Kodiak Island Borough
City Zoning Code
City Zoning Code
17.160 Accessory
Buildings and Accessory Dwelling Units
17.160.010 Intent.
It is the intent of this chapter to set forth standards for the size and location of accessory buildings and accessory dwelling units. Hoop houses shall not be subject to the limitations of this chapter in all zoning districts where hoop houses are permitted. [Ord. FY2017-21 §2, 2017; Ord. FY2012-10 §12, 2012; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.010].
17.160.020 Definition.
“Accessory building” means:
A. A detached building, the use of which is appropriate, subordinate and customarily incidental to that of a main building, located on the same lot as the main building and which is not designed or intended to be used for living or sleeping purposes.
B. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall not less than four feet long or by a roofed passageway which shall not be less than eight feet in width.
C. Any structure, regardless of type of foundation or base support, including skid-mounted or other movable structure, that also requires a building permit for construction. A minor structural development that does not require a building permit is not regulated by this chapter.
D. A nonmotorized container van when used for the sole purpose of storing emergency response equipment in the Kodiak Island Borough and not placed on a permanent foundation. [Ord. FY2017-21 §2, 2017; Ord. 01-01 §2; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.020].
17.160.030 Permitted districts.
A. Accessory buildings are permitted in all land use districts that specifically allow for them.
B. In residential zoning districts, no accessory building shall be located on any lot in the absence of a main building used as a residence; except that in the case of a vacant lot, zoning compliance for an accessory building (used solely for the storage of tools and materials needed for the construction of the permitted residence) may be issued at the same time zoning compliance and a building permit are issued for a residence.
C. An accessory building as defined by KIBC 17.160.020(D) is permitted in all zoning districts with authorization from the local municipality and issuance of a zoning compliance permit. [Ord. FY2017-21 §2, 2017; Ord. 01-01 §3; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.030].
17.160.040 Height limit.
The maximum height of an accessory building is 35 feet. An exception to this section is any structure that meets the definition of an amateur radio antenna as outlined in AS 29.35.141. [Ord. FY2017-21 §2, 2017; Ord. 2006-08 §2; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.040].
17.160.050 Area.
A. The maximum lot coverage of the total of all accessory buildings on a lot shall not exceed 10 percent of the area of a lot except that on any lot of record, accessory buildings may cover a maximum of 600 square feet of the lot or 10 percent of the area of the lot, whichever is greater.
B. Accessory dwelling units are exempt from the lot coverage limitations of this section. [Ord. FY2017-21 §2, 2017; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.050].
17.160.060 Setbacks.
The minimum yard setback requirements for accessory buildings and accessory dwelling units are those established for the zoning district in which the accessory building or accessory dwelling unit will be located. [Ord. FY2017-21 §2, 2017; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.060].
17.160.070 Accessory dwelling units.
A. Intent. Accessory dwelling units (ADUs) add options and housing choice in residential neighborhoods and can be an effective way to add affordable housing to existing neighborhoods. ADUs also provide a flexible way to address family needs for additional housing. ADUs are not intended for use as transient housing and shall not be permitted for use as a bed and breakfast.
1. ADUs are not intended to allow a two-family residence in any single-family residential zoning district.
2. ADUs are not intended to circumvent the parking requirements for a two-family dwelling (duplex) in the R-2 zoning district.
B. Permitted Uses.
1. ADUs are a permitted use in the following residential zoning districts:
a. Chapter 17.50 KIBC, C – Conservation District;
b. Chapter 17.60 KIBC, RR2 – Rural Residential Two District;
c. Chapter 17.70 KIBC, RR1 – Rural Residential One District (attached);
d. Chapter 17.75 KIBC, R1 – Single-Family Residential District (attached);
e. Chapter 17.80 KIBC, R2 – Two-Family Residential District.
C. Conditional Uses.
1. ADUs are a conditional use in the following residential zoning districts:
a. Chapter 17.65 KIBC, RR – Rural Residential District;
b. Chapter 17.70 KIBC, RR1 – Rural Residential One District (detached);
c. Chapter 17.75 KIBC, R1 – Single-Family Residential District (detached).
D. Development Standards for ADUs.
1. Only one ADU shall be permitted on a lot.
2. Location. An ADU may be attached to or located within a single-family residence or within a detached accessory building on the same lot as the single-family residence or as a separate structure on that lot. If the ADU is located within a single-family dwelling, there shall only be one entrance to the front of the house. Separate entrances to an ADU located within the principal dwelling or attached to it are permitted at the side or the rear of the principal dwelling unit.
