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].