FY1964-5 Zoning - Comprehensive Plan• • ORDINANCE NO. 64-S
ZOVAI G ORDINANCE OF THE KODIAK ISLAND BOROUGH
This Zoning Ordinance is enacted for the purpose of promoting health,
safety, morals, comfort, and General Welfare. It is enacted to con-
serve and protect property values, to secure the most appropriate use
of land, and to facilitate adequate but economical provisions for
public improvements. This Ordinance is in accordance with a Compre-
hensive Plan and contributes to the desirable future development of
the Borough, provides a method of administration, and prescribes
penalties for the violation of provisions hereafter described.
WHEREAS, Section 07.15.340 Alaska Statutes empowers the
Borough to enact a Zoning Ordinance and to provide for its administra
tion, enforcement, and amendment; and
WHEREAS, the Borough Assembly has established a Planning and
Zoning Commission; and
WHEREAS, the Borough Assembly deems it necessary, for the pur-
pose of promoting the health, safety, morals, or general welfare, to
enact a Zoning Ordinance; and
WHEREAS, the Borough Assembly has adopted a long -range
Borough Plan to guide and facilitate orderly and beneficial growth of
the Borough; and
WHEREAS, the Borough has adopted a Comprehensive Study and
based a Zoning Ordinance on it to serve as a most important measure
for achieving such orderly and beneficial community growth; and
WHEREAS, a Zoning Ordinance is necessary in order to promote
the health, safety, morals, and general welfare of the Borough for
its immediate and future growth period; and
WHEREAS, the Borough Planning and Zoning Commission and Bo-
rough Assembly have adopted a Comprehensive Plan and other pertinent
factors necessary to the preparation of a Zoning Ordinance:
NOW, THEREFORE, BE IT ORDAINED by the Borough Assembly of the
Page One, ORDINANCE No. 64- 5
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Kodiak 31,1aad Borough.
TITLE. PIBIOD OF EFFECTIVENESS.
2 A. This Ordinance shall be known and may be cited as the Zoning
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Ordinance of the Kodiak Island Borough.
B. This Zoning Ordinance shall remain in force until repealed.
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APPLICATION OF REGULATIONS.
B
7 The regulations set by this Ordinance within each district shall be
8 minimum regulations and shall apply uniformly to each class or kind
9 of structure or land and, particularly, except as hereinafter provide
10 A. No building or land shall hereafter be used or occupied and no
11 building or part thereof shall be erected, moved or altered un-
12 less in conformity with the regulations herein specified for the
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district in which it is located.
No structure shall hereafter be erected or altered.
1. To exceed the height;
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17 2. To accommodate or house a greater number of families;
18 3. To occupy a greater percentage of lot area; or
19 4. To have narrower or smaller rear yard, front yard or side
20 yard than is specified herein for the district in which
21 such building is located.
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C . No yard or other open space provided about any building for the
purpose of complying with the provisions of this chapter shall
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be considered as providing a yard or open space for any other
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28 building, and no yard or open space on one lot shall be consi-
27 dered as providing a yard or open space on any other lot.
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SECTION 1
USE DISTRICTS AND MAP
A. Districts. The Kodiak Island Borough is hereby divided into the
following use districts:
Unclassified (U Districts)
Conservation (C Districts)
Residential (R Districts)
R -1 One family dwellings;
R -2 One and two family dwellings;
R -3 One, two and multiple family dwellings
Business (B Districts)
Industrial (I Districts)
Industrial Reserve (IR Districts)
B. 11.2.
The use districts are bounded and defined as shown on a map enti-
tled, "Zoning Map of the Kodiak Island Borough ", a certified copy
of which is on file in the office of the Borough Clerk and which,
with all explanatory matter thereon, is hereby made a part of
this Ordinance.
C. Map Changes.
No changes of any nature shall be made in the Official Zoning Map
or matter shown thereon except in conformity with the procedures
set forth in this Ordinance. Any unauthorized change of whatever
kind by any person or persons shall be considered a violation of
this Ordinance and punishable as provided under Section 19 of
this Ordinance.
Regardless of the existence of purported copies of the Official
Zoning Map which may from time to time be made or published the
Official Zoning Map which shall be located in the office of the
Borough Clerk and shall be the final authority as the current
zoning status of land and water areas, buildings, and other
Page Three, ORDINANCE No. 64-5
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structures in the Borough.
. Map Replacement.
