,” KIBC 17.25.050.
“Approach surface” means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces.
A. 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.
“Automobile wrecking” means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. [Ord. 93-66 §3, 1993; Ord. 87-09-O §§3, 5, 6, 1987; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.011 – 17.06.050].
17.25.030 B definitions.
“Bed and breakfast (B&B)” means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B&B must reside on the premises and the maximum number of rooms that can be rented out is five. In addition to the off-street parking requirements of KIBC 17.175.040 for a single-family dwelling, a B&B with up to two guest rooms must provide one additional parking space; a B&B with three to four guest rooms must provide two additional parking spaces; and a B&B with five guest rooms must provide three additional parking spaces.
“Boardinghouse” means a building other than a hotel 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.
“Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
Building, Accessory. “Accessory building” means:
A. A detached building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building, located on the same lot as the main building which is not designed or intended to be used for living or sleeping purposes.
B. An accessory building shall be considered to be a part of a main building when joined to the main building by a common wall not less than four feet long or by a roofed passageway which shall not be less than eight feet in width.
C. Any structure, regardless of type of foundation or base support, including skid-mounted or other movable structure that also requires a building permit for construction (for example, structures where the projected roof area exceeds 120 square feet). A minor structural development that does not require a building permit is not regulated by this chapter.
Building, Agricultural. “Agricultural building” means a building or structure used to shelter agricultural equipment, fishing equipment, hay, grain, poultry, livestock, or other agricultural products and in which there is no human habitation.
“Building area” means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps.
“Building code” means the building code and/or other building regulations applicable in the borough and city.
Building, Existing. “Existing building” means a building erected prior to the adoption of prior code chapter 5, subchapter 2, or one of which a legal building permit has been issued.
Building Height. Repealed by Ord. 97-05.
Building, Noncomforming. “Nonconforming building” means any building, structure, or any portion thereof, lawfully existing at the time the provisions codified in this title became effective, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the zone in which it is located, or a building or structure that does not conform to all the height and area regulations of the zone in which it is located.
“Building official” means the officer charged with the administration and enforcement of this title.
Building, Principal or Main. “Principal or main building” means a building in which is conducted the principal or main use of the lot on which said building is situated. [Ord. FY2007-08-O §3, 2006; Ord. 93-66 §3, 1993; Ord. 90-31 §3, 1990; Ord. 82-14-O(A) §§1, 4, 1982; Ord. 81-12-O §1, 1981; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.055 – 17.06.160].
17.25.040 C definitions.
“Clear zone” means that area within 50 feet from and on the outside of both edges of the municipal airport gravel 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.
“Commercial fishing” means fishing activities involving the harvest and sale of seafood products carried out for a profit.
“Commercial livestock grazing” means rearing and grazing of livestock (horses, cattle, buffalo, elk, reindeer, llamas) for slaughter and commercial sale of meat, for hunting, or for rent for recreational uses, when these activities are carried out for profit.
“Conditional use permit” means a method of allowing for flexibility within the zoning regulations by permitting certain specified uses in zoning districts after additional controls and safeguards are applied by the commission to ensure their compatibility with permitted principal uses.
“Coverage” means that percentage of the total lot area covered by the building area. [Ord. 2001-05 §2, 2001; Ord. 93-66 §3, 1993; Ord. 87-09-O §7, 1987; Ord. 81-31-O §1, 1981; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.162 – 17.06.170].
17.25.050 D definitions.
“Dwelling” means a building, or any portion thereof, designed or used exclusively for residential occupancy including one-family, two-family, and multiple-family dwellings, but not including any other building wherein human beings may be housed.
Dwelling, Multiple-Family. “Multiple-family dwelling” means any building containing three or more dwelling units.
Dwelling, One-Family. “One-family dwelling” means any detached building containing only one dwelling unit.
Dwelling, Two-Family. “Two-family dwelling” means any building containing only two dwelling units.
“Dwelling unit” means one or more rooms and a single kitchen in a dwelling 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. [Prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.180 – 17.06.220].
17.25.070 F definitions.
“Family” means any number of individuals related by blood or marriage or an unrelated group of not more than five persons living together as a single housekeeping unit in a dwelling unit.
“Fence height” means the vertical distance between the ground, either natural or filled, directly under the fence and the highest point of the fence.
“Floor area” means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts.
“Foster home” means a residence licensed by the state of Alaska where a home for one or more children may be provided. The only difference between a foster home family and a family as defined in this section is that there may be more than five persons residing within a dwelling unit not related by blood or marriage. A foster home may only be permitted in any residential zoning district after first obtaining written authorization from the commission.
“Frontage” means all the property fronting on one side of a street between intersection streets or between a street and right-of-way, end of street, or district boundary. [Ord. 78-16-O §1, 1978; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.230 – 17.06.260].
17.25.080 G definitions.
Garage, Private. “Private garage” means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles.
Garage, Public. “Public garage” means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other vehicles.
