Kodiak Island Borough
City Zoning Code
City Zoning Code
17.140 Existing
Nonconforming Uses and Structures
17.140.010 Explanation.
When a lot, structure or use legally exists prior to the adoption of an ordinance codified in this title, but does not meet the requirements of this title, it shall be permitted to continue within the limits set forth in this chapter under “nonconforming” status. There are three types of nonconforming status:
A. Nonconforming Lots. The lot width or area is smaller than the minimum permitted in the land use district in which it is located;
B. Nonconforming Structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, height or other development requirements established for the land use district in which it is located; and
C. Nonconforming Uses. The use to which land and/or structures is being put is not a permitted or conditional use in the land use district in which it is located. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997; Ord. 82-45-O §1, 1982. Formerly §17.36.010].
17.140.020 Intent.
It is the intent of this chapter to permit these nonconformities to continue until they are eliminated. Nonconforming uses are generally incompatible with conforming uses. Nonconforming nonresidential uses are especially incompatible with permitted uses in residential zoning districts. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997; Ord. 86-18-O §2, 1986; Ord. 82-45-O §1, 1982. Formerly §17.36.020].
17.140.030 Nonconforming lots of record.
A nonconforming lot in any zoning district can be developed as permitted; provided, that it can be demonstrated that all other current zoning district requirements such as setbacks and parking can be met. Nothing in this title shall be construed to prohibit the creation of nonconforming lots which are federally mandated. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.030].
17.140.040 Nonconforming structures.
A. Any legal structure existing at the effective date of adoption or amendment of the ordinances codified in this title that could not be built under the existing terms of this title by reason of restrictions on area, lot coverage, height, yards, deficiency of required parking, or other characteristics of the structure or its location on the lot may be continued so long as it remains otherwise legal.
B. Ordinary repairs, including the repair or replacement of walls, doors, windows, roof, fixtures, wiring, and plumbing, may be made to nonconforming structures.
C. Nonconforming residential structures may be enlarged or expanded; provided, that there are no other residential structures located on the property, no portion of the structure extends over any lot line, and all other building, fire and zoning requirements are met. Any encroachment into required setbacks exceeding the original building footprint shall be permitted only by the grant of a variance under Chapter 17.195 KIBC.
D. Should a nonconforming structure be destroyed, it shall not be reconstructed except in conformity with the regulations of this title. Destruction does not include deterioration through ordinary neglect. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.040].
17.140.050 Nonconforming uses of structures and land.
A. A legal use of a structure, land, or of a structure and land in combination, existing at the effective date of adoption or amendment of the ordinances codified in this title, may be continued so long as it remains otherwise legal.
B. Structures containing nonconforming residential uses, located in a nonresidential zoning district, may be expanded as long as the entire structure meets, at a minimum, the parking and building code requirements for office or retail use.
C. Structures containing nonconforming residential uses, located in a residential zoning district, may only be expanded if the nonconforming use of the structure is eliminated.
D. Structures containing nonconforming nonresidential uses may not be expanded.
E. Ordinary repairs including the repair or replacement of walls, doors, windows, roof, fixtures, wiring, and plumbing may be made to structures containing nonconforming residential uses.
F. Ordinary maintenance including the repair of walls, doors, windows, roof, fixtures, wiring, and plumbing may be made to structures containing nonconforming nonresidential uses.
G. When the nonconforming use of a structure, land, or structure and land in combination is voluntarily discontinued or abandoned for one year or more, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall extinguish the nonconforming use of the land. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.050].
17.140.060 Parking.
A. A nonconforming residential structure may be enlarged or expanded without requiring additional parking under Chapter 17.175 KIBC, as long as the number of dwelling units in the structure is not increased.
B. A nonconforming nonresidential structure may be changed to another legal use without requiring additional parking under Chapter 17.175 KIBC as long as the new use of the structure requires no more parking spaces than the previous nonconforming use. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.060].
17.140.070 Prior construction.
Nothing in this chapter requires a change in the plans, construction, or designated use of any building on which actual construction was legally begun prior to the effective date of adoption or amendment of the ordinances codified in this title and upon which actual building construction has been diligently carried on. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997; Ord. 86-18-O §3, 1986. Formerly §17.36.070].
17.140.080 Exception – Junkyards.
Junkyards, as defined in Chapter 17.25 KIBC, located in any district other than an I industrial district, are a public nuisance and are not entitled to the protective provisions of this chapter. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.080].
17.140.085 Exception – Relocation of mobile homes displaced by a change of land use.
Sunset December 31, 2018.
17.140.090 Exceptions.
When a lot, structure, or use was authorized by the provisions of former Chapter 17.65 KIBC concerning an application for an exception, but which does not meet the current requirements of this title, it shall be considered to have nonconforming status and be permitted to continue within the limits set forth in this chapter. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.090].
17.140.100 Definitions.
For purposes of this chapter, the following zoning districts are considered residential zoning districts:
WH – Wildlife Habitat District (Chapter 17.40 KIBC);
C – Conservation District (Chapter 17.50 KIBC);
RD – Rural Development District (Chapter 17.55 KIBC);
RR2 – Rural Residential Two District (Chapter 17.60 KIBC);
RR – Rural Residential District (Chapter 17.65 KIBC);
RR1 – Rural Residential One District (Chapter 17.70 KIBC);
R1 – Single-Family Residential District (Chapter 17.75 KIBC);
R2 – Two-Family Residential District (Chapter 17.80 KIBC);
R3 – Multifamily Residential District (Chapter 17.85 KIBC).
For purposes of this chapter all other zoning districts are considered to be nonresidential zoning districts. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.100].
