KPB - Your neighbors want to tell you how to use your land

We the under signed call on the KBPC to use the following Substitute Ordinance 2016-03.

The People of the Kenai Peninsula Borough
Ordinance 2016-03
Substitute

AN ORDINANCE AMENDING KPB CHAPTERS 21.44 AND 21.46 REGUARDING LOCAL OPTION ZONING, AND REPEALING KPB 21.050.050 RELATING TO FINES AND REENACTING AS KPB 21.050.055

WHEREAS, there are 14 local option zones located in the Kenai Peninsula Borough; and

WHEREAS, in 2000 there was an omnibus review and rewrite of local option zone provisions; and

WHEREAS, various interpretation issues have arisen regarding the process and standards applicable to Local Option Zoning over the past 15 years; and

WHEREAS, the current process has made it difficult for citizens wishing to form a local option zoned district to be successful; and

WHEREAS, revisions to the Local Option Zoning code will promote clarity and consistency in the Local Option Zoning process; and

WHEREAS, revisions will promote consistency in the standards for local option zones; and

WHEREAS, the people of the Kenai Peninsula Borough support more restrictive use of Local Option Zoning; and

WHEREAS, the people of the Kenai Peninsula Borough recommend streamlining Local Option Zoning requirements to one local option zone standard and;

WHEREAS, a minimum of 40 lots are required to create a local option zone and;

WHEREAS, no Local Option Zoning may be permitted on land not subdivided into 1/4 acre lots (10,890 Square feet); and

WHERAS, 90% of the lots located within a local option zone must be developed with residential homes to be considered for a local option zone; and

WHEREAS, Areas to be considered for Local Option Zoning must have paved roads maintained by the Kenai Peninsula Borough or land owners located within the local option zone; and

WHEREAS, areas to be considered for Local Option Zoning must have sidewalks maintained by the Kenai Peninsula Borough or land owners located within the local option zone; and

WHEREAS, areas to be considered for Local Option Zoning must have street lights maintained by the Kenai Peninsula Borough or land owners located within the local option zone; and

WHEREAS, areas to be considered for Local Option Zoning must have at least 1 operational telephone junction box in a central location within the local option zone and;

WHEREAS, areas to be considered for Local Option Zoning must be connected to a community wide water and sewer system maintained by the Kenai Peninsula Borough or by land owners located within the local option zone and;

WHEREAS, areas to be considered for Local Option Zoning must have power lines ran to at least 3/4 of the properties located within the local option zone and;

WHEREAS, areas to be considered for Local Option Zoning must have curb side waste removal management maintained by the Kenai Peninsula Borough or land owners located within the local option zone and;

WHEREAS, 100% of all lot owners must agree to form a local option zone and;

WHEREAS, no buffer zones will be implemented for Local Option Zoning and;

WHEREAS, Any Local Option Zoning must be reviewed and agreed to every 5 years by 100% of the property owners in a LOZD.

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH;

SECTION 1.That KPB Chapter 21.44 is hereby amended as follows:
Chapter 21.44-Local Option Zoning
Chapter 21.44.010. Purpose.
A. The purpose of this chapter is to provide property owners in the rural district an opportunity to request the borough adopt greater restrictions on land use than otherwise provided by this title. This chapter shall:
1. Control building sites, placement of structures and land uses through;
a. Regulating certain uses detrimental to residential areas,
b. Setting minimum lot sizes, widths and setback standards,
c. Setting standards for the number and type of structures developed on a parcel; except for residential home.
2. Provide consistency with the goals and objectives of the Kenai Peninsula Borough Comprehensive Plan and Costal Management Program.

21.44.020. State and federal agencies regulated.

To the extent allowed by law, all state, borough, and federal agencies are required to comply with this ordinance and obtain all necessary permits.

21.44.030. [INITIATION PROCEDURES] Formation methods.
The recorded owners of all of 1000% of the parcels within a descried area of the rural district may petition the assembly for a greater restrictions on land uses and development standards. Each parcel is entitled to one vote regarding formation of a district. If their are multiple recorded owners of a parcel, they must all agree In the event they do not all agree to the LOZD they will be a no vote. Application forms for LOZDs are available from, and shall be submitted to, the Borough Planning Department. The planning department shall process an application for an LOZD.

