Chapter 17.50
C – CONSERVATION DISTRICT
Sections:
17.50.010 Description and intent.
17.50.020 Permitted principal uses and structures.
17.50.030 Permitted accessory uses and structures.
17.50.040 Conditional uses.
17.50.050 Area requirements.
17.50.060 Maximum lot coverage for structures.
17.50.070 Building height limit.
17.50.080 Setbacks from property lines.
17.50.090 Special district regulations.
17.50.100 Fences, parking, and signs.
17.50.110 Nonconformities.
17.50.010 Description and intent.
The C conservation zoning district is established for the purpose of maintaining open space areas while providing for single-family residential, and limited commercial land uses. For the conservation district, in promoting the general purposes of this title, the specific intentions of this chapter are:
A. To encourage the use of land for single-family residential and limited commercial purposes;
B. To encourage the continued use of land for open space areas; and
C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. [Repealed and reenacted by Ord. 93-66 §2, 1993; Ord. 84-57-O §1, 1984; Ord. 82-46-O §2, 1982. Formerly §17.13.010].
17.50.020 Permitted principal uses and structures.
The following land uses and activities are permitted in the conservation district:
A. All of the permitted principal uses and structures in the NU natural use zoning district;
B. Agricultural activities and related structures, including commercial livestock grazing; with a written conservation plan between the land owner or lease holder and the Kodiak soil and water conservation district, in those areas historically established for livestock grazing 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 including Chirikof Island and Sitkinak Island.
C. Commercial fishing activities and related structures, including mariculture activities and related structures;
D. Commercial guiding and/or outfitting activities (e.g., hunting, fishing, photography, etc.) and related structures (e.g., lodges) containing provisions for no more than six clients;
E. Parks;
F. Recreational activities (including recreational mining activities);
G. Single-family dwellings/recreational cabins and associated home occupations;
H. Timber harvesting activities and transportation and utility facilities constructed in support of permitted timber harvesting activities;
I. Churches;
J. Bed and breakfasts; and
K. Vacation homes. [Ord. FY2007-08-O §5, 2006; Ord. 2001-05 §3, 2001; repealed and reenacted by Ord. 93-66 §2,1993; Ord. 86-27-O §3, 1986; Ord. 84-57-O §1, 1984; Ord. 82-46-O §2, 1982. Formerly §17.13.020].
17.50.030 Permitted accessory uses and structures.
In addition to those uses and structures specifically identified in KIBC 17.50.020, the following accessory uses and structures are permitted when developed in support of permitted principal uses:
A. Docks, piers, water intake facilities, power structures, etc.;
B. Accessory residential buildings (e.g., crew quarters in support of commercial set-net fishing and lodge operations, banyas, outhouses, etc.);
C. Storage and warehouse structures (e.g., gear buildings, generator sheds, etc.); and
D. Transportation and utility facilities (e.g., roads, pipelines, communication facilities, etc.) but not airstrips. [Repealed and reenacted by Ord. 93-66 §2, 1993; Ord. 84-57-O §1, 1984; Ord. 82-46-O §2, 1982. Formerly §17.13.030].
17.50.040 Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC:
A. All of the conditional uses in the NU natural use zoning district;
B. Airstrips;
C. Commercial livestock grazing, excluding those areas historically established for livestock grazing as described in KIBC 17.50.020(B), where it is a permitted use;
D. Lodges that have provisions for more than six clients;
E. Logging camps and timber harvesting support facilities (e.g., log transfer facilities), including timber products processing facilities;
F. Nonrecreational mineral extraction activities and related structures;
G. Seafood processing facilities and related structures; and
H. Transportation and utility facilities not otherwise permitted and not otherwise used in conjunction with permitted uses (e.g., roads, pipelines, communications facilities, etc.). [Ord. 2001-05 §4, 2001; repealed and reenacted by Ord. 93-66 §2, 1993; Ord. 84-57-O §1, 1984; Ord. 82-46-O §2, 1982. Formerly §17.13.040].