17.140.010 Explanation.
When a lot, structure or use legally exists prior to the adoption of an ordinance codified in this title, but does not meet the requirements of this title, it shall be permitted to continue within the limits set forth in this chapter under “nonconforming” status. There are three types of nonconforming status:
A. Nonconforming Lots. The lot width or area is smaller than the minimum permitted in the land use district in which it is located;
B. Nonconforming Structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, height or other development requirements established for the land use district in which it is located; and
C. Nonconforming Uses. The use to which land and/or structures is being put is not a permitted or conditional use in the land use district in which it is located. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997; Ord. 82-45-O §1, 1982. Formerly §17.36.010].
17.140.020 Intent.
It is the intent of this chapter to permit these nonconformities to continue until they are eliminated. Nonconforming uses are generally incompatible with conforming uses. Nonconforming nonresidential uses are especially incompatible with permitted uses in residential zoning districts. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997; Ord. 86-18-O §2, 1986; Ord. 82-45-O §1, 1982. Formerly §17.36.020].
17.140.030 Nonconforming lots of record.
A nonconforming lot in any zoning district can be developed as permitted; provided, that it can be demonstrated that all other current zoning district requirements such as setbacks and parking can be met. Nothing in this title shall be construed to prohibit the creation of nonconforming lots which are federally mandated. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.030].
17.140.040 Nonconforming structures.
A. Any legal structure existing at the effective date of adoption or amendment of the ordinances codified in this title that could not be built under the existing terms of this title by reason of restrictions on area, lot coverage, height, yards, deficiency of required parking, or other characteristics of the structure or its location on the lot may be continued so long as it remains otherwise legal.
B. Ordinary repairs, including the repair or replacement of walls, doors, windows, roof, fixtures, wiring, and plumbing, may be made to nonconforming structures.
C. Nonconforming residential structures may be enlarged or expanded; provided, that there are no other residential structures located on the property, no portion of the structure extends over any lot line, and all other building, fire and zoning requirements are met. Any encroachment into required setbacks exceeding the original building footprint shall be permitted only by the grant of a variance under Chapter 17.195 KIBC.
D. Should a nonconforming structure be destroyed, it shall not be reconstructed except in conformity with the regulations of this title. Destruction does not include deterioration through ordinary neglect. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.040].
17.140.050 Nonconforming uses of structures and land.
A. A legal use of a structure, land, or of a structure and land in combination, existing at the effective date of adoption or amendment of the ordinances codified in this title, may be continued so long as it remains otherwise legal.
B. Structures containing nonconforming residential uses, located in a nonresidential zoning district, may be expanded as long as the entire structure meets, at a minimum, the parking and building code requirements for office or retail use.
C. Structures containing nonconforming residential uses, located in a residential zoning district, may only be expanded if the nonconforming use of the structure is eliminated.
D. Structures containing nonconforming nonresidential uses may not be expanded.
E. Ordinary repairs including the repair or replacement of walls, doors, windows, roof, fixtures, wiring, and plumbing may be made to structures containing nonconforming residential uses.
F. Ordinary maintenance including the repair of walls, doors, windows, roof, fixtures, wiring, and plumbing may be made to structures containing nonconforming nonresidential uses.
G. When the nonconforming use of a structure, land, or structure and land in combination is voluntarily discontinued or abandoned for one year or more, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall extinguish the nonconforming use of the land. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.050].
17.140.060 Parking.
A. A nonconforming residential structure may be enlarged or expanded without requiring additional parking under Chapter 17.175 KIBC, as long as the number of dwelling units in the structure is not increased.
B. A nonconforming nonresidential structure may be changed to another legal use without requiring additional parking under Chapter 17.175 KIBC as long as the new use of the structure requires no more parking spaces than the previous nonconforming use. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.060].
17.140.070 Prior construction.
Nothing in this chapter requires a change in the plans, construction, or designated use of any building on which actual construction was legally begun prior to the effective date of adoption or amendment of the ordinances codified in this title and upon which actual building construction has been diligently carried on. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997; Ord. 86-18-O §3, 1986. Formerly §17.36.070].
17.140.080 Exception – Junkyards.
Junkyards, as defined in Chapter 17.25 KIBC, located in any district other than an I industrial district, are a public nuisance and are not entitled to the protective provisions of this chapter. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.080].
17.140.085 Exception – Relocation of mobile homes displaced by a change of land use.
Sunset December 31, 2018.
17.140.090 Exceptions.
When a lot, structure, or use was authorized by the provisions of former Chapter 17.65 KIBC concerning an application for an exception, but which does not meet the current requirements of this title, it shall be considered to have nonconforming status and be permitted to continue within the limits set forth in this chapter. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.090].
17.140.100 Definitions.
For purposes of this chapter, the following zoning districts are considered residential zoning districts:
WH – Wildlife Habitat District (Chapter 17.40 KIBC);
C – Conservation District (Chapter 17.50 KIBC);
RD – Rural Development District (Chapter 17.55 KIBC);
RR2 – Rural Residential Two District (Chapter 17.60 KIBC);
RR – Rural Residential District (Chapter 17.65 KIBC);
RR1 – Rural Residential One District (Chapter 17.70 KIBC);
R1 – Single-Family Residential District (Chapter 17.75 KIBC);
R2 – Two-Family Residential District (Chapter 17.80 KIBC);
R3 – Multifamily Residential District (Chapter 17.85 KIBC).
For purposes of this chapter all other zoning districts are considered to be nonresidential zoning districts. [Ord. FY2016-04 §2, 2015; Ord. 97-09 §2, 1997. Formerly §17.36.100].