Kodiak Island Borough
City Zoning Code
City Zoning Code
17.40 WH
Wildlife Habitat District
17.40.010 Description and intent.
The WH wildlife habitat zoning district is established for the purposes of protecting wildlife habitat, maintaining habitat productivity, providing for human use of fish and wildlife resources, and maintaining valid existing rights and uses. For the wildlife habitat district, in promoting the general purposes of this title, the specific intentions of this chapter are:
A. To protect and maintain wildlife habitat and its productivity;
B. Provide for human use of fish and wildlife resources and maintain valid existing rights and uses;
C. To prohibit industrial land uses; and
D. To restrict or prohibit livestock grazing in order to minimize conflicts with wildlife. [Ord. 81-43-O §1, 1981. Formerly §17.11.010].
17.40.020 Permitted uses.
The following land uses are permitted in the wildlife habitat district:
A. Accessory buildings;
B. Agricultural activities;
C. Fishing activities;
D. Hunting activities;
E. Recreational activities; and
F. Single-family dwellings. [Ord. 81-43-O §1, 1981. Formerly §17.11.020].
17.40.030 Conditional uses.
The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC:
A. Livestock grazing on privately owned land, only if the grazing will not:
1. Create undesirable competition with resident wildlife and forage;
2. Create a serious possibility of disease transmission between livestock and wildlife;
3. Require or increase the need for predator control;
4. Require the erection of fences or other barricades that would impair the movement of wildlife; or
5. Result in a demand for water that would adversely affect the existing quality and quantity of water in lakes and streams. [Ord. 81-43-O §1, 1981. Formerly §17.11.030].
17.40.040 Prohibited use.
The following land uses are prohibited:
A. Livestock grazing through a lease from the borough; and
B. Recreational vehicle parks. [Ord. FY2016-07 §2, 2016; Ord. 81-43-O §1, 1981. Formerly §17.11.040].
17.40.050 Area requirements.
A. Lot Area. The minimum lot area required is five acres.
B. Lot Width. The minimum lot width required is 250 feet. [Ord. 01-20 §2; Ord. 81-43-O §1, 1981. Formerly §17.11.050].
17.40.060 Setbacks from property lines.
A. Setbacks from Property Lines.
1. There is a required front yard setback of 25 feet, except that lots fronting on marine waters are exempt from any front yard setback.
2. There is a required side yard setback of 25 feet.
3. There is a required rear yard setback of 25 feet.
B. Setbacks from Anadromous Fish Water Bodies.
1. There is a required setback (preventing clearing, filling, excavation, or structural development) of 50 feet from the bank vegetation of anadromous fish water bodies that are specified pursuant to AS 16.05.870(a) and 5 AAC 95.010, except in the case of timber harvesting activities, whose required setback will be regulated by AS 41.17.010 through 41.17.950, as amended, and the regulations enacted thereunder. This provision shall not prevent removal in the setback area associated with a habitable residential, or recreational structure of:
a. Up to 50 percent of the trees; and
b. Other vegetation if a suitable ground cover (such as grass) is planted. [Ord. FY2018-13 §2, 2018; Ord. 01-20 §3. Formerly §17.11.060].
17.40.010 Description and intent.
The WH wildlife habitat zoning district is established for the purposes of protecting wildlife habitat, maintaining habitat productivity, providing for human use of fish and wildlife resources, and maintaining valid existing rights and uses. For the wildlife habitat district, in promoting the general purposes of this title, the specific intentions of this chapter are:
A. To protect and maintain wildlife habitat and its productivity;
B. Provide for human use of fish and wildlife resources and maintain valid existing rights and uses;
C. To prohibit industrial land uses; and
D. To restrict or prohibit livestock grazing in order to minimize conflicts with wildlife. [Ord. 81-43-O §1, 1981. Formerly §17.11.010].
17.40.020 Permitted uses.
The following land uses are permitted in the wildlife habitat district:
A. Accessory buildings;
B. Agricultural activities;
C. Fishing activities;
D. Hunting activities;
E. Recreational activities; and
F. Single-family dwellings. [Ord. 81-43-O §1, 1981. Formerly §17.11.020].
17.40.030 Conditional uses.
The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC:
A. Livestock grazing on privately owned land, only if the grazing will not:
1. Create undesirable competition with resident wildlife and forage;
2. Create a serious possibility of disease transmission between livestock and wildlife;
3. Require or increase the need for predator control;
4. Require the erection of fences or other barricades that would impair the movement of wildlife; or
5. Result in a demand for water that would adversely affect the existing quality and quantity of water in lakes and streams. [Ord. 81-43-O §1, 1981. Formerly §17.11.030].
17.40.040 Prohibited use.
The following land uses are prohibited:
A. Livestock grazing through a lease from the borough; and
B. Recreational vehicle parks. [Ord. FY2016-07 §2, 2016; Ord. 81-43-O §1, 1981. Formerly §17.11.040].
17.40.050 Area requirements.
A. Lot Area. The minimum lot area required is five acres.
B. Lot Width. The minimum lot width required is 250 feet. [Ord. 01-20 §2; Ord. 81-43-O §1, 1981. Formerly §17.11.050].
17.40.060 Setbacks from property lines.
A. Setbacks from Property Lines.
1. There is a required front yard setback of 25 feet, except that lots fronting on marine waters are exempt from any front yard setback.
2. There is a required side yard setback of 25 feet.
3. There is a required rear yard setback of 25 feet.
B. Setbacks from Anadromous Fish Water Bodies.
1. There is a required setback (preventing clearing, filling, excavation, or structural development) of 50 feet from the bank vegetation of anadromous fish water bodies that are specified pursuant to AS 16.05.870(a) and 5 AAC 95.010, except in the case of timber harvesting activities, whose required setback will be regulated by AS 41.17.010 through 41.17.950, as amended, and the regulations enacted thereunder. This provision shall not prevent removal in the setback area associated with a habitable residential, or recreational structure of:
a. Up to 50 percent of the trees; and
b. Other vegetation if a suitable ground cover (such as grass) is planted. [Ord. FY2018-13 §2, 2018; Ord. 01-20 §3. Formerly §17.11.060].