In the event that the Official Zoning Map becomes damaged, des-
troyed, lost, or difficult to interpret because of the nature or
number of changes and additions, the Kodiak Borough Planning and
Zoning Commission may by resolution adopt a new Official Zoning
Map which shall supersede the prior Official Zoning Map. The new
Official Zoning Map may correct drafting or other errors or omis-
sions in the prior Official Zoning Map, but no such correction
shall have the effect of amending the original Zoning Ordinance
or any subsequent amendment thereof. The new Official Zoning Map
shall be identified by the signature of the Borough Chairman at-
tested by the Borough Clerk, and bearing the seal of the Borough
under the following words: "This is to certify that this Officia
Zoning Map supersedes and replaces the Official Zoning Map adop-
ted (date of adoption of map being replaced) as part of Ordinance
No. 24O -of the Kodiak Island Borough, Alaska."
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Section 2
UNCLASSIFIED (U) ZONES
. Uses Permitted.
1. One or two family dwellings.
2. General gardening and farming, including all types of fishing
agriculture and horticulture, kennels, small animal farming,
poultry raising, and similar uses.
3. Home occupations.
4. Accessory buildings and uses.
5. Churches, provided that no part of any building is located
nearer than 50 feet to any adjoining street or property line.
6. Required off - street parking.
Page Four, ORDINANCE No. 64- 5
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7. The Borough Planning and Zoning Commission may, after proper
notice and public hearing, permit additional uses as excep-
tions in this district where such uses are deemed essential
or desirable to the public convenience or welfare and are in
harmony with the various elements or objectives of the Compre-
hensive Borough Plan and Zoning Ordinance.
Building Height Limit.
1. The maximum building height shall be two and one -half stories
but shall not exceed 35 feet, provided, that agricultural
buildings may be erected to a height not to exceed 50 feet.
Lot Area.
1. The minimum lot area for each one - family dwelling shall be
40,000 square feet and the minimum lot width shall be 120 ft.
. Front Yard.
1. There shall be a front yard of not less than 50 feet.
. Side Yard.
1. There shall be a side yard of not less than 10 feet. The
minimum side yard on the street side of a corner lot shall
be 25 feet.
. Rear Yard.
1. There shall be a rear yard of not less than 25 per cent of
the depth of the lot but such yard need not exceed 40 feet.
Section 3
CONSERVATION (C) ZONES
. Uses Permitted.
1. General gardening and farming, including all types of agri-
culture and horticulture, kennels, small animal farming,
poultry raising, and similar uses and one family dwellings.
Page Five, ORDINANCE No. 64-5-
2. Accessory buildings and uses.
3. Private park or open -space recreation use.
4. Off- street Parking.
5. Churches, provided that no part of any building is located
nearer than 50 feet to any adjoining street or property line.
6. The Borough Planning and Zoning Commission may, after proper
notice and public hearing, permit additional uses as excep-
tions in this district where such uses are deemed essential
or desirable to the public convenience or welfare and are in
harmony with the various elements or objectives of the compre
hensive Borough Plan and Zoning Ordinance.
B. Building Height Limit.
1. The maximum building height shall be two and one -half stories
but shall not exceed 35 feet, provided, that agricultural
buildings may be erected to a height not to exceed 50 feet.
C. Lot Area.
1. The minimum lot area in a conservation zone shall be 5 acres
and the minimum lot width shall be not less than 240 feet.
D. Front Yard.
1. There shall be a front yard of not less than 70 feet.
E. Side Yard.
1. There shall be a side yard of not less than 30 feet. The
minimum side yard on the street side of a corner lot shall
be 25 feet.
F. Rear Yard.
1. There shall be a rear yard of not less than 50 per cent of
the depth of the lot.
Page Six, ORDINANCE No. 64- 5
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age Seven, ORDINANCE No. 64- 37
Section 4
RESIDENTIAL (R) ZONES
. Residential Zones shall be of three types as follows:
1. R -1 with the permitted use being limited to one family
dwellings only.
2. R -2 with the permitted use being limited to one and two
family dwellings.
3. R -3 with the permitted uses as follows:
a. one - family, two - family, and multiple - family dwellings.
b. Boarding houses.
c. Truck gardening, the raising of bush and tree crops,
flower gardening, and the use of green houses.
d. Home occupations.
e. Accessory buildings and uses not used or operated for
gain and not including guest houses or accessory
living quarters.
f. Churches, provided that no part of any building be lo-
cated nearer than 30 feet to any adjoining lot or
street line.
Required off - street parking.
Building Height Limit.
1. The maximum building height shall be two and one -half stories
but shall not exceed 35 feet.
Lot Area.
1. The minimum lot area shall be 7,200 square feet and the mini-
mum lot width shall be 60 feet.