17.50.050 Area requirements.
A. Lot Area. The minimum lot area required is five acres.
B. Lot Width. The minimum lot width required is 250 feet. [Repealed and reenacted by Ord. 93-66 §2, 1993; Ord. 84-57-O §1, 1984; Ord. 82-46-O §2, 1982. Formerly §17.13.050].
17.50.060 Maximum lot coverage for structures.
The maximum lot coverage allowed by the total of all structures is five percent of the lot area, except that on any lot of record, structures may cover 2,000 square feet of the lot or five percent of the lot area, whichever is greater. [Repealed and reenacted by Ord. 93-66 §2, 1993; Ord. 84-57-O §1, 1984; Ord. 82-46-O §2, 1982. Formerly §17.13.060].
17.50.070 Building height limit.
The maximum building height allowed is 35 feet for residential buildings and 50 feet for accessory buildings. [Ord. 93-66 §2, 1993. Formerly §17.13.070].
17.50.080 Setbacks from property lines.
A. Setbacks from Property Lines.
1. There is a required front yard setback of 25 feet except lots fronting on marine waters are exempt from any front yard setback.
2. There is a required side yard setback of 25 feet.
3. There is a required rear yard setback of 25 feet.
B. Setbacks from Anadromous Fish Water Bodies.
1. 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 16.05.870(a) and 5 AAC 95.010, except in the case of timber harvesting activities, whose required setback will be regulated by AS 41.17.010 through 41.17.950, 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.
2. Water-dependent facilities, in stream development activities, and fording may be located closer than 50 feet, and in the water when permitted by the Alaska Department of Fish and Game under AS 16.05.870(b) and (d) and 5 AAC 95.700. “Water-dependent facilities” are defined as uses, activities or structures which can be carried out only on, in or adjacent to water areas because the use, activity, or structure requires access to the water body (e.g., water intake facilities, micro hydro projects, docks, piers, and boat watching facilities, etc.). [Ord. 93-66 §2, 1993. Formerly §17.13.080].
17.50.090 Special district regulations.
A. Conditional uses in this zoning district are required to conform to the general district regulations unless the terms of the conditional use permit specify otherwise.
B. Approved conditional uses in this district shall conform to the following specific performance standards:
1. Conditional uses must minimize the impact on the natural environment and preserve, to the extent feasible and prudent, natural features. Specifically, to the extent feasible and prudent:
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; and
b. Conditional uses in estuaries, tideflats, and wetlands must maintain or assure water flow, natural circulation patterns, and adequate nutrient and oxygen levels.
Nothing in this provision shall require improvement to the natural condition existing prior to development.
2. 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. A conditional use shall be denied under this provision only if the weight of credible scientific evidence shows that the proposed conditional use, together with all other then-existing conditional uses in the area, will have a substantial adverse impact on the interrelated environmental area if such conditional uses are operating in accordance with all required state and federal rules and regulations. Consideration shall be given to the mitigating effect of not locating the conditional use in any other area and mitigation efforts, if any, which the proposed conditional user may offer for this or any other environmental areas. [Ord. 93-66 §2, 1993. Formerly §17.13.090].
17.50.100 Fences, parking, and signs.
Fences, parking areas, and signs are permitted and unregulated when they are related to the use of the property for a permitted and/or approved conditional use. [Ord. 93-66 §2, 1993. Formerly §17.13.100].
17.50.110 Nonconformities.
A. On nonconforming lots of record any permitted principal uses and structures and any permitted accessory uses and structures are allowed.
B. On nonconforming lots of record the commission may grant a conditional use permit for any use listed in KIBC 17.50.040.
C. Setbacks from property lines for nonconforming lots of one-half acre or less:
1. There is a required side yard and rear yard setback of 10 feet; and
2. There is a required front yard setback of 15 feet, except lots fronting on marine waters are exempt from any front yard setback.
D. Nonconforming uses will be regulated by the general nonconforming use provisions of this title.
E. Nonconforming structures will be regulated by the general nonconforming structures provisions of this title. [Ord. 93-66 §2, 1993. Formerly §17.13.110].