Kodiak Island Borough
City Zoning Code
City Zoning Code
17.150 Projections
into Required Yards
17.150.010 Projections into required setbacks.
Where setbacks are required, they shall not be less in depth or width than the required minimum dimensions in any part, and they shall be at every point open and unobstructed from the ground to the sky, except as permitted in KIBC 17.150.020 through 17.150.040. In addition, a minimum of a five-foot-wide developed1 access from the front yard to the rear yard must be maintained through the side yard on one side of a lot. [Ord. 90-40 §2, 1992; Ord. 83-71-O §3, 1983. Formerly §17.40.010].
1“Developed” means clear (i.e., nothing may be in the five-foot width, except for structures that promote access), free, and walkable in order to permit emergency personnel access.
17.150.020 Architectural feature projections.
A. In Residential Zoning Districts.
1. Awnings, canopies, cornices, building projections, cantilevers, window seats, bay windows, and other similar architectural features are only permitted to project into a required front or rear setback and only for a distance not to exceed two feet, provided any adopted Uniform Building Code requirement for separation of structures is maintained.
2. Eaves are permitted to project into a required side setback for a distance not to exceed two feet and into a required front or rear setback for a distance not to exceed three feet, provided any adopted Uniform Building Code requirement for separation of structures is maintained.
3. Should a structure employ the use of more than one architectural feature, the total projection shall not exceed the maximum established in subsections (A)(1) and (2) of this section.
4. An architectural feature projection will not be used to establish a new front setback line on the lot or adjacent lots. In no case may such projection project over a property line.
B. In Nonresidential Zoning Districts.
1. Eaves, awnings, canopies, cornices, building projections, cantilevers, window seats, bay windows, and other similar architectural features are permitted to project into any required setback, provided any adopted Uniform Building Code requirement for separation of structures is maintained.
2. An architectural feature projection is permitted to project into a right-of-way, provided the owner of the property provides written authorization.
3. An architectural feature projection may project over a property line, provided the owner of the property provides written authorization.
C. Permitted architectural projections shall be identified on the site plan for a permitted structure, either as a note or design feature and will be identified on the zoning compliance permit. [Ord. 90-40 §2, 1992. Formerly §17.40.020].
17.150.030 Equipment – Outdoor storage and minor structural development projections.
A. Equipment/Outdoor Storage and Minor Structural Developments Generally.
1. “Equipment/outdoor storage” means items that are customarily subordinate and incidental to the use of the land. Equipment/outdoor storage can be freestanding or attached to a structure. Examples of equipment/outdoor storage that is specifically permitted to project into required setbacks are identified in Table 1 of KIBC 17.150.040.
2. “Minor structural development” means those minor appurtenances to development that are customarily subordinate and incidental to land use and structures. Minor structural development does not require a building permit or if less than 30 inches above finished grade. It may include items that can be defined as equipment. Examples of minor structural development that is specifically permitted to project into required setbacks are identified in Table 1 of KIBC 17.150.040.
B. Projections into Setbacks. Equipment/outdoor storage and minor structural development, as identified in Table 1 of KIBC 17.150.040, is only permitted to locate within a required setback as long as it does not reduce the number of available required off-street parking spaces. Equipment/outdoor storage and minor structural development shall not encroach onto adjoining property or public rights-of-way unless written approval is obtained from the land owner. Zoning compliance is not required for equipment/outdoor storage and minor structural development. [Ord. 90-40 §2, 1992. Formerly §17.40.030].
17.150.040 Structural projections.
A. Projections into Setbacks. Structural developments, as identified in Table 1 of this section, are permitted to project into required setbacks subject to the following conditions:
1. Outside stairways, decks and parking ramps, if unroofed2 and unenclosed, may project into a required side setback, if they provide access3 to the rear yard; provided, any adopted Uniform Building Code requirement for separation of structures is maintained;
2. In no case may such projections (with the exception of parking ramps, which are permitted to project into rights-of-way) project over a property line in a residential zoning district. A structural projection into a required setback is permitted to project into a right-of-way and to project over a property line in a nonresidential zoning district, provided the owner of the property provides written authorization;
3. No structural projection may reduce the number of available required off-street parking spaces; and
4. Enclosed entries onto existing nonconforming structures, which are nonconforming due to encroachment into the standard front setback, subject to the following limitations:
a. The enclosed entry cannot reduce any required parking;
b. The enclosed entry cannot exceed 25 percent of the face of the building to which it will be attached;
c. The enclosed entry cannot encroach more than six feet into a required front or rear setback and shall not be closer than five feet to the front or rear property line. Enclosed entries shall not encroach into any side setback; and
d. The enclosed entry will not be used to establish a new front setback line on the lot or on adjacent lots.