3. ADUs are required to comply with all applicable building and fire code requirements.
4. Water Supply and Wastewater Disposal. The accessory dwelling unit must have a bathroom and shall share the same sewage disposal and water supply systems (e.g., a well and septic system or connection to public water and sewer) as the principal dwelling unit unless separate sewer and water connections are required by the city of Kodiak, ADEC, or the communities of Ahkiok, Karluk, Larsen Bay, Old Harbor, Ouzinkie, or Port Lions.
5. Parking.
a. Five off-street parking spaces are required for any lot with an ADU that is 600 square feet or less (three for the existing dwelling unit and two for the ADU).
b. Six off-street parking spaces are required for any lot with an ADU that is greater than 600 square feet (three for the existing dwelling unit and three for the ADU).
6. Size Limit.
a. An ADU shall be limited to 575 square feet or less in the R1 and R2 districts. In all other districts an ADU shall be limited to 725 square feet or less.
b. Mobile homes, recreational vehicles, campers, and travel trailers are not permitted to be used as an ADU.
7. The owner of the property shall live in the principal dwelling or the ADU.
8. No new access points or driveways shall be created or installed for access to the ADU.
9. Nonconforming Structures.
a. ADUs may be located within an existing single-family detached dwelling that is nonconforming with respect to required setbacks, provided the ADU requirement for off-street parking is met.
b. ADUs are prohibited in any accessory structure that is nonconforming with respect to required setbacks.
10. Access for Emergency Services Providers.
a. The zoning compliance permit and site plan for an ADU must show the location of an unobstructed route of travel from the street to the ADU entrance.
b. Exterior doors and openings required by this code or the IBC shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from the apparatus access roads to exterior openings shall be provided when required by the fire code official.
11. Variances. Nothing in this section guarantees any property owner the right to create an accessory dwelling unit unless it conforms to all provisions in this section and in the section for the zoning designation of the specified lot. Limitations due to natural features, lot size, lot dimensions, building layout, or other physical or environmental factors shall not be reasons for granting a variance from the standards and provisions of this section and the section for the zoning designation of the specified lot. No variances shall be granted for the creation of an attached or detached accessory dwelling unit. [Ord. FY2019-20 §2, 2019; Ord. FY2017-21 §2, 2017].
17.160.010 Intent.
It is the intent of this chapter to set forth standards for the size and location of accessory buildings and accessory dwelling units. Hoop houses shall not be subject to the limitations of this chapter in all zoning districts where hoop houses are permitted. [Ord. FY2017-21 §2, 2017; Ord. FY2012-10 §12, 2012; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.010].
17.160.020 Definition.
“Accessory building” means:
A. A detached building, the use of which is appropriate, subordinate and customarily incidental to that of a main building, located on the same lot as the main building and which is not designed or intended to be used for living or sleeping purposes.
B. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall not less than four feet long or by a roofed passageway which shall not be less than eight feet in width.
C. Any structure, regardless of type of foundation or base support, including skid-mounted or other movable structure, that also requires a building permit for construction. A minor structural development that does not require a building permit is not regulated by this chapter.
D. A nonmotorized container van when used for the sole purpose of storing emergency response equipment in the Kodiak Island Borough and not placed on a permanent foundation. [Ord. FY2017-21 §2, 2017; Ord. 01-01 §2; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.020].
17.160.030 Permitted districts.
A. Accessory buildings are permitted in all land use districts that specifically allow for them.
B. In residential zoning districts, no accessory building shall be located on any lot in the absence of a main building used as a residence; except that in the case of a vacant lot, zoning compliance for an accessory building (used solely for the storage of tools and materials needed for the construction of the permitted residence) may be issued at the same time zoning compliance and a building permit are issued for a residence.
C. An accessory building as defined by KIBC 17.160.020(D) is permitted in all zoning districts with authorization from the local municipality and issuance of a zoning compliance permit. [Ord. FY2017-21 §2, 2017; Ord. 01-01 §3; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.030].
17.160.040 Height limit.
The maximum height of an accessory building is 35 feet. An exception to this section is any structure that meets the definition of an amateur radio antenna as outlined in AS 29.35.141. [Ord. FY2017-21 §2, 2017; Ord. 2006-08 §2; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.040].
17.160.050 Area.
A. The maximum lot coverage of the total of all accessory buildings on a lot shall not exceed 10 percent of the area of a lot except that on any lot of record, accessory buildings may cover a maximum of 600 square feet of the lot or 10 percent of the area of the lot, whichever is greater.
