FY2018-14 Amending KIBC 17.15 General Provisions And Use Regulations, KIBC 17.25 Definitions, KIBC 17.195 Variances, KIBC 17.200 Conditional Use Permits And KIBC 17.205 Amendments And Changes Making Certain Administrative And Land Use Processes Consistent1
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Introduced by: Borough Manager
Drafted by: CDD Director
Introduced on: 01/18/2018
Public Hearing Date: 02/01/2018
Amended: 02/01/2018
Adopted on: 02/01/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-14
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KIBC 17.15 GENERAL PROVISIONS AND USE REGULATIONS, KIBC 17.25 DEFINITIONS,
KIBC 17.195 VARIANCES, KIBC 17.200 CONDITIONAL USE PERMITS, AND KIBC 17.205
AMENDMENTS AND CHANGES MAKING CERTAIN ADMINISTRATIVE LAND USE
PROCESSES CONSISTENT
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY 2008-10) to replace the
1968 Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with
AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and after report
thereon by the commission and public hearing as required by law, amend, supplement, modify,
repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, Title 17 (Zoning) has not been comprehensively updated since the early 1980s
and contains inconsistencies relating to administrative land use actions that have presented
challenges for staff and the public; and
WHEREAS, the Community Development Department has requested modifications to the
language in KIBC 17.15, KIBC 17.195, KIBC 17.200, and KIBC 17.205 to provide consistency
and clarification; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed changes at a work
sessions on October 18, 2017 and November 8, 2017; and
WHEREAS, the Planning and Zoning Commission, following public hearings on October 25,
2017 and November 29, 2017, voted to transmit their recommendations for revisions to Title 17
to the Borough Assembly; and
Kodiak Island Borough, Alaska Ordinance No. FY2018-14
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WHEREAS, the Borough Assembly reviewed the proposed changes at work sessions on
January 11, 2017 and January 25, 2018; and
WHEREAS, the Borough Assembly held a public hearing on February 1, 2018.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Chapter 17.15 General Provisions and Use Regulations, Chapter 17.25
Definitions, Chapter 17.195 Variances, Chapter 17.200 Conditional Use Permits, and Chapter
17.205 Amendments and Changes of the Kodiak Island Borough Code of Ordinances are
amended to read as follows:
Chapter 17.15
GENERAL PROVISIONS AND USE REGULATIONS
17.15.050 Approval by planning and zoning commission.
When it is stated in this title that uses are permitted subject to approval by the commission, an
application for consideration shall be submitted to the community development department with
a site plan. The commission shall make its findings within 40 days of the date the aPpliGat'en�s
submitted 90 days afterthe date of the next available meeting agenda deadline, unless such
time limit has been extended by common consent and agreement of the applicant and the
commission, and notify the applicant, in writing, of the decision. If denied, the commission shall
state the reasons for denial and the avenues of appeal available to the applicant.
Chapter 17.25
DEFINITIONS
17.25.170 P definitions.
"Parking zone" means a strip of land 25 feet in width immediately adjacent to the clear zone along
the municipal airport and on that side of the clear zone which is farthest from the gravel runway.
No structure may be constructed, erected, or placed within the parking zone except motor vehicles
and aircraft. Motor vehicles used for storage or living or sleeping accommodations are not
permitted within parking zones. 'Parking zone" also means a water area 30 feet in width on Lilly
Lake, measured out from the existing shoreline of the lake, within which seaplanes may be parked
or stored.
"Person" means a natural person, his heirs, executors, administrators, or assigns, and also
includes firm, partnership, or corporation, its or their successors or assigns, or the agent of any
of the aforesaid.
Kodiak Island Borough, Alaska Ordinance No. FY2018-14
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"Premises" means a lot, together with all buildings and structures thereon.
"Property owner" means the land owner shown on the latest borough tax assessment roll.
Chapter 17.195
VARIANCES
Sections:
17.195.010
Authority and purpose.
17.195.020
Application and fee.
17.195.030
Investigation.
17.195.040
Public hearing and notice.
17.195.050
Approval or denial.
17.195.060
Conditions.
17.195.070
Eff� eve date. Repealed.
17.195.080
Cancellation.
17.195.090
Appeals.
17.195.100
Stay pending appeal.