[B] Any covenants,( LOZD do not over rule a covenant) may be proposed at the time of preliminary or final plat approval, by the plat developer prior to land sales.

[C]LOCAL OPTION ZONING DISTRICTS must be in concurrence with 100% of the current owners of the property subject to the plat. The planning commission shall make recommendations to the assembly regarding the formation of the LOZD. Plats must be subdivided into one-quarter acre lots and at least 40 continuous lots or more, separated only by a street, alley, right-of-way, or easement. If A LOCAL OPTION ZONING DISTRICT IS INITIATED, THEN THE REQUIREMENTS OF SECTION 21.44.040, AREA AND PETITION REQUIREMENTS ARE REQUIRED.

21.44.040. [AREA AND PETITION] Formation requirements.

A. Except as otherwise provided, the minimum area that may be included in an LOZD is 40 continuous one-quarter acre lots (10,890 Square feet,) Having 90% of the land developed with residential homes, have paved roads, sidewalks, street lights, operational telephone junction boxes, sewer and water connected to at least 60% of the residential homes located within the Local Option Zoning district. Power lines ran to at least three-quarters of the properties located within the Local Option Zoning district, curb side waste removal management for all homes located within the proposed Local Option Zoning district, and 100% of all lot owners located within the Local Option Zoning district must agree to from a Local Option Zoning district.
THE MINIMUM AREA THAT MAY BE INCLUDED IN A LOCAL OPTION ZONING DISTRICT IN AN INDRUSTRIAL DISTRICT AS DESCRIBED IN KPB 21.44.200 IS 40 CONTINOUS ONE-QUARTER ACRE LOTS with 90% of the land developed with a residential homes, and have paved roads, sidewalks, street lights, operational telephone junction boxes, sewer and water connected to at least 60% of the residential homes located within the Local Option Zoning district. Power lines ran to at least three-quarters of the properties located within the Local Option Zoning district, curb side waste removal management for all homes located within the Local Option Zoning district, and 100% of all lot owners located within the proposed Local Option Zoning district must agree to from a Local Option Zoning district.
At least 30 percent of the lots within the proposed R-W District must be waterfront lots. Lots in a proposed LOZD must be continuous and separated only by a street, alley, right-of-way, or easement. The planning department shall create a proposed Local Option Zoning map for the proposed district based on location, access, soil, typography, encompasses and permits. An LOZD may not establish green space or any size buffer zone beyond the LOZD parcel boundaries. (you see how that last line is in bold it means if you want to control how the land is used out side the boundaries of the LOZD then buy it. LOZD land owners do not have a right to tell non LOZD owners what they can or can not do with their land. LOZD land owners do not have a right to create green space and stop a land owner from developing his or her land.)

B. An LOZD may be initiated by the recorded owners of 100% of the lots within the proposed LOZD filing an application to form an LOZD. The applicants shall be owners of parcels or lots proposed for regulation. The formation of the LOZD may include portions of subdivisions where subdivision lot owners agree to be in the LOZD. The application shall:
1. Show opposite each signature of an applicant lot owner, a street address if available and adequate legal description of the property owned,

2. Set forth whether the district will form a R-1, R-2, R-R, R-W, or R-M[, c-3, I, or R-C] zone and

3. Include a map of the proposed LOZD area.

4. Each Land owner in a proposed LOZD area shall be given either by hand or certified mail a form explaining each land use restriction and regulation, as well as restrictions to leasing and selling the prosperity located in a LOZD. This form must be signed in front of a notary and either hand delivered to the planning department by that person in the proposed LOZD, or mailed in to the planning department. No lots may be required to follow any LOZD restrictions or regulations, if this form is not found on file with the Planning Department.

C. The planning department shall make a recommendation to the planning commission and assembly regarding the formation and boundaries of the proposed LOZD. The date of introduction for assembly consideration of the LOZD shall be within 120 days after filing the completed application and all Land owner forms have been received by the planning department.

D. The date of application shall be the date for determining whether a proposed LOZD meets the formation requirements set forth in this petition. If there is an approved preliminary plat within the area of the proposed LOZD that does not meet the formation requirements for the LOZD proposed the area may not be included in the LOZD.

