FY2018-19 Amending KIBC 17.15 General Provisions And Use Regularions, KIBC 17.215 Review Of Planning Ang Zoning Commission Decision, KIBC 17.220 Appeals To The Planning And Zoning Commission, And KIBC 17.225 Appeals To The Board Of Adjustment1
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Introduced by: Borough Manager
Drafted by: CDD Director
Introduced on: 03/22/2018
Public Hearing Date: 04/05/2018
Adopted on: 04/05/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-19
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KIBC 17.15 GENERAL PROVISIONS AND USE REGULATIONS, KIBC 17.215 REVIEW OF
PLANNING AND ZONING COMMISSION DECISION, KIBC 17.220 APPEALS TO THE
PLANNING AND ZONING COMMISSION, AND KIBC 17.225 APPEALS TO THE BOARD OF
ADJUSTMENT, MAKING THE APPEAL PERIODS FOR LAND USE DECISIONS AND THE
REMOVAL OF EFFECTIVE DATE PROVISIONS FOR VARIANCES CONSISTENT WITH
ORDINANCE NO. FY2018-14.
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 and appeals that have
presented challenges for staff and the public; and
WHEREAS, the Borough Assembly adopted Ordinance No. FY2018-14 on February 1, 2018,
which amended the appeal periods identified in KIBC 17.195 (Variances), KIBC 17.200
(Conditional Use Permits), and KIBC 17.205 (Amendments and Changes) to 20 days and
removed the effective date provision for variances; and
WHEREAS, the Community Development Department wishes to reflect these changes in KIBC
17.15 (General Provisions and Use Regulations), KIBC 17.215 (Review of Planning and Zoning
Kodiak Island Borough, Alaska Ordinance No. FY2018-19
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Commission Decision), KIBC 17.220 (Appeals to the Planning and Zoning Commission), and
KIBC 17.225 (Appeals to the Board of Adjustment) to provide consistency; and
WHEREAS, the Borough Assembly reviewed the proposed changes at work sessions on March
8, 2018 and March 29, 2018; and
WHEREAS, the Borough Assembly held a public hearing on April 5, 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 17.215 Review
of Planning and Zoning Commission Decision, Chapter 17.220 Appeals to the Planning and
Zoning Commission, and Chapter 17.225 Appeals to the Board of Adjustment of the Kodiak Island
Borough Code of Ordinances are amended to read as follows:
Chapter 17.15
GENERAL PROVISIONS AND USE REGULATIONS
Sections:
17.15.010 Application of provisions.
17.15.020 Conformity with regulations required.
17.15.030 Alteration or erection of structures.
17.15.040 Yard or open space limitation.
17.15.050 Approval by planning and zoning commission.
17.15.060 Zoning compliance.
17.15.070 Building permit and conformity to zoning.
17.15.080 Uses prohibited unless authorized.
17.15.090 Similar uses may be permitted.
17.15.100 Airport regulations.
17.15.110 Bed and breakfasts, lodges, motels, hotels and vacation homes.
17.15.120 Buffers for marijuana businesses.
17.15.060 Zoning compliance.
A. Zoning compliance is required for site grading (excavation and fill), erection, construction,
establishment, moving, alteration, enlargement, repair, or conversion of any building or structure
in any district established by this title, subject to the following:
1A. An application for zoning compliance will be filed with the community development department
on a form provided by the department. If the application meets the requirements of this title, as
verified in the department, and other applicable regulations, a permit will be issued. An as -built of
the property may be required to ensure that applicable requirements can be met, when existing
Kodiak Island Borough, Alaska Ordinance No. FY2018-19
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structures are located on the property. Any zoning compliance permit issued is subject to the
same expiration, suspension, and revocation provisions as a building permit issued for the same
construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted
under KIBC 15.05.020).
2S. No building permit shall be issued by a building official until the community development
department has verified from the application for zoning compliance for a proposed building that it
conforms and will be occupied for a use in conformity with the provisions and regulations of this
title, except that this provision shall not apply to building permits for residential structures when
no yard or height changes are involved. Any building permit issued in conflict with this title is null
and void.