17.195.010 Authority and purpose.
The commission shall review and act upon applications for variances. Variances are provided
for by this chapter for the purpose of relaxing zoning district requirements in special
circumstances.
17.195.020 Application and fee.
A. An application for a variance may be filed by a property owner or his authorized agent. The
nWGatian shall be made OR a f..rm pFeyided by the ....mm nity deyelnnmeRt L.paFtment and
aGGempanied by the FequiFed fee and site plan. All applications shall be available for public
inspection.
B. An application for a variance shall be filed with the department on a form provided. The
application for a variance shall be accompanied by the required fee and a detailed site
plan.
17.195.030 Investigation.
An investigation of the variance request shall be made and a written report provided to the
commission by the community development department. The findings required to be made by the
commission shall be specifically addressed in the report.
17.195.040 Public hearing and notice.
A. The commission shall hold a public hearing on each properly submitted application for a
variance within 90 50 werk+ag days after the date of the next available meeting agenda deadline.
The applicant shall be notified of the date of such hearing.
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B. The community development department shall send to each owner of property within a
nFIiStRnGP of 300 feet f a prescribed distance from the exterior boundary of the lot or
parcel of land described in the application, notice of the time and place of the public hearing, a
description of the property involved, its street address, and the action requested by the applicant.
Prescribed distances are as follows:
1. Lots less than or equal to .5 acres require a notification area measured at 500 feet.
2. Lots greater than .5 acres and less than or equal to 1 acre require a notification area
measured at 750 feet.
3. Lots greater than 1 acre and less than or equal to 2 acres require a notification area
measured at 1.000 feet.
4. Lots greater than two acres and less than or equal to 5 acres require a notification area
measured at 1,500 feet.
5. Lots greater than 5 acres require a notification area measured at 2.500 feet.
C. In instances where the subject property is located within the jurisdiction of a local
municipal or tribal government, the community development department shall also send
notice to those government entities.
D. The applicant shall provide notice of the public hearing by posting the parcel(s) subject
to the application for a variance with notice that is clearly legible from each improved street
adjacent to the land. The notices shall be in the standardized form provided by the
community development department and shall be posted for at least 20 days prior to the
date of the public hearing.
E.
`ax assessment •^" Notice shall also be provided in accordance with state law by legal publication
in local newspapers.
17.195.050 Approval or denial.
After the public hearing described in KIBC
17.195.040, the commission shall render its decision, unless such time limit has been extended
by common consent and agreement of the applicant and the commission.
A. Approval. If it is the finding of the commission, after consideration of staffs the inaestigata s
report and receipt of testimony at the public hearing, that the use proposed in the application, or
under appropriate conditions or restrictions, meets all of the following, the variance shall be
granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or
to its intended use or development which do not apply generally to other properties in the same
land use district;
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2. That the strict application of the provisions of this title would result in practical difficulties or
unnecessary hardship;
3. That the granting of the variance will not result in material damage or prejudice to other
properties in the vicinity nor be detrimental to the public's health, safety or general welfare;
4. That the granting of the variance will not be contrary to the objectives of the comprehensive
plan;
5. That actions of the applicant did not cause special conditions or financial hardship or
inconvenience from which relief is being sought by a variance; and
6. That granting the variance will not permit a prohibited land use in the district involved.
B. Denial. If the commission finds, after consideration of staffs the report and
receipt of testimony at the public hearing, that it cannot make all of the required findings in
subsection A of this section it shall deny the variance.
17.195.060 Conditions.
The commission, in granting the variance, may establish conditions under which a lot or parcel of
land may be used or a building constructed or altered; make requirements as to architecture,
height of building or structure, open spaces or parking areas; require conditions of operations of
an enterprise; or make any other conditions, requirements or safeguards that it may consider
necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough.
When necessary, the commission may require guarantees in such form as deemed proper under
the circumstances to ensure that the conditions designated will be complied with.
17.195.080 Cancellation.
Failure to utilize an approved variance within 42 24 months after its ^K� eve date the
commission's granting of the variance shall cause its cancellation.
