Loading...
FY1964-1 Creating a Planning and Zoning Commission1 1 1 . 7 7 KODIAK ISLAND BOROTXUt ORDINANCE NO, 64 -1 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH, KODIAK, ALASKA, CREATING A PLANNING AND ZONING COMMISSION, AND RELATING TO THE POWERS AND DUTIES OF THE PLANNING AND ZONING COMMISSION. BE IT ORDAINED BY THE BOROUGH ASSEMBLY OF THE KODIAK ISLAND BOROUGH AS FOLLOWS: ORGANIZATION There is hereby created pursuant to Section 07.15.340 to Alaska Statutes, a Borough Planning and Zoning Commission which shall consist of nine (9) members, five (5) of whom shall be appointed from the members of the City of Kodiak Advisory Plannipg and Zoning Commission and the other members shall be appointed from the Borough at large. A Chairman of the Commission shall be selected annually and shall be appointed from and by the appointed-members. - The Borough Chairman, shall serve as an ex- officio member of said Commission. TERMS The term of each appointive member of the Commission shall be three (3) years, except that of the first Commission three (3) members shall be appointed for 1 -year term, three (3) for a 2 -year term, and three (3) for a 3 -year term. POWERS AND DUTIES The Commission shall be required to do the following: (A) Develop, adopt, alter or revise, subject to approval of the Borough Assembly, a master plan for the physical development of the Borough. Such master plan with accompanying maps, plats, charts, descriptive and explanatory matter, shall show the Commissionsts recommendations for the development of the Borough Territory, and may include among other things: (1) Development of the type, location and sequence of all public improvements. (2) The relocation, removal, extension or change of use of existing or future public ways, grounds, spaces, buildings, properties and utilities. (3) The general extent and location of rehabilitation areas. When a master plan for the Borough has been approved by the Borough Assembly, amendments, revisions and extensions thereof may be adopted by the Assembly after consideration and report by the Planning Commission. All amendments, revisions or extensions shall correspond to major geographical divisions of the Borough or is flieldemakdivisioms of the subject matter or the pia=, Whom caster' ply has been approved by the Borough Asseabiy no amendments, revisions ar extensions thereto shall be approved except upon the affirmative vote of four (4) members of the Borough Assembly. (B) Exercise control over platting and subdivision of lots, blocks or lands within the Borough limits. All proposed plans, plats or replats of lots, blocks or lands, within the Borough limits and all streets, alleys, and other portions of the sane intended to be dedicated to public or private use within the corporate limites, shall first be submitted to the Commission for its approval or rejection before such plans, plats or replete shall be entitled to record in the office of the District Recorder for the Kodiak Precinct. Unless the Borough Assembly shall disapprove the action of the Planning Commission within thirty (30) days, its decision shall be final. If the Commission has approved any plan, plat or replat and the Borough Assembly has not, within thirty (30) days, disapproved this action, the Planning Commission through its Chairman shall dndorse its approval on the plan, plat or replat and the owner thereof may then offer it for r In exercising the powers granted it by this Section, the Planning Commission shall prepare and recommend for Borough Assembly adoption, regulations governing tha subdivision of land within the Borough limits. Such regulations may provide for the harmonious development of the Borough and its environs, for the coordination of streets and other ways within the subdivided land with other existing or planned streets and ways or for confor- mance to the master plan or official map, for adequate open spaces, for spaces for traffic, utilities, recreation, light and air, and for the avoidance of congestion of population. Subdividing for the purpose of this Section, shall be deemed to include the division of any lot, tract, or parcel of land into two or more lets, sites, or other divisions of land for the purpose, whether immediate or future, of sale or building devel- opment. No lot, tract, or parcel of land may be divided for any purpose whatsoever by means of mates or bounds description except with the express permission of the Planning and Zoning Commission PROVIDED HOWEVER, that the sale or exchange of small parcels of land to or between adjoining property owners to correct encroach- ments or other errors in property lines, where such sale or exchange does not create additional lots, shall not be considered, as the subdivision of land. VARIATIONS AND EXCEPTIONS Whenever the tract to be subdivided is of such unusual shap3 or size or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties or substantial hardship or injustice, the Borough Assembly, after report by the Planning and Zoning Commission, may vary or modify such require- ments so that the subdivider may develop his property in a reasonable manner, but so that at the same time, the public welfare and the interests of the Borough and surrounding areas ire protected and the general intent and spirit of these regulations is preserved. 