2. The minimum lot area for dwellings shall be:
a. For a one - family dwelling -7,200 square feet per dwelling
unit.
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b. For a two- family dwelling -3,600 square feet per
dwelling unit.
c. For a multiple - family dwelling with three or four dwel-
ling units -2,400 square feet per dwelling unit.
d. For a multiple - family dwelling with five, six or seven
dwelling units -2,000 square Beet per dwelling unit.
e. For a multiple - family dwelling with eight or more dwel-
ling units -1,600 square feet per dwelling unit.
D. Front Yard.
1. There shall be a front yard of not less than 25 feet.
E. Side Yard.
1. There shall be a side yard of not less than 10 per cent of
the width of the lot but such side yard need not exceed 25
feet. The minimum side yard on the street side of a corner
lot shall be 10 feet.
2. The following additional requirements shall apply to two -
family and multiple - family dwellings:
a. In case the building is so located the lot that the
rear thereof abuts one side yard and front abuts the
other, the side yard along the rear of the building shall
have a minimum width of 12 feet and the side yard along
the front of the building shall have a minimum width of
18 feet.
b. For multiple - family dwellings the minimum side yards re-
quired shall be increased one foot for each dwelling
unit over four.
F. Rear Yard.
1. There shall be a rear yard of not less than 25 per cent of
the depth of the lot but such yard need not exceed 25 feet.
Page Eight, ORDINANCE No. 64- g
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A. Uses Permitted.
1. Apartment houses and one or more apartment units when built
in a business building.
2. Retail stores and retail service shops of all kinds, banks,
offices, hotels and restaurants.
3. Theaters, bowling alleys, assembly halls, funeral parlors.
4. Gasoline service stations, automobile repair garages, print-
ing, laundry and dry cleaning establishments employing not
more than ten persons for operations, other than clerical
and delivery.
5. Required off - street parking.
6. Accessory buildings and uses.
7. Other buildings, uses or services similar, as determined
by the Borough Planning and Zoning Commission, to the uses
herein listed in the type of service or goods sold, in the
number of persons employed, in the number and types of
vehicles attracted to the premises and in the effect upon
adjacent areas.
B. General Conditions.
1. All selling, dealing in or displaying of goods or merchan-
dise by shops, stores or businesses shall be entirely con-
ducted and located within a permanent building unless other-
wise specifically excepted.
2. No stores or businesses shall involve any kind of manufac-
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30 authorized use and provided that:
31 a. No more than ten persons are engaged in the manufacture,
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Page Nine, ORDINANCE No. 64- S
Section 5
BUSINESS (B) ZONES
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compounding, processing or treatment of products or
servicing and repairing appliances, equipment, etc.
b. Not more than 20% of the ground floor area of any
building shall be used for such purposes.
c. Such operations or products are not objectionable due to
odor, dust, smoke, noise, vibrations or other similar
nuisances.
3. All exterior walls of buildings hereafter erected, extended
or structurally altered which face a street of property in
and "R" district shall be designed, treated and finished in
a uniform and satisfactory manner approved by the Planning
and Zoning Commission.
Building Height Limit.
1. The maximum building height shall be three stories or 50
feet; provided, however, that a building or structure here-
after erected, added to or otherwise constructed may be
increased in height provided the gross cubical content of
such building or structure does not exceed the sum total of
the area of the lot upon which it is to be erected mul%t-
plied by 50.
Lot Area.
1. Buildings hereafter erected and used wholly or partly for
dwelling purposes shall comply with the lot area require-
ments of the district, except that for multiple dwellings,
the minimum lot area per dwelling unit may be reduced to
1200 square feet for a multiple dwelling with less thae
seven dwelling units and to 1000 square feet for a multiple
dwelling with seven or more units.
age Ten, ORDINANCE No. 64- 5
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E. Yardw Required.
1. Every building or portion thereof which is designed, in-
tended or used for any purpose permitted in an "R" district
shall provide yards as required in the "R" district; pro-
vided that when the ground floor of any such building is
used for any commercial purpose, no side yard shall be r
required except that there shall be a side yard along the
side of every lot which is not bounded by an alley and
which is bordering on property in any "R" district.
2. Yards shall not be required otherwise, except that no
building shall be erected nor shall any use of land be
conducted so that the same will be closer than 30 feet to
the center line of any street adjoining the lot.
Section 6
INDUSTRIAL (I) ZONES
A. Uses Permitted.
1. All uses not otherwise prohibited by law, except any rese-
dential or commercial use.
B. Uses Prohibited.
1. All residential uses, except dwelling for a watchman or
caretaker employed on the premises or owner- operator and
members of his family.