Garage, Storage. “Storage garage” means any building or portion thereof, other than a private garage, used for the storage of motor vehicles and the incidental service of vehicles stored therein.
Grade, Ground Level. Repealed by Ord. 97-05.
“Guest room” means any room in a hotel, dormitory, boardinghouse, bed and breakfast, or lodging house used and maintained to provide sleeping accommodations for not more than two persons. Each 100 square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. [Ord. FY2007-08-O §3, 2006; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.270 – 17.06.310].
17.25.090 H definitions.
“Home occupation” means a business, profession, occupation, or trade located entirely within a residential building, or an accessory structure which use is accessory, incidental and secondary to the use of the residential building for dwelling purposes and does not change the essential residential character or appearance of such building or neighborhood. A home occupation may be conducted in a dwelling unit provided that:
A. Only one nonresident, at a time, and the resident(s) of a dwelling unit may be engaged in the home occupation on the premises.
B. If a nonresident is engaged in the home occupation on the premises, an additional off-street parking space shall be provided.
C. The home occupation shall occupy no more than 25 percent of the dwelling’s floor area including storage of wholesale or retail stock-in-trade (excluding the basement and garage from this calculation).
D. There shall be no change in the outside of the building or premises nor shall there be other visible evidence of the conduct of such home occupation on the property other than one sign not exceeding six square feet in area and nonilluminated.
E. Vehicles making deliveries shall not be parked on the site for a period exceeding two hours and only between the hours of 8 a.m. and 8 p.m.
F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes a fluctuation in line voltage off the premises. No equipment, process or product shall be allowed in such home occupation which presents a clear safety hazard (e.g., fire, health) to the structure or the neighborhood.
“Hoop house” means a structure with sides and roof covered with flexible plastic material, used to provide plants with frost protection or increased heat. A hoop house must meet the following criteria:
A. There is no permanent anchoring system or foundation;
B. There is no storage, temporary or otherwise, of solvents, gases, or other chemicals or flammable materials;
C. The structure is no wider than 31 feet and no greater length than 150 feet;
D. The covering of the structure is of a flexible polyethylene material no greater than 10 mils in thickness;
E. The support structure of the hoop house is made of non-combustible materials, e.g., metal, and hoop house must be purchased as a kit per the USDA high tunnel program. Installation is per manufacturer’s recommendations;
F. The structure is not utilized for retail sales; and
G. The structure is located no closer than two feet from all property lines.
“Hotel” means any building or group of buildings in which there are six or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, on a day-to-day basis. [Ord. FY2012-10 §3, 2012; Ord. 90-32 §3, 1990; Ord. 86-27-O §2, 1986; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.320, 17.06.330].
17.25.100 I definitions.
“Industry” means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. [Ord. 81-40-O §1, 1981. Formerly §17.06.335].
17.25.110 J definitions.
“Junk yard” means any space 100 square feet or more of any lot or parcel of land used for the storage, keeping or abandonment of junk or waste material including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery or any parts thereof. [Prior code Ch. 5 subch. 2 §9B. Formerly §17.06.340].
17.25.130 L definitions.
“Loading space” means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
“Lodge” means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography and viewing, and passive recreational activities.
“Lot” means a parcel of land occupied or to be occupied by a use, building or unit group of buildings, and accessory buildings and uses, together with such yards, open spaces, lot widths, and lot area as are required by this title and having frontage on a public street.
Lot, Corner. “Corner lot” means a lot situated at the junction of, and bordering on, two intersecting streets.
“Lot depth” means the mean horizontal distance separating the side lot lines of a lot and at right angles to its width.
Lot Line, Front – Corner Lot. A “front lot line” of a corner lot means the shortest street line of a corner lot.
Lot Line, Front – Interior Lot. A “front lot line” of an interior lot means a line separating the lot from the street.
Lot Line, Rear. “Rear lot line” means a line that is opposite and most distant from the front lot line, and in the case of an irregular, triangular or gore-shaped lot, a line not less than 10 feet in length, within a lot, parallel to and at the maximum distance from the front lot line.
Lot Line, Side. “Side lot line” means any lot boundary line not a front lot line or a rear lot line.
[Ord. 93-66 §3, 1993; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.350 – 17.06.420].
17.25.140 M definitions.
“Motel” means a group of one or more detached or semidetached buildings containing two or more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. [Prior code Ch. 5 subch. 2 §9B. Formerly §17.06.430].
17.25.150 N definitions.
Nursery, Children’s. “Children’s nursery” means any home or institution used and maintained to provide day care for more than four children not more than seven years of age. [Prior code Ch. 5 subch. 2 §9B. Formerly §17.06.440].
17.25.160 O definitions.
“Outdoor storage” means the use of land for the storage of items in the open, not within a structure. [Ord. 81-40-O §1, 1981. Formerly §17.06.445].