B. Accessory dwelling units are exempt from the lot coverage limitations of this section. [Ord. FY2017-21 §2, 2017; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.050].
17.160.060 Setbacks.
The minimum yard setback requirements for accessory buildings and accessory dwelling units are those established for the zoning district in which the accessory building or accessory dwelling unit will be located. [Ord. FY2017-21 §2, 2017; Ord. 90-31 §2, 1990; Ord. 82-14-O(A) §2, 1982. Formerly §17.51.060].
17.160.070 Accessory dwelling units.
A. Intent. Accessory dwelling units (ADUs) add options and housing choice in residential neighborhoods and can be an effective way to add affordable housing to existing neighborhoods. ADUs also provide a flexible way to address family needs for additional housing. ADUs are not intended for use as transient housing and shall not be permitted for use as a bed and breakfast.
1. ADUs are not intended to allow a two-family residence in any single-family residential zoning district.
2. ADUs are not intended to circumvent the parking requirements for a two-family dwelling (duplex) in the R-2 zoning district.
B. Permitted Uses.
1. ADUs are a permitted use in the following residential zoning districts:
a. Chapter 17.50 KIBC, C – Conservation District;
b. Chapter 17.60 KIBC, RR2 – Rural Residential Two District;
c. Chapter 17.70 KIBC, RR1 – Rural Residential One District (attached);
d. Chapter 17.75 KIBC, R1 – Single-Family Residential District (attached);
e. Chapter 17.80 KIBC, R2 – Two-Family Residential District.
C. Conditional Uses.
1. ADUs are a conditional use in the following residential zoning districts:
a. Chapter 17.65 KIBC, RR – Rural Residential District;
b. Chapter 17.70 KIBC, RR1 – Rural Residential One District (detached);
c. Chapter 17.75 KIBC, R1 – Single-Family Residential District (detached).
D. Development Standards for ADUs.
1. Only one ADU shall be permitted on a lot.
2. Location. An ADU may be attached to or located within a single-family residence or within a detached accessory building on the same lot as the single-family residence or as a separate structure on that lot. If the ADU is located within a single-family dwelling, there shall only be one entrance to the front of the house. Separate entrances to an ADU located within the principal dwelling or attached to it are permitted at the side or the rear of the principal dwelling unit.
3. ADUs are required to comply with all applicable building and fire code requirements.
4. Water Supply and Wastewater Disposal. The accessory dwelling unit must have a bathroom and shall share the same sewage disposal and water supply systems (e.g., a well and septic system or connection to public water and sewer) as the principal dwelling unit unless separate sewer and water connections are required by the city of Kodiak, ADEC, or the communities of Ahkiok, Karluk, Larsen Bay, Old Harbor, Ouzinkie, or Port Lions.
5. Parking.
a. Five off-street parking spaces are required for any lot with an ADU that is 600 square feet or less (three for the existing dwelling unit and two for the ADU).
b. Six off-street parking spaces are required for any lot with an ADU that is greater than 600 square feet (three for the existing dwelling unit and three for the ADU).
6. Size Limit.
a. An ADU shall be limited to 575 square feet or less in the R1 and R2 districts. In all other districts an ADU shall be limited to 725 square feet or less.
b. Mobile homes, recreational vehicles, campers, and travel trailers are not permitted to be used as an ADU.
7. The owner of the property shall live in the principal dwelling or the ADU.
8. No new access points or driveways shall be created or installed for access to the ADU.
9. Nonconforming Structures.
a. ADUs may be located within an existing single-family detached dwelling that is nonconforming with respect to required setbacks, provided the ADU requirement for off-street parking is met.
b. ADUs are prohibited in any accessory structure that is nonconforming with respect to required setbacks.
10. Access for Emergency Services Providers.
a. The zoning compliance permit and site plan for an ADU must show the location of an unobstructed route of travel from the street to the ADU entrance.
b. Exterior doors and openings required by this code or the IBC shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from the apparatus access roads to exterior openings shall be provided when required by the fire code official.
11. Variances. Nothing in this section guarantees any property owner the right to create an accessory dwelling unit unless it conforms to all provisions in this section and in the section for the zoning designation of the specified lot. Limitations due to natural features, lot size, lot dimensions, building layout, or other physical or environmental factors shall not be reasons for granting a variance from the standards and provisions of this section and the section for the zoning designation of the specified lot. No variances shall be granted for the creation of an attached or detached accessory dwelling unit. [Ord. FY2019-20 §2, 2019; Ord. FY2017-21 §2, 2017].