2. All uses that may be noxious or injurious by reason of the
production or emission of dust,
gas, fumes, noise, vibration or
conditions, provided, however,
smoke, refuse matter, odor,
similar substances or
that any uses may be per-
mitted if approved by the Borough Planning and Zonning
Commission and subject to the securing of a permit therefor
Page Eleven, ORDINANCE No. 64- 5
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A o to such conditions, restrictions and safeguards as may
1 be deemed necessary by said Commission for the purpose
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of protecting the health, safety, morals or the general
welfare of the community.
. Special Restrictions.
1. No automobile wrecking, junk yard or similar use shall be
7 permitted, either as a primary or an accessory use, within
8 ZtICE feet of any state highway.
9 . Building Height.
10 No limit.
. Front Yard.
1. There shall be a front yard of not less than 30 feet.
2. The fron4 yard along state highways shall be not less than
50 feet.
. Side Yard.
17 1. There shall be a side yard of not less than 20 feet.
18 . Rear Yard.
19 1. There shall be a rear yard of not less the 20 feet.
20 . Off-street Loading.
1. At least 1 space, 12 x 30 feet accessible to a public street.
This space shall be in addition to any yard space require-
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• Exemptions.
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28 1. Water front industries shall be exempt from paragraphs E,
27 F and G provided, however, that no such building shall be
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Section 7
INDUSTRIAL RESERVE (IR) ZONES
A. Uses Permitted.
1. Any use permitted and as regulated in the I district not
otherwise prohibited by law, except residential, institu-
tional and retail business or service uses.
B. Uses Prohibited.
1. All residential uses except dwelling for a watchman or
caretaker employed on the premises or owner- operator and
members of his family.
2. Automobile salvage yards and wrecking operations.
3. Cemeteries.
4. Any operation which will render the area unsatisfactory for
functional sites for industrial structures and their use.
5. Outdoor advertising signs.
6. All uses that may be noxious or injurious by reason of the
production or emission of dust, smoke, refuse matter, odor,
gas, fumes, noise, vibration or similar substances or con-
ditions; provided, however, that any uses may be permitted
if approved by the Borough Planning and Zoning Commission
and subject to the securing of a permit therefor and to
such conditions, restrictions, and safeguards as may be
deemed necessary by said Commission for the purpose of pro-
tecting the health, safety, morals or the general welfare
of the Borough.
C. Special Restrictions.
1. No gravel excavation greater than 5 feet below grade of
closest existing highway.
Building Height.
1. No limit
Page Thirteen, ORDINANCE No. 64- S'
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. Front Yard.
1. There shall be a front yard of not less than 30 feet.
2. The front yard along state highways shall not be less
than 50 feet.
Side Yard.
1. There shall be a side yard of not less than 20 feet.
Rear Yard.
1. There shall be a rear yard of not less than 20 feet.
Section 8
DEFINITIONS
. General Interpretation:
1. Words used in the present tense include the future tense.
2. The singular number includes the plural.
3. The word "person" includes a corporation as well as an
individual.
4. The word "lot" includes the word "plot" or "parcel ".
5. The term "shall" is always mandatory.
6. The word "used" or "occupied" as applied to any land or
building shall be construc to include the words "intended,
arranged or designed to be used or occupied."
Specific Definitions:
Accessory Building. A detached building, the use of which is
appropriate, subordinate and customarily incidental to that of
the main building or to the main use of the land and which is
located on the same lot as the main building or use. An acces-
sory building shall be considered to be a part of the main
building when joined to the main building by a common wall not
less than four feet long or when any accessory building and the
Page Fourteen, ORDINANCE No. 64-5
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main building are connected by a breezeway which shall not be
less than eight feet in width.
Accessory Use. A use customarily incidental and subordinate
to the principal use of the land, building or structure and
located on the same lot or parcel of land.
Agricultural Building. A building located in the unclassified
district and used to shelter farm implements, hay, grain,
poultry, livestock, or other farm produce, in which there is
no human habitation and which is not used by the public.
Alley. A public way designed and intended to provide only a
secondary means of access to any property abutting thereon.
Alteration. Any change, addition or modification in the con-
struction, location or use classification.
Apartment House. See Dwelling, Multiple.
Area, Building. The total of areas taken on an horizontal plane
at the main grade level of the principle building and all acces-
sory buildings, exclusive of steps.
Automobile Wrecking. The dismantling of used motor vehicles or
trailers or the storage or sale of parts from dismantled or
partially dismantled, obsolete or wrecked vehicles.