B. Site Plan Review. Permitted structural projections into required setbacks shall be identified on a site plan and require zoning compliance.
Table 1. Projections into Required Setbacks
X = PERMITTED O = NOT PERMITTED C = CONDITIONAL | EQUIPMENT/OUTDOOR STORAGE | MINOR STRUCTURAL DEVELOPMENT | STRUCTURES | ||||||
|---|---|---|---|---|---|---|---|---|---|
EXAMPLES | FRONT | REAR | SIDE | FRONT | REAR | SIDE | FRONT | REAR | SIDE |
Barbecue | O | X | O | ||||||
Firewood | O | X | O | ||||||
Fishing gear* | O | X | O | ||||||
Flagpoles | X | X | O | ||||||
Mail boxes | X | X | X | ||||||
Play equipment | X | X | O | ||||||
Satellite dishes | O | X | O | ||||||
Storage tanks (buried) | X | X | X | ||||||
Storage tanks (above ground) | O | X | O | ||||||
Vehicles | X | X | C | ||||||
Other similar items | C | X | C | ||||||
Accessory buildings | O | X | O | ||||||
Benches | X | X | O | ||||||
Boardwalks/sidewalks | X | X | X | ||||||
Decks | X | X | X | ||||||
Docks** | X | X | X | ||||||
Fences | X | X | X | ||||||
Outside stairs | X | X | X | ||||||
Other similar items | C | X | C | ||||||
Outside stairways | X | X | X | ||||||
Enclosed entries | X | C | C | ||||||
Decks | X | X | X | ||||||
Parking ramps | X | X | X | ||||||
Other similar items | C | X | C | ||||||
*Where permitted by zoning district regulations.
**Dock means a minor structural development, less than 30 inches above mean high water, exclusive of handrails and seats traditionally associated with the use of a water body for recreational purposes and the tie-down of float planes.
2Does not include the eaves of the main structure.
3A minimum of 36 inches in width.
[Ord. 90-40 §2, 1992. Formerly §17.40.040].
17.150.010 Projections into required setbacks.
Where setbacks are required, they shall not be less in depth or width than the required minimum dimensions in any part, and they shall be at every point open and unobstructed from the ground to the sky, except as permitted in KIBC 17.150.020 through 17.150.040. In addition, a minimum of a five-foot-wide developed1 access from the front yard to the rear yard must be maintained through the side yard on one side of a lot. [Ord. 90-40 §2, 1992; Ord. 83-71-O §3, 1983. Formerly §17.40.010].
1“Developed” means clear (i.e., nothing may be in the five-foot width, except for structures that promote access), free, and walkable in order to permit emergency personnel access.
17.150.020 Architectural feature projections.
A. In Residential Zoning Districts.
1. Awnings, canopies, cornices, building projections, cantilevers, window seats, bay windows, and other similar architectural features are only permitted to project into a required front or rear setback and only for a distance not to exceed two feet, provided any adopted Uniform Building Code requirement for separation of structures is maintained.
2. Eaves are permitted to project into a required side setback for a distance not to exceed two feet and into a required front or rear setback for a distance not to exceed three feet, provided any adopted Uniform Building Code requirement for separation of structures is maintained.
3. Should a structure employ the use of more than one architectural feature, the total projection shall not exceed the maximum established in subsections (A)(1) and (2) of this section.
4. An architectural feature projection will not be used to establish a new front setback line on the lot or adjacent lots. In no case may such projection project over a property line.
B. In Nonresidential Zoning Districts.
1. Eaves, awnings, canopies, cornices, building projections, cantilevers, window seats, bay windows, and other similar architectural features are permitted to project into any required setback, provided any adopted Uniform Building Code requirement for separation of structures is maintained.
2. An architectural feature projection is permitted to project into a right-of-way, provided the owner of the property provides written authorization.
3. An architectural feature projection may project over a property line, provided the owner of the property provides written authorization.
C. Permitted architectural projections shall be identified on the site plan for a permitted structure, either as a note or design feature and will be identified on the zoning compliance permit. [Ord. 90-40 §2, 1992. Formerly §17.40.020].