17.25.170 P definitions.
“Parking zone” means a strip of land 25 feet in width immediately adjacent to the clear zone along the municipal airport and on that side of the clear zone which is farthest from the gravel runway. No structure may be constructed, erected, or placed within the parking zone except motor vehicles and aircraft. Motor vehicles used for storage or living or sleeping accommodations are not permitted within parking zones. “Parking zone” also means a water area 30 feet in width on Lilly Lake, measured out from the existing shoreline of the lake, within which seaplanes may be parked or stored.
“Person” means a natural person, his heirs, executors, administrators, or assigns, and also includes firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
“Premises” means a lot, together with all buildings and structures thereon. [Ord. FY2007-08-O §3, 2006; Ord. 87-09-O §8, 1987; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.450 – 17.06.454].
17.25.190 R definitions.
“Recreational cabin” means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with remote areas.
“Recreational mining activities” means the use of handheld equipment such as gold pans, picks, shovels, etc.; the use of a sluice box with maximum dimensions of 12 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 other mining activities that do not meet these performance standards are considered “nonrecreational mineral extraction” or “resource extraction” activities.
“Recreational vehicle” means a vehicular-type unit primarily designed as living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and does not exceed eight feet in width or 35 feet in length. Examples of recreational vehicles are travel trailers, camping trailers, truck campers, and motor homes.
“Recreational vehicle park” means a tract of land upon which two or more recreational vehicle spaces are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for 20 percent of the park’s occupants and permanent living quarters for 80 percent of the park’s occupants.
“Recreational vehicle space” means 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 or permanent basis.
“Runway” means a defined rectangular area on a utility airport prepared for the landing or takeoff of airplanes.
“Runway clear zone” means 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). Runway clear zones apply only to utility airports.
Runway, Municipal. “Municipal runway” means the 80-foot by 2,700-foot gravel runway which has a bearing of South 47 degrees 9 minutes 49 seconds west as shown on the Kodiak Municipal Airport “as-built” survey dated November 4, 1983, and the 80-foot-by-3,478.01-foot water and land area, the centerline of which has a bearing of North 49 degrees 31 minutes 28 seconds east as shown on the Kodiak Municipal Airport “as-built” dated November 4, 1983. [Ord. FY2007-08-O §3, 2006; Ord. 93-66 §3, 1993; Ord. 87-09-O §§9 – 11, 1987; Ord. 83-56-O(A) §§5 – 7, 1983; Ord. 82-34-O §§1 – 3, 1982. Formerly §§17.06.455 – 17.06.476].
17.25.200 S definitions.
“Seafood processing” means engaging in processing fisheries resources for sale by freezing, cooking, salting, or other method, and includes, but is not limited to, canneries, cold storages, freezer ships, and processing plants (AS 43.75.290(4)).
“Service station” means 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 such lubricants, tires, batteries, and other small accessories, and such other services which do not customarily or usually require the service of a qualified automotive mechanic. When the retail sale and dispensing of motor fuels, lubricants, and accessories is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
“Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from any public street or highway and used to attract attention.
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., multiple-family dwelling) composed of 11 or more studio apartments or rooming units that are available for rent for periods of seven days or more.
“State highway” means a right-of-way classified by the state of Alaska as a primary, secondary A, or secondary B highway.
“Street” means 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 thereon.
“Street line” means the line of demarcation between a street and the lot of land abutting thereon.
“Structure” means that which is built or constructed, 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. [Ord. 96-01 §3, 1996; Ord. 93-66 §3, 1993; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.479 – 17.06.530].
17.25.210 T definitions.
“Trailer” means any vehicle used or intended to be used as living or sleeping quarters for humans and which may be driven, towed, or propelled from one location to another without change in structure or design whether or not the same is supported by wheels and including trailers, trailer coaches, and house cars.
“Trailer camp, park, or lot” means any area or premises where space for two or more trailers is rented, held out for rent, or for which free occupancy or camping for such number is permitted to trailers or users for the purpose of securing their trade, herein referred to as a “trailer camp” but not including automobile or trailer sales lots on which unoccupied house trailers are parked for inspection and sales. [Prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.540, 17.06.550].
17.25.220 U definitions.
“Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.
Use, Accessory. “Accessory use” means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. [Prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.560, 17.06.570].
17.25.230 V definitions.
“Vacation home” means a one-family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length.
“Vehicle impound lot” means a secured, screened lot provided for the collection and storage of vehicles for a period not to exceed six months which have been impounded and 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. [Ord. FY2007-08-O §3, 2006; Ord. 81-40-O §1, 1981. Formerly §§17.06.572, 17.06.575].
17.25.260 Y definitions.
“Yard” means 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.
Yard, Front. “Front yard” means a yard extending across the full width of a lot measured between the front lot line of the lot or a future street width line and the nearest exterior wall of the building, the front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line.
Yard, Rear. “Rear yard” means 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.
Yard, Side. “Side yard” means 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. [Prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.580 – 17.06.610].