Boarding House. A building other than a hotel with not more than
five sleeping rooms where lodging, with or without meals, is
provided for compensation for three or more persons, but not
exceeding 15 persons, on other than day -to -day basis and which
is not open to transient ,'nests.
Building. Any structure built for the support, shelter or enclo-
sure of persons, animals, chattels or property of any kind.
Building Code. The building code and /or other building regula-
tions-applicable in the Borough and City.
Page Fifteen, ORDINANCE No. 64- 5
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B,si3.iag Existing. A building erected prior to the adoption
of this ordinance or one for which a legal building permit has
been issued.
Building Height. The vertical distance from the "Grade" to
the highest point of the roof.
Building Offical. The officer charged with the administration
and enforcement of this ordinance. The Clerk shall act as
Building Official until the Borough Assembly otherwise desig-
ates.
Building, principal or main. A building in which is conducted
the principal or main use of the lot on which said building
is situated.
Coverage. That percentage of the total lot area covered by
the building area.
Dwelling. A building or any portion thereof designed or used
exclusively for residential occupancy including one - family,
two family and multiple - family dwellings, but not including any
any other building wherein human beings may be housed.
Dwelling Unit. One or more rooms and a single kitchen in
a dwelling designed as a unit for occupancy by not more than
one family for living or sleeping purposes, and in which not
more than two persons are lodged for hire.
Dwelling, One - family. Any detached building containing only
one dwelling unit.
Dwelling, Two- family. Any building containing only two dwelling
units.
Dwelling. Multiple - family. Any building containing three or more
dwelling units.
Family.
Any number of individuals related by, blood or marriage or an unre-
Page Sixteen, ORDINANCE No. 64- 5
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latee •group of not more than five persons living together
as a single housekeeping unit in a dwelling unit.
Fence, Height. The vertical distance between the ground,
either natural or filled, directly under the fence and the
highest point of the fence.
Floor Area. The total of each floor of a building within the
surrounding outer walls but excluding vent shafts and courts.
Frontage. All the property fronting on one side of a street
between intersecting streets or between a street and right -of-
way, end of street or District boundary.
Garage, Private. An accessory building or any portion of a
main building used in connection with residential purposes for
the storage of passenger motor vehicles.
Garage, Public. Any garage other than a private garage, avail-
able to the public, operated for gain, and which is used for
storage, repair, rental, greasing, washing, servicing, or
adjusting or equipping of automobiles or other vehicles.
Garage, Storage, Any building or portion thereof, other than
a private garage, used for the storage of motor vehicles and the
incidental service of vehicles stored therein.
Grade (Ground Level). The average level of the finished ground
at the center of all walls to a building. In case walls are
parallel to and within five feet of a public sidewalk, the
ground level shall be measured at the sidewalk.
Guest Room. Any room in a hotel, dormitory, boarding or lodging
house used and maintained to provide sleeping accommodations for
not more than two persons. EAch 100 sq. ft. or fraction thereof
of floor area used for sleeping purposes shall be considered
• to be a separate nest room.
age Seventeen, ORDNINANCE No. 64-5
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Homes- QCCUpation. An accessory use of a service character
custemarily conducted within a dwelling by the residents
thereof, which is clearly secondary to the use of the dwell-
ing for living purposes and does not change the character there-
of and does not involve more than one paid assistant.
Hotel. Any building or group of buildings in which there are
six or more Quest rooms used, designed or intended to be used
for the purpose of offering to the general public food or
lodging, or both, on a day -to -day basis.
Junk Yard. Any space 100 sq ft. or more of any lot or par-
cel of land used for the storage, keeping or abandonment of
junk or waste material including scrap metals or other scrap
materials, or for the dismantling, demolition or abandonment of
automobiles, other vehicles, machinery or any parts thereof.
Loading Space. An off - street space or berth on the same lot
with a building or structure to be used for the temporary
parking of commercial vehicles while loading of unloading
merchandise or materials.
Lot..A.parcel of land occupied or t
building or unit group of buildings
and uses, together with such yards,
o be occupied by a use,
open spaces, lot widths
and accessory buidlings
and lot area as are required by this ordinance and having
frontage on a public street.
Lot. Corner. A lot situated at the junction of, and bordering
on, two intersecting streets -
Lot Line Front - Corner Lot. The shortest street line of a
corner lot.
Lot Line Front - Interior Lot. A line separating the lot from
the street.
Page Eighteen, ORDNNANCE No. 64-
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Rear. Line that is opposite and most distant from
thee tit lot line, and in the case of irregular, triangular
or gore shaped lot, a line not less than 10 feet in length,
within a lot, parallel to and at the maximum distance from the
front lot line.