21.44.050. Public hearings and notification requirements.

The planning commission shall hold at least one public hearing on Local Option Zoning applications. Public notice of the hearing shall comply with KPB 21.11.020. In addition, property owners within the proposed district shall receive a copy of the public notice at least 30 days prior to the hearing. The planning commission shall recommend to the assembly approval, disapproval, or modifications of the proposed LOZD.

21.44.060. Assembly action.

The assembly shall approve, disapprove, or modify the proposed LOZD. The assembly in its legislative capacity may disapprove an LOZD notwithstanding the district's meeting the criteria of this chapter. Any LOZD approved must meet the formation criteria set forth in this petition and the minimum requirements of the LOZD being formed. Prior to the assembly action the planning department will provide the owners of each parcel within the proposed LOZD an opportunity to sign an advisory statement in favor or against the LOZD.

[21.44.070. Variances.
VARIANCES MAY BE GRANTED PURSUANT TO THE TERMS OF KPB 21.05]

21.44.080. Application.

A. The standards of the LOZD shall be effective within 30 days after approval by the assembly.
The regulations set by this chapter shall apply uniformly to the district

B. This ordinance does not repeal, abrogate or impair any existing deed restrictions, covenants or easements. The borough will not enforce private covenants, easements or deed restrictions.

C. All property in an LOZD must comply with applicable local, state, and federal regulations.

D. The provisions of this chapter shall apply to the Local Option Zoning Districts predating adoption of this chapter, in cases of conflict the terms of this chapter shall apply.

21.44.090. Local Option Zoning map.

Within 30 days after assembly approval, a map of the boundaries of the adopted LOZD shall be available on the Borough’s website or at the planning department upon request.

21.44.095. Variances.

Variances may be granted within an LOZD pursuant to the terms of KPB 21.05

21.44.100. Prior existing structures.
Any structure, which existed prior to the formation of an LOZD that does not meet the provisions of this chapter, shall be allowed to continue, any residential, secondary, accessory buildings, or business and business buildings are permitted to expanded, they will be allowed to be maintained and if destroyed even at 100% shall be allowed to be rebuilt in a non-conforming state
A. Nothing in this section prohibits reconstruction at any time in conformity or non-conformity with this chapter.

21.44.110. Nonconforming uses.

A. Determination. Nonconforming uses in effect on the date of initial adoption of the LOZD are allowed to continue operation. The burden poof proof that the nonconforming use existed before adoption of an LOZD is on the applicant. If the planning director denies nonconforming use status, the applicant complies with the requirements of the LOZD.

B. Decision. The planning director shall give notice of the application for a nonconforming use determination to property owners within the district. The notice shall include a summary of the application, a vicinity map, and a deadline for submitting written comments or evidence regarding the existence of the use prior to making a determination. The planning director shall issue a decision regarding the nonconforming status based on the written application, written comments, or evidence regarding the existence of the use prior to the adoption of an LOZD. The planning director's decision may be appealed by the applicant or affected property owners to the planning commission within 15 days of distribution of the decision.

C. Discontinuance. Any nonconforming use of land or building which has ceased by discontinuance for an uninterrupted period of 1000 days shall thereafter conform to the provisions of this chapter. Lack of intent to cease use or abandon the use does not suspend the 1000-day time period. If a nonconforming use of a temporary structure is discontinued, it shall not be recommenced.

D. Expansion. A nonconforming use of a building or land may be increased, intensified, or expanded or moved to any other part of the lot, tract, or parcel it occupies after the ordinance forming the district is adopted, the use may be moved to a parcel which is subject to this chapter.

E. Change of Use. The use of a nonconforming building may be changed without requirements to conform to the LOZD

F. Standards. In order to qualify as an allowed nonconforming use, the use must meet the following standards on the date the assembly approves formation of the district:

1. A use must have been established under prior law.
2. A use must be operational in accordance with the type of use.
3. The purchase, clearing, intent, or improvement of land preparatory to the use is adequate to qualify the parcel for nonconforming use status.