17.150.030 Equipment – Outdoor storage and minor structural development projections.
A. Equipment/Outdoor Storage and Minor Structural Developments Generally.
1. “Equipment/outdoor storage” means items that are customarily subordinate and incidental to the use of the land. Equipment/outdoor storage can be freestanding or attached to a structure. Examples of equipment/outdoor storage that is specifically permitted to project into required setbacks are identified in Table 1 of KIBC 17.150.040.
2. “Minor structural development” means those minor appurtenances to development that are customarily subordinate and incidental to land use and structures. Minor structural development does not require a building permit or if less than 30 inches above finished grade. It may include items that can be defined as equipment. Examples of minor structural development that is specifically permitted to project into required setbacks are identified in Table 1 of KIBC 17.150.040.
B. Projections into Setbacks. Equipment/outdoor storage and minor structural development, as identified in Table 1 of KIBC 17.150.040, is only permitted to locate within a required setback as long as it does not reduce the number of available required off-street parking spaces. Equipment/outdoor storage and minor structural development shall not encroach onto adjoining property or public rights-of-way unless written approval is obtained from the land owner. Zoning compliance is not required for equipment/outdoor storage and minor structural development. [Ord. 90-40 §2, 1992. Formerly §17.40.030].
17.150.040 Structural projections.
A. Projections into Setbacks. Structural developments, as identified in Table 1 of this section, are permitted to project into required setbacks subject to the following conditions:
1. Outside stairways, decks and parking ramps, if unroofed2 and unenclosed, may project into a required side setback, if they provide access3 to the rear yard; provided, any adopted Uniform Building Code requirement for separation of structures is maintained;
2. In no case may such projections (with the exception of parking ramps, which are permitted to project into rights-of-way) project over a property line in a residential zoning district. A structural projection into a required setback is permitted to project into a right-of-way and to project over a property line in a nonresidential zoning district, provided the owner of the property provides written authorization;
3. No structural projection may reduce the number of available required off-street parking spaces; and
4. Enclosed entries onto existing nonconforming structures, which are nonconforming due to encroachment into the standard front setback, subject to the following limitations:
a. The enclosed entry cannot reduce any required parking;
b. The enclosed entry cannot exceed 25 percent of the face of the building to which it will be attached;
c. The enclosed entry cannot encroach more than six feet into a required front or rear setback and shall not be closer than five feet to the front or rear property line. Enclosed entries shall not encroach into any side setback; and
d. The enclosed entry will not be used to establish a new front setback line on the lot or on adjacent lots.
B. Site Plan Review. Permitted structural projections into required setbacks shall be identified on a site plan and require zoning compliance.
Table 1. Projections into Required Setbacks
X = PERMITTED O = NOT PERMITTED C = CONDITIONAL | EQUIPMENT/OUTDOOR STORAGE | MINOR STRUCTURAL DEVELOPMENT | STRUCTURES | ||||||
|---|---|---|---|---|---|---|---|---|---|
EXAMPLES | FRONT | REAR | SIDE | FRONT | REAR | SIDE | FRONT | REAR | SIDE |
Barbecue | O | X | O | ||||||
Firewood | O | X | O | ||||||
Fishing gear* | O | X | O | ||||||
Flagpoles | X | X | O | ||||||
Mail boxes | X | X | X | ||||||
Play equipment | X | X | O | ||||||
Satellite dishes | O | X | O | ||||||
Storage tanks (buried) | X | X | X | ||||||
Storage tanks (above ground) | O | X | O | ||||||
Vehicles | X | X | C | ||||||
Other similar items | C | X | C | ||||||
Accessory buildings | O | X | O | ||||||
Benches | X | X | O | ||||||
Boardwalks/sidewalks | X | X | X | ||||||
Decks | X | X | X | ||||||
Docks** | X | X | X | ||||||
Fences | X | X | X | ||||||
Outside stairs | X | X | X | ||||||
Other similar items | C | X | C | ||||||
Outside stairways | X | X | X | ||||||
Enclosed entries | X | C | C | ||||||
Decks | X | X | X | ||||||
Parking ramps | X | X | X | ||||||
Other similar items | C | X | C | ||||||
*Where permitted by zoning district regulations.
**Dock means a minor structural development, less than 30 inches above mean high water, exclusive of handrails and seats traditionally associated with the use of a water body for recreational purposes and the tie-down of float planes.
2Does not include the eaves of the main structure.
3A minimum of 36 inches in width.
[Ord. 90-40 §2, 1992. Formerly §17.40.040].