Chapter 17.15
GENERAL PROVISIONS AND USE REGULATIONS

Sections:

17.15.010    Application of provisions.

17.15.020    Conformity with regulations required.

17.15.030    Alteration or erection of structures.

17.15.040    Yard or open space limitation.

17.15.050    Approval by planning and zoning commission.

17.15.060    Zoning compliance.

17.15.070    Building permit and conformity to zoning.

17.15.080    Uses prohibited unless authorized.

17.15.090    Similar uses may be permitted.

17.15.100    Airport regulations.

17.15.110    Bed and breakfasts, lodges, motels, hotels and vacation homes.

17.15.120    Buffers for marijuana businesses.

*    For statutory provisions granting borough’s area-wide planning, platting and zoning responsibility, see AS 29.40.010. For provisions authorizing the assembly to adopt zoning regulations and to provide for exceptions thereto, see AS 29.40.040.

17.15.010 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. [Ord. 81-54-O §1, 1981; prior code Ch. 5 subch. 2 §1. Formerly §17.03.010].

17.15.020 Conformity with regulations required.

No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. [Ord. 81-54-O §1, 1981; prior code Ch. 5 subch. 2 §1A. Formerly §17.03.020].

17.15.030 Alteration or erection of structures.

No structure shall 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, 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. [Ord. 81-54-O §1, 1981; prior code Ch. 5 subch. 2 §1B. Formerly §17.03.030].

17.15.040 Yard or open space limitation.

No yard or open space provided about a building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building. No yard or open space on one lot shall be considered as providing a yard or open space for any other lot. [Ord. 81-54-O §1, 1981; prior code Ch. 5 §1C. Formerly §17.03.040].

17.15.050 Approval by planning and zoning commission.

When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. The commission shall make its findings within 90 days after the date of the next available meeting agenda deadline, unless such time limit has been extended by common consent and agreement of the applicant and the commission, and notify the applicant, in writing, of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant. [Ord. FY2018-14 §2, 2018; Ord. 81-54-O §1, 1981; prior code Ch. 5 subch. 2 §17. Formerly §17.03.050].

17.15.060 Zoning compliance.

A. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following:

1. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as-built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (see Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020).

2. No building permit shall be issued by a building official until the community development department has verified from the application for zoning compliance for a proposed building that it conforms and will be occupied for a use in conformity with the provisions and regulations of this title, except that this provision shall not apply to building permits for residential structures when no yard or height changes are involved. Any building permit issued in conflict with this title is null and void. [Ord. FY2018-19 §2, 2018; Ord. 93-64 §7, 1993; Ord. 92-17 §3, 1992; Ord. 92-04 §2, 1992; Ord. 85-11-O §1,1985; Ord. 83-42-O §1, 1983; Ord. 81-54-O §1, 1981; prior code Ch. 5 subch. 2 §18. Formerly §17.03.060].

17.15.070 Building permit and conformity to zoning.

No building permit, plans, or specifications will be approved which permit any violation, modification, or waiver of this title. When the terms of a building permit, plans, or specifications conflict with this title, the provisions of this title will govern. [Ord. 81-54-O §1, 1981; Ord. 80-24-O §1, 1980. Formerly §17.03.070].

17.15.080 Uses prohibited unless authorized.

Land uses not listed as a permitted use in a district are prohibited. [Ord. 81-54-O §1, 1981. Formerly §17.03.080].

17.15.090 Similar uses may be permitted.

A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact.

B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. [Ord. 02-13 §2, 2002; Ord. 92-13 §2, 1992; Ord. 81-54-O §1, 1981. Formerly §17.03.090].

17.15.100 Airport regulations.

In order 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, storage of materials, and parking of vehicles and aircraft are applied to all land 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 any aircraft is 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.

A. All development and/or use of any land contiguous to or adjoining Lilly Lake, the municipal airport, or a utility airport shall comply with airport height limitations and airport setback requirements. Further, structures, buildings, or equipment shall not be located in such a manner as to project into an approach surface, a clear zone, a parking zone, or a runway clear zone.

B. Zoning compliance shall not be issued for any activity involving the placement of fill in Lilly Lake, with the exception of docks less than 30 inches above the water, located within the parking zone and for the sole purpose of seaplane parking.

C. Zoning compliance shall not be issued for any 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. [Ord. 87-09-O §2, 1987. Formerly §17.03.100].

17.15.110 Bed and breakfasts, lodges, motels, hotels and vacation homes.

Prior to the beginning of a bed and breakfast, lodge, motel, hotel, or vacation home, a copy of the certificate of registration for the transient accommodation tax (KIBC 3.55.080) or, if applicable, the certificate of exemption from that tax (KIBC 3.55.060), must be submitted to the community development department. Upon receipt of the certificate of registration or certificate of exemption, a certificate of zoning (Chapter 17.185 KIBC) shall be issued. [Ord. FY2007-08-O §2, 2006. Formerly §17.03.110].

17.15.120 Buffers for marijuana businesses.

In addition to any buffers imposed by any other applicable state or federal law, marijuana businesses may not be established on or within 500 feet of school grounds. [Ord. FY2017-27 §2, 2017].