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Kenai Peninsula Borough, AK Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Height cap
2½ stories or 35 feet, whichever is less
Measured from
Average grade at four setback-line points
Applies in
Adopted R-1, R-2, R-W LOZDs
Daily fine
$300 per day, KPB 21.50.055
Enforcing agency
Kenai Peninsula Borough Planning Department

Summary

In an adopted Single-Family Residential (R-1) Local Option Zoning District in the Kenai Peninsula Borough outside the cities, KPB 21.44.160(C)(2) caps building height at two and a half stories above ground or 35 feet above average grade, whichever is less. The borough has no zoning-wide height limit; the cap applies only within a formed R-1 LOZD.

These county ordinances apply to unincorporated areas of Kenai Peninsula Borough. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

2.Maximum building height. Maximum building height shall be 2½ stories above ground or 35 feet above average grade, whichever is less

Full Breakdown

The borough imposes no general building-height limit for the unincorporated area; height caps exist only where property owners have petitioned to form a Local Option Zoning District (LOZD) under KPB 21.44.030. In a Single-Family Residential (R-1) LOZD, KPB 21.44.160(C)(2) limits structures to two and a half stories above ground or 35 feet above average grade, whichever is less. KPB 21.44.230 defines average grade as the mean of the grade elevations at the four points where an imaginary line parallel to the front and rear setback lines, and touching the proposed structure, intersects the required side setback lines, a method that lets the borough measure height consistently on sloped Kenai Peninsula terrain rather than from a single ground point.

The identical two-and-a-half-story, 35-foot standard repeats verbatim in the Small Lot Residential (R-2, KPB 21.44.165) and Residential Waterfront (R-W, KPB 21.44.175) LOZD types. The Rural Residential (R-R, KPB 21.44.170) and Multi-Family Residential (R-M, KPB 21.44.180) district standards omit a separate numeric height cap from their development-standards lists. Outside an adopted LOZD, and outside the cities of Kenai, Soldotna, Homer, Seward, Seldovia and Kachemak, no borough ordinance limits how tall a residential structure is built.

Violations & Fines

Building a structure taller than two and a half stories or 35 feet above average grade in an R-1, R-2 or R-W LOZD is a Development Standards violation of KPB 21.44.160(C) or its counterpart section, fined $300 per day under KPB 21.50.055; each day the oversized structure stands is a separate offense under KPB 21.44.150. The borough may also seek removal or alteration of the noncompliant structure through a civil action under KPB 21.50.040(A).

Frequently Asked Questions

How tall can I build in an R-1 LOZD?
KPB 21.44.160(C)(2) caps buildings at two and a half stories above ground or 35 feet above average grade, whichever produces the lower limit, inside an adopted Single-Family Residential Local Option Zoning District.
How is average grade measured?
KPB 21.44.230 defines it as the average of the grade elevations at the four points where a line parallel to the front and rear setbacks, touching the proposed structure, crosses the required side setback lines.
Does the height cap apply outside an LOZD?
No. The borough sets no general height limit for the unincorporated area; the two-and-a-half-story, 35-foot cap under KPB 21.44.160(C)(2) applies only inside a formed R-1 (or matching R-2/R-W) Local Option Zoning District.

Sources & Official References

Other rules in Kenai Peninsula Borough

All Kenai Peninsula Borough rules

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