Lot Line, Side. Any lot boundary line not a front lot line
or a rear lot line.
Lot Depth. The mean horizontal distance separating the side lot
lines of a lot and at right angles to its depth.
Motel. A group of one or more detached or semi- detached build-
ings containg two or more individual dwelling units and /or
guest rooms, designed for or used temporarily by automobile
tourists or transients, with a garage attached or parking space
conveniently located to each unit, including groups designated
as auto courts, motor lodges, or tourists courts.
Non = Conforming Building. Any building or structure or any
portion thereof, lawfully existing at the time this ordinance
became effective, which was designed, erected, or structurally
altered for a use that does not conform to the use regulations
of the zone in which it is located, or a building or structure
that does not conform to all the height and area regulations of thf
zone in which it is located.
Nursery, Children's. Any home or institution used and maintained
to provide day care for more than four children not more than
7 years of age.
Parking Space, Private. Any automobile parking space not less
than 10 feet wide and 20 feet long.
Parking Space, Public. An area of not less than 250 sq. ft.
inclusive of drives or aisles giving access thereto, accessible
Page Nineteen, ORDNNANCE No. 64- 5
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from streets and alleys or from private driveways leading
to streets and alleys and being designed and arranged as to
be usable, practicable and safe for the storage of passenger
motor vehicles operated by individual drivers.
Person. A natural person, his heirs, executors, administrators,
or assigns, and also including firm, partnership, or corporation,,
its or their successors or assigns, or the agent of any of the
aforTaid.
Service Station. Any building, structure, premises or other
space used primarily for the retail sale anilispensing of
motor fuels, tires, batteries, and other small, accessories;
the installation and servicing of such lubricants, tires,
batteries and other small accessories, and such other services
which do not customarily or usually require the service of a
qualified automotive mechanic.
When the retail sale and dispensing of motor fuels, lubricant
and accessories is incidental to the conduct of a public garage,
the premises shall be classified as a public garage.
Sign. Any words, letters, parts of letters, figures, numerals,
phrases, sentences, emblems, devices, trade names or trade marks
by which anything is made known, such as are used to designate
an individual, a firm, an association, a corporation, a pro-
fession, a business or a commodity or product, which are visible
from any tublic street or highway and used to attract attention.
State Highway. A right -of -way classified by the State of Alaska
as a Primary, Secondary A or Secondary B highway.
RAC -E T �o E' — y Ci<I).•Hr4Nct t'
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Street. A public right -of -way used as a thoroughfare and which
is designed and intended to provide the primary means of access
to property abutting thereon.
Street Line. The line of demarcation between a street and the
lot of land abutting thereon.
Structure. That which is built or constructed, an edifice or
building of any kind, or any piece of work artificially built
up or composed of parts jointed together in some definite
manner.
Trailer Camp, Park or Lot. Any area or premises where space for
two or .more trailers is rented, held out for rent or for which
free occupancy or camping for such number is permitted to
trailers or users for the purpose of securing their trade,
herein referred to as a trailer camp but not including automobile
or trailer sales lots on which unoccupied house trailers are
parked for inspection and sales.
Trailer. Any vehicle used or intended to be used as living or
sleeping quarters for humans and which may be driven, towed, or
propelled from one location to another without change in
structure or design, whetheror not the same be supported by
wheels and including trailers, trailer coached and house cars.
Use. The purpose for which land or a building is arranged,
designed or intended, or for which either land or a building is
or may be occupied or maintained.
Yard. An open unoccupied space, other than a court, unobstructed
from the ground to the sky, except where specifically provided
by this ordinance, on the same lot which a building is situated.
Yard. Front. A yard extending across the full width of a lot
measured between the front lot line of the lot or a future street
Page Twentyone, ORDINANCE No. 64 -47
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1 widt e -and the nearest exterior wall of the building, front
2 of a bay window or the front of a covered prech or other similar
projection, whichever is the nearest to the front lot line.
Yard, Rear. A yard extending across the full width of the lot
between the most rear main building and the rear lot line. The
depth of the required rear yard shall be measured horizontally
from the nearest part of a main building toward the nearest
point of the rear lot line.
Yard, Side. A yard six feet or more in width on each side of
a main buidling and extending from the front yard, or front
line where no front yard is required, to the rear yard. The
width of the required side yard shall be measured horizontally
from the nearest point of a side lot line to the nearest part
of the main building.
Section 9
GENERAL PROVISIONS AND EXCEPTIONS
District Boundaries.