17.195.090 Appeals.
An appeal of the commission's decision to grant or deny a variance may be taken by any persea
eFparty-aggrieved entitled to appeal the decision under KIBC 17.225.030. Bush appeal shall
hp take.. ..i V{.'n in days of the date .S the .. S deGiSiOR by Min with the bear rl f
thereef. Right of appeal is forfeited unless the appeal specifying the grounds thereof is
filed in writing with the borough clerk within 20 days of the commission's decision.
17.195.100 Stay pending appeal.
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An appeal from a decision granting a variance stays the decision appealed from until there is a
Final decision on the appeal.
Chapter 17.200
CONDITIONAL USE PERMITS
Sections:
17.200.010 Intent.
17.200.020 Application and fee.
17.200.030 Site plan.
17.200.040 Public hearing and notice.
17.200.050 Standards. Approval or denial.
17.200.060 Stipulations. Conditions.
17.200.070 AGtion by ^'^^ ^^ and aGning GOMFnissien. Repealed.
17.200.080 Appeals Cancellation.
17.200.090 Appeals.
17.200.100 Stay pending appeal.
17.200.010 Intent.
It is recognized that there are land uses which are generally considered appropriate in certain
zoning districts; provided, that controls and safeguards are applied to ensure their compatibility
with permitted principal uses. The conditional use permit procedure is intended to allow
consideration of the impact of the proposed conditional use on surrounding property, and the
application of controls and safeguards to assure that the conditional use will be compatible with
the surrounding area.
17.200.020 Application and fee.
A. An application to the community development department for a conditional use or modification
of an existing conditional use may be initiated by a property owner or his authorized agent.
B. An application for a conditional use shall be filed with the department on a form provided. The
application for a conditional use permit shall be accompanied by a filing the required fee,
established by resolution of the assembly, payable to the bGFG gh and site plan.
17.200.030 Site plan.
A detailed site plan showing the proposed location of all buildings and structures on the site,
access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the
specific location of the use or uses to be made of the development shall be submitted with the
application, together with other information as may be required to comply with the standards for
a conditional use listed in this chapter and in other pertinent sections of this chapter.
17.200.040 Public hearing and notice.
The commission shall hold a public hearing on each properly submitted application for a
conditional use permit within 90 59 wer-kiag days after the date of the next available meeting
agenda deadline. The community development department shall give notice of the hearing -as
regWired in the same manner prescribed for variances in KIBC 17.195.040.
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17.200.050 Standards Approval or denial.
After the public hearing described in KIBC 17.200.040, the commission shall render its
decision, unless such time limit has been extended by common consent and agreement of
the applicant and the commission.
A. Approval. If it is the finding of the commission, after consideration of staffs report and
receipt of testimony at the public hearing, that the use proposed in the application, or
under appropriate conditions or restrictions, meets all of the following, the conditional use
permit shall be granted:
Al. That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area;
€2. That the conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question;
S3. That granting the conditional use permit will not be harmful to the public health, safety,
convenience and comfort;
94. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet
the conditions listed in subsections Al through S3 of this section;
€5. If the permit is for a public use or structure, the commission must find that the proposed use
or structure is located in a manner which will maximize public benefits.
B. Denial. If the commission finds, after consideration of staffs report and receipt of
testimony at the public hearing, that it cannot make all of the required findings in
subsection A of this section it shall deny the conditional use permit.
17.200.060 Stipulations Conditions.
In recommending the granting of a conditional use, the commission shall stipulate condition, in
writing, requirements which it finds necessary to carry out the intent of this chapter. These
stipulaiiens conditions may increase the required lot or yard size, control the location and
number of vehicular access points to the property, require screening and landscaping where
necessary to reduce noise and glare, and maintain the property in a character in keeping with the
surrounding area; or may impose other conditions and safeguards designed to ensure the
compatibility of the conditional use with other uses in the district.
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17.200.080 Cancellation.
Failure to utilize an approved conditional use permit within 24 months after the
commission's granting of the conditional use permit shall cause its cancellation.
17.200.0890 Appeals.
The commission's action may be appealed to the assembly by any party entitled to appeal the
decision under KIBC 17.225.030. Right of appeal is forfeited unless the appeal specifying the
grounds thereof is filed in writing with the borough clerk within 20 seasesuiive days of the
commission's decision.
17.200.100 Stay pending appeal.
An appeal from a decision granting a conditional use permit stays the decision appealed
from until there is a final decision on the appeal.