1 7 7 7 Paget 3 If either,- a preliminary or final plat is disapproved by the Planning and Zoning Commission, the person submitting the same may resubmit the plat to the Borough Assembly where it say be approved by a three-fourth (3/4) majority vote of the Borough Assembly. ENFORCEMENT No plat of any subdivision shall be qualified for recording in the office of the District Magistrate of the State of Alaska or have any validity until it shall have been approved in the manner prescribed herein. (C) Draft an official map of the Borough and recommend or disapprove proposed changes in such map. (D) Make and adopt plans for the clearance and rebuilding of alum districts and blighted areas within the Borough. (3) Submit annually to the Borough Assembly, not less than ninety (90) days prior to the beginning of the budget year, a list ch capital improvements wwhi in the opin ow - of -- the Commission are necessary or desirable to be constructed durin the forthcoming three -year period. Such list shall be arranged i order of preference with recommendations as to which projects shall be constructed in which year. (F) Promote public interest in and understanding of the master plan and of planning, zoning and slum clearance. (0) Make and develop plans for the replanning, improving and redevelopment of any areas within the Borough. (H) Make and develop plans for the replanning, reconstruction or redevelopment of any area or district within the Borough which may be destroyed in whole or in part or'damaged by fire, earth- quake or other disaster. (I) Make investigations regarding any matter related to Borough planning. (J) Make and prepare reports, prints, plats and plans for approval by the Borough Assembly. (X) Make or cause to be made surveys, maps and plans relating to the location and design of any public building, dock, beach, ski ground, statue, memorial, park, parkway, boulevard, street, allay or playground. For the purpose of implementing this subsection, all departments of the Borough considering any such improvement are required, and all public agencies not a part of the Borough are requested, to inform the Commission of the proposed improvement and submit such pertinent information to the Commission and within such time as will enable the Commission to recommend to the Borough Assembly whether the proposed improve- ment is consistent with the general plan and established planning principles. No public improvement shall be authorized by the Borough Assembly until the recommendation of the Planning and Zoning Commission shall have been received and reviewed by the Borough Assembly. ) 0 ' n 1 r 7 7 ,+ MALTY Every act prohibited by this Ordinance is hereby delcared unlawful; unless another penalty is expressly provided by this Ordinance,, every person convicted of violation of any provision in pursuance thereof, shall be punished by a fine of not more than $300.00 or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment. Each act of violati and every day upon which any such violation shall occur, shall constitute a separate offense. SEVERABILITT: REPEAL SFFECT It is the intent of the Borough Assembly that all provisions and sections of this Ordinance be liberally construed, and should any provision or section of this Ordinance be held unconstitu- tional ar invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent that this Ordinance shall stand notwithstanding the invalidity of any provision or section. This r]1B shall apples .u-.•u-. • _. ❑ •. . this- whether or not, such a provision is re- enacted in the amendatory Ordinance. ATTEST: Eldon Lester Presiding Officer Published February 14, 1964 Paill4 Publication of this Ordinance shall be made by posting a copy hereof on the Borough Assembly Bulletin Board for a period of ten (10) days following its passage and approval. First Reading and Approval Date: 1964 Second Reading and Approval Date: 4414g4,4 1964. Passed by the Kodiak Island Borough Assembly of Kodiak Island, Alaska, the -pay of March, 1964. arses A. owell Chairman