G. Conditions may be placed on nonconforming uses by the planning director to protect the residential character of the LOZD by limiting, hours of operation, fire hazards not normal to operations, and to provide appropriate screening, lighting, Screening and Lighting shall be paid for by the sponsors of the LOZD. Any required removal of Fire hazards not normal to operations shall be paid for by the sponsors of the LOZD

21.44.120. Nonconforming lots.

An undeveloped lot which is nonconforming as to lot dimension or area may be used for any use allowed in the district which it is located provided:

A. It was created or intended in the mind of the land owner and no proof of the is required ,to be created prior to the date of original adoption of the

21.44.130. Home Occupations.

A. Purpose. It is the purpose of this section to promote peace, quiet, and domestic tranquility within residential LOZD and to limit excessive noise, excessive traffic, diminished property values, fire hazard, threats to safety and health, and other possible negative effects of conforming commercial uses conducted in residential areas.

B. Application. A single conforming home occupation may be operated on a lot in R-1,R-2,R-R,R-W, and R-M zones subject to the provisions of this section without a permit:

C. Standards.

1. The outside appearance of a building or parcel shall not change so that it detracts from the dwelling's and parcel's principal use as a residence.

2. The conforming home occupation shall not generate traffic, parking, sewage, or water use in excess of what is normal in a residential subdivision. The conforming home occupation shall not create a hazard to person or property, or become a nuisance.

3. One permanent sign no greater than 16 square feet may be used to advertise a home occupation. Signs may not be illuminated.

4. Retail sales of goods which generate traffic of customers, deliveries, or suppliers to the parcel are not allowed on the parcel, except where the sale of goods is incidental to the service provided by the conforming home occupation Except for the non-conforming business established prior to the LOZD.

5.The use of a dwelling unit for home occupations shall be conducted solely within the confines of the main dwelling and accessory buildings, and shall be clearly incidental and subordinate to the main use of the Dwelling as a residence. In-home adult or child care, or preschools may use outdoor space on the lot as long as the area used for the home occupation is fenced for the safety of persons on the premises as a result of the home occupation. Except for the non-conforming business established prior to the LOZD.

6. The storage of toxic, explosive, or other dangerous or hazardous materials, substances, or chemicals for commercial purposes are not allowed on the premises, except for fuel storage of 55 gallons. Except for the non-conforming business established prior to the LOZD.

8. There shall not be outside storage or display of any kind that is visible from the street or neighboring property other than personal or seasonal decorations. Except for the non-conforming business established prior to the LOZD.

9. No commercial outdoor storage or outdoor loading of vehicles related to the conforming home occupation shall be allowed, except that one operational work trailer and one operational and registered work vehicle may park on the property. Licensed fishing guide operations are limited to two boats with no maximum size for the business per lot. Except for the non-conforming business established prior to the LOZD.

10. No on street parking shall be allowed or necessary to conduct the conforming home occupation Except for the non-conforming business established prior to the LOZD.

11. The conforming home occupation shall be conducted by the inhabitants of the principal permitted dwelling, and no more than one nonresident employee shall be permitted to work on site. Except for the non-conforming business established prior to the LOZD.

12. All operations of the conforming home occupations are required to meet applicable registration requirements to collect borough sales tax as set for in the KPB chapter 5.18

D. Conditions. All standards set forth in KPB 21.44.130 must be met on a continuing basis and are mandatory to operate a conforming home occupation. Conforming Home operations allowed in the R-1,R-R,R-W, and R-m districts[:] may include but are not limited to:
[1.] accountant/bookkeeping services:
[2.]beauty parlor or salon/barber shop;
[3.] Catering Services;
[4.] Computer programming, software instruction, web page development and related computer services;
[5.] Consulting services;
[6.] Dressmaking, sewing, and tailoring;
[7.] Event planning services;
[8.] In-home adult or child care, or preschool ;
[9.] Home cooking and preserving;
[10.] Home crafts, such as model making, needlework, and rug weaving
[11.] Photography studio;
[12.] Painting, sculpting, writing, or other fine arts related crafts;
[13.] Telephone answering, telecommuting, secretarial and administrative services;
[14.] Tutoring and musical instruction.

F. Conforming home occupations not allowed in the R-1,R-2,R-R,R-W, and R-M districts. The following occupations are prohibited as home occupations: service, repair, painting of any vehicle; kennels; adult entertainment; commercial composting; sale, repackaging, or use of hazardous materials; retail sales unless clearly incidental and necessary to the service being provided by the conforming home occupation; restaurants, alcoholic beverage premises licensed under title 4 of the Alaska statutes and other similar uses which are inconsistent with the purpose statement of KPB 21.44.010..

G. Violation of the conforming home occupation provisions of this section shall be processed in accord with the provisions of KPB21.50.