1. Where uncertainty exists as to the boundaries of districts
as shown on the Zoning Map, the following rules shall apply:
a. Boundaries indicated as approximately following the center
lines of streets, highways, or alleys shall be construed
to follow such center lines;
b. Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines;
c. Boundaries indicated as approximately following section
subdivision lines shall be construed as following such
section or such section subdivision lines. Boundaries
indicated as approximately following Borough or City
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limits shall be construed as following Borough or City
limits;
d. Boundaries indicated as following shore lines shall be
construed to follow such shore lines, and in the event
of change in the shore line shall be construed as mov-
ing with the actual shore line; boundaries indicated
as approximately following the center lines of streams,
rivers, canals, lakes, or other bodies of water shall
be construed to follow such center lines;
e. In unsubdivided property the location of any district
boundary, unless the same is indicated by dimensions
shown on same map, shall be determined by the use of
the scale appearing thereon;
f. Boundaries indicated as parallel to or extensions of
features indicated in subsection 1 through 4 above shall
be so construed. Distances not specifically indicated on
the Official Zoning Map shall be determined by the scale
of the map;
g. Where physical or cultural features existing on the
ground are at variance with those shown on the Zoning
Map, or in other circumstances not covered by subsec-
tions 1 through 5 above the Board Adjustment shall
interpret the district boundaries.
2. Where any public street or alley is officially vacated or
ab$ndoned, the regulations applicable to each parcel of
abutting property shall apply to that portion, of such
street or alley added thereto by virtue of such vacation
or abandonment.
Page Twenty- three, ORDINANCE No. 64-.5.
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3. Any land included within the corporate boundaries of the
city's subsequent to the adoption of this ordinance shall be
automatically classified in the "U" district until otherwise
classified by amendment.
B..Uses
1. The express enumeration and authorization of a particular
class of building, structure, premise or use in a designated
district shall be deemed a prohibition of such building,
qstructure, premises or use in all other districts unless other
wise specified.
2. Uses other than those specifically permitted in each of the
districts may be permitted therein, provided that such uses
are similar to those mentioned and are determined by the Plan-
ning Commission to be not more obnoxious or detrimental to the
welfare of the dommunity than the permitted uses.
3. Uses other than those specifically excluded therefrom provided
that such uses are determined by the Planning Commission to be
not less obnoxious or detrimental to the welfare of the commun
ity than those uses specifically excluded.
4. The use of buildings and property publicly owned and engaged
in the performance of a public function may be permitted in
any district provided that such use is not, in the opinion of
the planning Commission, obnoxious or detrimental to the welfa
of the community.
C. Height of Buildings.
1. The permitted height of building shall be exclusive of roof
structures as defined in the Building Code of the city.
2. Penthouses or roof structures for the housing of elevators,
stairways, tanks, ventilating fans or similar equipment requir
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strued
lot or
in the
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nated or used as
a building shall
building if such
required for the
to operate and amintain the building; fire or parapet walls,
skylights, towers, roof signs, flagpoles, chimneys, smokestac.s,
wireless masts or similar structures and necessary mechanical
appurtenances, may be erected above the height limits prescr-
ibed; but no penthouses, roof structure or any space above
the permitted height limit of buildings shall be for the pur-
pose of providing additional floor space.
D. Lots and Lot Areas
1. 1. The requirements as to minimum lot area shall not be con-
to prevent the use for a one - family dwelling of any
parcel of land, other than in the "B, I or IR" distric
event that such lot or parcel of land was, on the effe
tive date of this ordinance, legally Subdivided and separatel
owned, deeded by a deed or record, or subject to a recorded
contract of sale in full force and effect.
2. No portion of any lot or parcel of land which has been desig-
the minimum lot area or dimension of yard required for the
original lot or parcel of land to lessthan the minimum lot
area or dimension of yard required for the land use district
in which such property is located.
3. No lot or parcel of land held under separate ownership at the
time this ordinance became effective shall be reduced in any
manner below the required minimum lot area or width.
Page Twenty -Aimee, ORDINANCE NO. 240 E u
any part of a required open area or yard for
be included as a portion or yard for another
inclusion will reduce the lot area or yard
original lot or parcel of]and to less than
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4. No lot area shall be so reduced, diminished or maintained that
the yards or other open spaces or total lot area shall be
smaller than prescribed nor shall the density of population be
increased in any manner except in conformity with these regul-
ations.
5. Every building hereafter erected shall be located on a lot as
herein defined. If it is located on two or more lots, the
building location must conform to the side yard requirements
or it may straddle an interior lot line of such a parcel of
lots. In no case shall there be more than one main resident-
ial building and its accessory buildings on one lot, unless
specifically provided otherwise.