Chapter 17.215
REVIEW OF PLANNING AND ZONING COMMISSION DECISION
Sections:
17.215.010 Reconsideration.
17.215.020 Commencement of appeal – Stay.
17.215.010 Reconsideration.
A. The commission may reconsider its decision upon petition of any person entitled to appeal the
decision under KIBC 17.225.030, filed with the community development department within
— days after the decision.
17.215.020 Commencement of appeal – Stay.
A. A decision of the commission is final unless an appeal of the decision is made within 20 40
waFking days after the decision by the commission to the board of adjustment.
B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating
the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon
commencement of an appeal, the decision appealed from is stayed until the decision on appeal
becomes final.
C. The running of the time for filing an appeal from a decision of the commission is terminated by
a timely petition for reconsideration, filed in accordance with this chanter KlBQ 17.225.010.e–The
full time for an appeal begins to run again on the date of the decision of the commission on
reconsideration.
Kodiak Island Borough, Alaska
Chapter 17.220
Ordinance No. FY2018-19
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APPEALS TO THE PLANNING AND ZONING COMMISSION
Sections:
17.220.010 Persons who may appeal.
17.220.020 Commencement of appeal — Stay.
17.220.030 Appeal hearing — Notice, preparation of record.
17.220.040 Appeal hearing.
17.220.050 Decision.
17.220.020 Commencement of appeal — Stay.
A. A decision of the community development department director is final unless appealed to the
commission within 20 10 werking days of receipt of notification of the decision.
B. An appeal is commenced byfiling with the community development department a written notice
of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the
appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until
the decision on appeal becomes final.
Chapter 17.225
APPEALS TO THE BOARD OF ADJUSTMENT
Sections:
17.225.010
Organization.
17.225.020
Powers of the board.
17.225.030
Persons who may appeal.
17.225.040
New evidence — Changed circumstances.
17.225.050
Appeal hearing — Notice, preparation of record.
17.225.060
Argument on appeal.
17.225.070
Appeal hearing.
17.225.080
Decision.
17.225.090
Hearing examiner.
17.225.100
Judicial review.
17.225.050 Appeal hearing — Notice, preparation of record.
A. A decision of the commission is final unless an appeal of the decision is made within
20 days after the decision by the commission to the board of adjustment.
B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically
stating the reasons for the appeal and the relief sought, and payment of the appropriate
fee. Upon commencement of an appeal, the decision appealed from is staved until the
decision on appeal becomes final.
Kodiak Island Borough, Alaska Ordinance No. FY2018-19
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CA. Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail
notice of the appeal, request the community development department director to prepare the
appeal record, and notify the commission of the appeal.
D@. The clerk shall mail notice of the appeal to each person who was entitled to notice of the
original commission proceeding. The notice shall include the appellant's notice of appeal,
describe the decision appealed from, state the date of the appeal hearing and time within which
written argument supporting or opposing the appeal may be submitted, and contain the substance
of subsections C and E of this section regarding the obtaining of a verbatim transcript and the
availability of the appeal record.
EG. The appeal record shall be completed within 10 working days of filing of an appeal. The
appeal record shall include the draft minutes of the proceedings before the commission, the
commission's written decision, and any written documents considered by the commission.
Any party to an appeal from a commission decision may cause the appeal record to include a
verbatim transcript of the proceedings before the commission by filing a request therefor,
accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript.
Within 10 working days of notice of completion of the transcript the person requesting it shall pay
the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough
for a transcript is not subject to the deposit or refund provisions of this subsection. The borough
shall bear the cost of preparing the remainder of the record.
FB. Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal
record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim
transcript as part of the record. The clerk shall deliver a copy of the appeal record to the borough
staff assigned responsibility for the appeal.
G€. A copy of the appeal record shall be available for public inspection at the clerk's office. Any
person may obtain a copy of the record upon payment of the appropriate fee.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF APRIL, 2018.
KODIAK IS ND BOROUGH ATTEST:
11p /I lalk
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, CI k
VOTES:
Ayes: Kavanaugh, Schroeder, Skinner, Smiley, and Symmons.
Absent: Crow and Van Daele
Kodiak Island Borough, Alaska Ordinance No. FY2018-19
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