21.44.135. New Structures-Development Notice.

New structures or buildings with a permanent foundation require a development notice to ensure compliance with the setback requirements. Development notices shall be on a form provided by the planning department and shall include the dimensions and proposed structure's location on the lot. Except if the new structure is for a non-conforming business or residence.

21.33.140. Rezoning.

A. Amendments to LOZDs may be initiated to repeal a zone, change the type of zone or modify the boundaries of the zoning district as follows:

1. Any resident of the district may request an amendment to a zoning district provided that a petition is submitted bearing signatures of 100% of the property owners lots being rezoned. Lots with multiple owners require the signature of all owners of the lot.

2. A landowner of property contiguous with the boundaries of the local option district may request an amendment to the district to include his or her property.

B. The borough planning department will provide forms to request amendments under this section.

C. The rezoning process must meet the notification and public hearing requirements of KPB 21.44, except the planning department level public meeting set forth in KPB 21.44.040(C) is not required.

D. The planning commission shall make a recommendation to the assembly regarding the repeal or change in zone or modification of boundaries. All rezone petitions are subject to assembly approval and shall be reviewed every 5 years.

21.44.150. Violations- Enforcement.
Violations of KPB 21.44 are subject to enforcement by the remedies set forth in KPB 21.50. Each offense is subject to appeal.

21.44.160 Single-family residential district (R-1)

A. Allowed principal uses. Single-family residential (R-1) dwelling units are the allowed principal use in this district.

B. Allowed Compatible uses Compatible uses allowed in the R-1 zone are Parks, playgrounds, Schools community centers, libraries, churches, and home occupations.

C. New development standards. Development standards apply to principle and accessory structures.

1. Setbacks. Setbacks for structures shall be a minimum of 10 feet from the yard line, 10 feet from the rear yard line, 10 feet from the side yard lines, and when typography allows 50 feet from the shore and where applicable subject to the provisions of KPB 21.18.

2. Maximum building height. Maximum building height shall be 3 1/2 stories above ground or 55 feet above average grade, whichever is more.

3. Lot size. Minimum lot size shall be 1/4 acre or 10,890 square feet. Maximum lot size shall be no more than 10,900 square feet

4. Coverage. Maximum coverage by structure is 20 percent of the lot.

5 Drainage Ways. Existing natural drainage ways shall be retained except no adjacent lot shall direct water flow to any other lot including a drainage way, drainage ways may be modified, developed, so long as they do not cause flooding or excessive water runoff onto other lots.

Accessory structures.
Accessory structures commonly associated with residential dwellings, i.e., garages, barns, storage sheds, greenhouses, wind turbines, workshops and a single, noncommercial guesthouse per parcel are allowed within the district. A single accessory structure may constitute the principal use of the lot where an adjacent lot with the primary residence is in the same ownership.

7. Livestock and pets.

a. Dog lots; dog lots and kennels are prohibited.

b. Household pets including, but not limited to, dogs and cats shall be allowed provided that no more than four household pets of more than six months of age are kept outdoors on the lot.

C. Poultry, fowl and small animals shall be properly contained (e.g., chicken coop, rabbit hutch) and shall be located in accordance with the required accessory use setbacks. No more than 10 such animals over 6 months old are allowed on ¼ acer lots

d. Hoofed animals are prohibited except for a single horse used as a service animal, 2 goats or 2 sheep

8. Prohibited uses and structures. The following uses and structures are prohibited in the R-1 District.

a. A lot within the LOZD shall not be offered for sale or lease for non-allowed uses, sellers who fail to fully inform new buyers of all restrictions and regulations will be required to buy back the land, pay replacement cost of comparable land with road access in a reasonable distance of the LOZD land and pay all moving expenses and lodging expenses to the buyers until a replacement piece of land outside the LOZD is found..

b. No more than two of either travel trailers or motor homes may be on each lot at any time.

c. Pit-style outhouses are prohibited.

d. No more than two of either inoperable or unregistered vehicles are allowed on each lot at any time.

21.44.165. Small lot residential district (R-2)

A. Allowed principal use. One single-family dwelling unit is the allowed principal use in this district.

B. Allowed compatible uses. Compatible uses allowed in the R-2 zone are parks, playgrounds, schools, community centers, libraries, churches, and conforming home occupations.

c. New development standards. Development standards apply to principle and accessory structures.

