Commission reviews assisted‑living ordinance draft; staff to seek attorney input and state data

The Kodiak Island Borough Planning and Zoning Commission examined a draft ordinance on Jan. 8 that would add definitions and zoning rules for assisted‑living homes and assisted‑living facilities. The draft distinguishes assisted living homes (licensed by the state for up to five residents) from assisted living facilities (more than five residents) and proposes where each would be permitted or allowed by conditional use.

Why it matters: the draft clarifies how assisted‑living uses fit into residential zoning, links local land‑use review to state licensing, and flags building‑ and fire‑code differences that affect where and how care facilities may operate.

Staff told the commission that assisted‑living uses are licensed by the state and that state licensing affects building‑code classifications. The borough building official advised commissioners that building and fire code requirements apply to both small and larger facilities and that the code classification changes at higher occupancies—for example, when an occupancy reaches around 17 people an IBC (International Building Code) classification rather than IRC (International Residential Code) rules may apply.

The draft would treat an assisted‑living home (up to five residents) as a permitted use in most residential zones but would make assisted‑living homes and assisted‑living facilities conditional uses in certain lower‑density zones (the draft cites R1 and R2 as examples and would permit assisted living in R3). During discussion commissioners asked who determines whether a proposed facility is "compatible with a residential zoning district." Staff replied that compatibility in conditional‑use cases would be determined through the conditional‑use permit review process by the commission.

Commissioners also discussed that assisted‑living is not limited to elderly residents; state definitions include people with disabilities. The director advised the commission that the borough had requested state records about how many assisted‑living facilities currently operate in the borough but that staff had not yet received a response from the state. One commissioner recalled two known facilities in town but staff said they would follow up with the state and report back.

On related points, staff clarified that a facility located above the hospital is a skilled‑nursing or long‑term care facility under state definitions and is governed by different state requirements, including, in some cases, a certificate‑of‑need process. The commission suggested returning the draft after the borough attorney's review; staff agreed an additional attorney review was prudent and recommended bringing the ordinance back to a future work session rather than rushing it to a public hearing.

What comes next: staff will ask the borough attorney to review the draft, follow up with the state to confirm the number and licensing status of existing assisted‑living facilities in the borough, and return with recommended language and any code clarifications. No formal action was taken at the Jan. 8 work session.