Chapter 17.205
AMENDMENTS AND CHANGES
Sections:
17.205.010
Authority.
17.205.020
Report from planning and zoning commission.
17.205.030
Manner of initiation.
17.205.040
Hearing and notice on rezones beuadary shaage.
17.205.050
Rezones Bou adary-ehaage may include additional property.
17.205.055
Submission to assembly.
17.205.060
Hearing determination.
17.205.070
Hearing — Required — Notice.
17.205.080
Repealed.
17.205.010 Authority.
Whenever the public necessity, convenience, general welfare or good zoning practice requires,
the assembly may, by ordinance and after report thereon by the commission and public hearing
as required by law, amend, supplement, modify, repeal or otherwise change these regulations
and the boundaries of the districts.
17.205.020 Report from planning and zoning commission.
The commission shall report in writing to the assembly on any proposed change or amendment
regardless of the manner in which such change is initiated and such report shall find:
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan; and
C. Recommendations as to the approval or disapproval of the change or amendment.
Kodiak Island Borough, Alaska Ordinance No. FY2018-14
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17.205.030 Manner of initiation.
Changes in this title may be initiated in the following manner:
A. The assembly upon its own motion;
B. The commission upon its own motion; and
C. By petition of one or more owners of property within an area proposed to be rezoned. A petition
shall be in the form of an application for a change in the boundary of a zoning district, shall be
filed in the community development department, be accompanied by the required fee and such
data and information as may be necessary to assure the fullest practicable presentation of facts
and shall set forth reasons and justification for proposing such change.
The commission shall hold a public hearing on each properly submitted application for a
rezone within 90 days after the date of the next available meeting agenda deadline. The
community development department shall give notice of the hearing as required in the
same manner prescribed for variances in KIBC 17.195.040.
17.205.050 Rezones Beundary change may include additional property.
When the commission deems it necessary or expedient, it may consider other property for change
or amendment in addition to the property described in an application for change in the boundary
of a zoning district, and may include such additional property in the notices of public hearing and
consider amendments relating to such property at the public hearing.
17.205.055 Submission to assembly.
A. Within 30 days after the commission has acted favorably upon a proposed zoning change in
accordance with the above provisions, a report with recommendations shall be submitted to the
assembly together with the proposed ordinance. Such recommendations of the commission shall
be advisory only and shall not be binding upon the assembly. When an ordinance has been
forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice
shall be issued as provided in KIBC 17.205.070 by the clerk.
B. If the commission recommends denial of any proposed amendment, its action shall be final
unless the initiating party, within 20 days of the commission's decision, files an appeal
Kodiak Island Borough, Alaska
Ordinance No. FY2018-14
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specifying the grounds thereof in writing with the borough clerk a=: hien statement • it
the Glerk Fequesting that the Gornmission's action be taken up by the assembi .
17.205.060 Hearing determination.
The assembly shall consider an application or commission recommendation for change in the
boundary of a district or any other commission recommendation proposing a change in this title,
and the report of the commission at its next regular meeting after receipt of such report. If, from
the facts presented and by the findings of the report of the commission, it is determined that the
public necessity, convenience, general welfare and good zoning practice requires the change or
amendment of any portion thereof, the assembly by ordinance shall effect such amendment,
supplement, change or reclassification.
17.205.070 Hearing — Required — Notice.
No ordinance of the assembly effecting an amendment, supplement, change or classification,
repeal of regulations or restrictions, the boundaries of zoning districts or classifications of
property shall become effective until after a public hearing in relation thereto at which parties in
interest and citizens shall have an opportunity to be heard. At least seven days' notice of the time
and place of such hearing shall be published in a paper of general circulation in the borough.
When the proposed amendment covers a change in the boundaries of in a zoning district, notice
to owners of property shall be given in the manner described in this title for variances.
17.205.080 Boundary change — Protest.
Repealed by Ord. 93-20.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIRST DAY OF FEBRUARY, 2018.
KODIAK ISLAND BOROUGH
A. Rohrer, Mayor
VOTES:
Ayes: Skinner, Smiley, Crow, Kavanaugh, Scroeder
Absent: Symmons, Van Daele
ATTEST:
na X Qa4��
Nova M. Javier, MMC,/Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2018-14
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