1. Setbacks. Setbacks for structures shall be a minimum of 10 feet from the yard line, 10 feet from the rear yard line, 10 feet from the side yard lines, and when typography allows 50 feet from the shore and where applicable subject to the provisions of KPB 21.18.

2. Maximum building height. Maximum building height shall e 2 1/2 stories above ground or 35 feet above average grade, whichever is more.

3. Lot size. Minimum lot size shall be 1/4 acre or 10,890 square feet. Maximum lot size shall be no more than 10,900 square feet

4. Coverage. Maximum coverage by structure is 20 percent of the lot.

5 Drainage Ways. Existing natural drainage ways shall be retained except no adjacent lot shall direct water flow to any other lot including a drainage way, drainage ways may be modified, developed, so long as they do not cause flooding or excessive water runoff onto other lots.

1. Accessory structures. Accessory structures commonly associated with residential dwellings, i.e., garages, barns, storage sheds, greenhouses, wind turbines, workshops and a single, noncommercial guesthouse per parcel are allowed within the district. A single accessory structure may constitute the principal use of the lot where an adjacent lot with the primary residence is in the same ownership.

2. Livestock and pets.

a. Dog lots; dog lots and kennels are prohibited.

b. Household pets including, but not limited to, dogs and cats shall be allowed provided that no more than four household pets of more than six months of age are kept outdoors on the lot.

c. Poultry, fowl and small animals shall be properly contained (e.g., chicken coop, rabbit hutch) and shall be located in accordance with the required accessory use setbacks. No more than 10 such animals over 6 months old are allowed on lots less than 20 thousand square feet.

d. Hoofed animals are prohibited except for a single horse used as a service animal

1. Prohibited uses and structures. The following uses and structures are prohibited in the R-1 District.

a. A lot within the LOZD shall not be offered for sale or lease for non allowed uses.

b. No more than two of either travel trailers or motor homes may be on each lot at any time.

c. Pit-style outhouses are prohibited.

d. No more than two of either inoperable or unregistered vehicles are allowed on each lot at any time

21.44.170 Rural residential district (R-R)

A. Allowed principal use. Single-family (R-1) dwelling units are the allowed principle use in this district.

B. Allowed Compatible uses. Compatible uses allowed in the R-R zone are parks, playgrounds, schools, community centers, libraries, churches, and home occupations.

C. New development standards. Development standards apply to principle and accessory structures.

1. Setbacks. Setbacks for structures shall be a minimum of 10 feet from the yard line, 10 feet from the rear yard line, 10 feet from the side yard lines, and when typography allows 50 feet from the shore and where applicable subject to the provisions of KPB 21.18.

2. Maximum building height. Maximum building height shall e 2 1/2 stories above ground or 35 feet above average grade, whichever is more.

3. Lot size. Minimum lot size shall be 1/4 acre or 10,890 square feet. Maximum lot size shall be no more than 10,900 square feet

4. Coverage. Maximum coverage by structure is 20 percent of the lot.

5 Drainage Ways. Existing natural drainage ways shall be retained except no adjacent lot shall direct water flow to any other lot including a drainage way, drainage ways may be modified, developed, so long as they do not cause flooding or excessive water runoff onto other lots.

1.Accessory structures. Accessory structures commonly associated with residential dwellings, i.e., garages, barns, storage sheds, greenhouses, wind turbines, workshops and a single, noncommercial guesthouse per parcel are allowed within the district. A single accessory structure may constitute the principal use of the lot where an adjacent lot with the primary residence is in the same ownership.

2. Livestock and pets.

a. Dog lots; dog lots and kennels are prohibited.

b. Household pets including, but not limited to, dogs and cats shall be allowed provided that no more than four household pets of more than six months of age are kept outdoors on the lot.

C. Poultry, fowl and small animals shall be properly contained (e.g., chicken coop, rabbit hutch) and shall be located in accordance with the required accessory use setbacks. No more than 10 such animals over 6 months old are allowed on lots

d. Hoofed animals are prohibited except for a single horse used as a service animal except 2 goats or 2 sheep

2. Prohibited uses and structures. The following uses and structures are prohibited in the R-1 District.

a. A lot within the LOZD shall not be offered for sale or lease for non-allowed uses.

b. No more than two of either travel trailers or motor homes may be on each lot at any time.

c. Pit-style outhouses are prohibited.

d. No more than two of either inoperable or unregistered vehicles are allowed on each lot at any time

21.44.175 Residential Waterfront (R-W)

A. Purpose. The purpose of this district is to promote orderly development adjacent to anadromous water bodies as defined by AS 41.17.950(1) consistent with the purpose of KPB 21.18.020.

