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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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 Page 1 of 5 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 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 Page 2 of 5 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 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 Page 3 of 5 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 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 Page 4 of 5 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 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 Page 5 of 5