B. Allowed principal use. One of the following uses is allowed per lot for a permanent residence in this district:

1. No more than 2 single-family dwellings;

2. One duplex.

C. Allowed compatible uses. Compatible uses allowed in the R-2 zone are parks, playgrounds, schools, community centers, libraries, churches, and conforming home occupations.

New development standards. Development standards apply to principle and accessory structures.

1. Setbacks. Setbacks for structures shall be a minimum of 10 feet from the yard line, 10 feet from the rear yard line, 10 feet from the side yard lines, and when typography allows 50 feet from the shore and where applicable subject to the provisions of KPB 21.18.

2. Maximum building height. Maximum building height shall e 2 1/2 stories above ground or 35 feet above average grade, whichever is more.

3. Lot size. Minimum lot size shall be 1/4 acre or 10,890 square feet. Maximum lot size shall be no more than 10,900 square feet

4. Coverage. Maximum coverage by structure is 20 percent of the lot.

5 Drainage Ways. Existing natural drainage ways shall be retained except no adjacent lot shall direct water flow to any other lot including a drainage way, drainage ways may be modified, developed, so long as they do not cause flooding or excessive water runoff onto other lots.

1. Accessory structures. Accessory structures commonly associated with residential dwellings, i.e., garages, barns, storage sheds, greenhouses, wind turbines, workshops and a single, noncommercial guesthouse per parcel are allowed within the district. A single accessory structure may constitute the principal use of the lot where an adjacent lot with the primary residence is in the same ownership.

2. Livestock and pets.

a. Dog lots; dog lots and kennels are prohibited.

b. Household pets including, but not limited to, dogs and cats shall be allowed provided that no more than four household pets of more than six months of age are kept outdoors on the lot.

C. Poultry, fowl and small animals shall be properly contained (e.g., chicken coop, rabbit hutch) and shall be located in accordance with the required accessory use setbacks. No more than 10 such animals over 6 months old are allowed on lots feet.

d. Hoofed animals are prohibited except for a single horse used as a service animal except for 2 goats or 2 sheep

3. Prohibited uses and structures. The following uses and structures are prohibited in the R-1 District.

a. A lot within the LOZD shall not be offered for sale or lease for non-allowed uses.

b. No more than two of either travel trailers or motor homes may be on each lot at any time.

c. Pit-style outhouses are prohibited.

d. No more than two of either inoperable or unregistered vehicles are allowed on each lot at any time.

[21.44.190. MIXED USE DISTRICT (C-3).

A. ALLOWED PRINCIPAL USES: COMMERCIAL, BUSINESS, RESIDENTAL, INSTITUTIONAL AND PUBLIC USES ARE ALLOWED IN THIS DISTRICT.

B. ALLOWED SECONDARY USES: SECONDARY USES ALLOWED IN THE C-3 ZONE ARE USES ALLOWED IN R-1 AND R-M DISTRICTS.

C. New development standards. Development standards apply to principle and accessory structures.

1. Setbacks. Setbacks for structures shall be a minimum of 10 feet from the yard line, 10 feet from the rear yard line, 10 feet from the side yard lines, and when typography allows 50 feet from the shore and where applicable subject to the provisions of KPB 21.18.

2. Maximum building height. Maximum building height shall e 3 1/2 stories above ground or 55 feet above average grade, whichever is more.

3. Lot size. Minimum lot size shall be 1/4 acre or 10,890 square feet. Maximum lot size shall be no more than 10,900 square feet

4. Coverage. Maximum coverage by structure is 20 percent of the lot.

5. Drainage Ways. Existing natural drainage ways shall be retained except no adjacent lot shall direct water flow to any other lot including a drainage way, drainage ways may be modified, developed, so long as they do not cause flooding or excessive water runoff onto other lots.

1. Accessory structures. Accessory structures commonly associated with residential dwellings, i.e., garages, barns, storage sheds, greenhouses, wind turbines, workshops and a single, noncommercial guesthouse per parcel are allowed within the district. A single accessory structure may constitute the principal use of the lot where an adjacent lot with the primary residence is in the same ownership.

2. Livestock and pets.

a. Dog lots; dog lots and kennels are prohibited.

b. Household pets including, but not limited to, dogs and cats shall be allowed provided that no more than four household pets of more than six months of age are kept outdoors on the lot.

c. Poultry, fowl and small animals shall be properly contained (e.g., chicken coop, rabbit hutch) and shall be located in accordance with the required accessory use setbacks. No more than 10 such animals over 6 months old are allowed on a lot

d. Hoofed animals are prohibited except for a single horse used as a service animal except for 2 goats or 2 sheep

3. Prohibited uses and structures. The following uses and structures are prohibited in the R-1 District.

a. A lot within the LOZD shall not be offered for sale or lease for non-allowed uses.

b. No more than two of either travel trailers or motor homes may be on each lot at any time.

c. Pit-style outhouses are prohibited.

d. No more than two of either inoperable or unregistered vehicles are allowed on each lot at any time.

21.44.195 RESERVED

No ordinances passed may have blank or reserved chapters.

[21.44.200. INDUSTRIAL DISTRICT (I).

A. ALLOWED PRINCIPAL AND SECONDARY USES: LIGHT AND/OR HEAVY INDUSTRIAL LAND USES, AND UTILITY/TRANSPORT LAND USES ARE ALLOWED IN THIS DISTRICT.

B.
New development standards. Development standards apply to principle and accessory structures.

1. Setbacks. Setbacks for structures shall be a minimum of 10 feet from the yard line, 10 feet from the rear yard line, 10 feet from the side yard lines, and when typography allows 50 feet from the shore and where applicable subject to the provisions of KPB 21.18.

2. Maximum building height. Maximum building height shall be 3 1/2 stories above ground or 55 feet above average grade, whichever is more.

3. Lot size. Minimum lot size shall be 1/4 acre or 10,890 square feet. Maximum lot size shall be no more than 10,900 square feet

4. Coverage. Maximum coverage by structure is 20 percent of the lot.

5 Drainage Ways. Existing natural drainage ways shall be retained except no adjacent lot shall direct water flow to any other lot including a drainage way, drainage ways may be modified, developed, so long as they do not cause flooding or excessive water runoff onto other lots.

1. Accessory structures. Accessory structures commonly associated with residential dwellings, i.e., garages, barns, storage sheds, greenhouses, wind turbines, workshops and a single, noncommercial guesthouse per parcel are allowed within the district. A single accessory structure may constitute the principal use of the lot where an adjacent lot with the primary residence is in the same ownership.

2. Livestock and pets.

a. Dog lots; dog lots and kennels are prohibited.

b. Household pets including, but not limited to, dogs and cats shall be allowed provided that no more than four household pets of more than six months of age are kept outdoors on the lot.

C. Poultry, fowl and small animals shall be properly contained (e.g., chicken coop, rabbit hutch) and shall be located in accordance with the required accessory use setbacks. No more than 10 such animals over 6 months old are allowed on alot

d. Hoofed animals are prohibited except for a single horse used as a service animal except 2 goats or 2 sheep

3. Prohibited uses and structures. The following uses and structures are prohibited in the R-1 District.

a. A lot within the LOZD shall not be offered for sale or lease for non-allowed uses.

b. No more than two of either travel trailers or motor homes may be on each lot at any time.

c. Pit-style outhouses are prohibited.

d. No more than two of either inoperable or unregistered vehicles are allowed on each lot at any time.

21.33.210. RESIDENTIAL CONSERVATION DISTRICT (R-C)

This district may not be considered for any type of LOZD

21.44.220. Record notice of Local Option Zoning district.

A notice of Local Option Zoning district shall be recorded in the state of Alaska district recorder's office where the parcels subject to the LOZD are located. The notice shall provide a legal description of the parcels within the district and the type of zone. The notice shall be in a form approved by the borough attorney's office. [THE PETITIONERS FOR A LOCA OPTION ZONING DISTRICT OR REZONE SHALL PAY THE RECORDING FEES.] Notice of rezones under KPB 21.44.140 shall also be recorded.