6. No building permit shall be issued for a building or structure
on a lot which abuts a street dedicated to a portion of its
required width and located on that side thereof from which no
dedication was secured, unless the yards provided on such lot
include both that portion of the lot lying within the future
street and the required yards.
E. Yards
1. Where yards are required they shall not be less in depth or
width than the minimum dimensions in any part and they shall
be at every point, open and unobstructed from the ground to
the sky, except as follows:
a. Outside stairways, fire escapes, porches or landing places
it unroofed and unenclosed, may extend into a required side
yard for a distance not to exceed three feet or into a require
rear yard for a distance not to exceed four feet.
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b. Cornices, canopies, eves or other similar architectural
features not providing additional floor space within the
building may extend into a required yard not to exceed two
feet.
c. One covered but unenclosed passenger landing or carport
not more than one story in height may extend into either
side yard, but such structure shall not be closer than thr
feet to an adjoiniegg lot.
d. A detached accessory building not exceeding 14 feet in
height may be permitted to occupy a rear yard, provided
that not more than one -third of the total area of such
rear yard shall be so occupied, and provided such building
is not within five (5) feet of the side lot line.
2. On any corner lot in any "R" district, theredishall be no
planting, structure, fence, shrubbery or other obstruction to
vision more than three and one -half feet higher than the curb
level within 25 feet of the intersection of the adjacent
street lines, except that shade trees or other plants or veg-
etation of sufficient height to permit sight distances from
one street to the other under the lowest brances or foliage
may be permitted.
3. In any "R" district, no building shall be erected, reconstruc
ted or altered nearer to the street line on which it faces
than the average setback observed by 75% of the buildings on
the same frontage. Where there are buildings on only one
side of a street within the block, the setback line for the
unoccupied side shall be the same as that established on the
occupied side.
Page Thirty-Gee, ORDINANCE NO. S�4A 44--5
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F. Distance Between Buildings
1. No detached dwelling or other main building shall be less
than 20 feet from any other detached dwelling or main build-
ing on the same building site.
G. Accessory Buildings
1. No accessory building shall exceed one story or 14 feet in
height, except agricultural buildings which shall not exceed
50 feet in height.
2. No accessory building shall be erected, constructed, or
moved on any lot in any "R" district prior to the constructi
of the main building; except that this shall not be construe
to prohibit the construction of an accessory building prior
to the construction of a main building when a building perm
has been issued for the concurrent construction of such
buildings, or for an accessory building incidental to the
use of the land.
H. Fences and Walls
1. Fences and walls not exceeding six feet in height may
occupy an! portion of a side or rear yard in any "R" distric
provided that where such fence or wall projects beyond the
frost yard line or setback line toward the front property
line, the following further restrictions shall apply:
a. Such fence or wall shall not exceed four feet in height,
and shall be constructed so that not more than 50% of the
vertical surface thereof above a height of two feet is solid
wall.
b. Planted hedges projecting beyond the front yard line
shall not exceed the maximum heights permitted for fences
or walls.
Page , ORDINANCE NO. 200 4 ¥- 5
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SECTION 10
ADDITIONAL USES PERMITTED
c. Ne fence, wall or hedge shall be erected or maintained
on the public property beyond the front property line of
any lot or parcel of land, except masonry et concrete retain-
ing walls, and then only to a height not to exceed six inches
above the grade of the earth such wall is constructed to re-
tain. A permit shall firtt' secured from the building
official approving the necessity for and type of such retain-
ing wall.
A. Uses Permitted:
The Borough Planning Commission may, after proper notice and
public heating, permit the following exceptions in any dis-
trict unless otherwise herein specified, where such uses are
deemed essential or desirable to the public convenience or
welfare, and are in harmony with the various elements or
objectives of the Comprehensive Borough Plan and the Zoning
Ordinance. In approving the uses referred to in this section,
the Borough Planning and Zoning Commission shall have the
authority to impose such conditions and safeguards as it
deems necessary to protect the best interests of the surroun-
ding property or neighborhood atd the Comprehensive Borough
Plan and Zoning Ordinance.
1. Airports.
2. Animal hospitals or boarding establishments and veterin-
ary practices.
3. Cemeteries.
4. Concrete or cement products manufacture.
Page ORDINANCE NO. 26e 64,4-5 ��
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5. Crematories if located within a cemeteryycontaining at
least five acres.
6. Establishments or enterprises involving large assemblage
of people or automobiles, including amusement parks, circuse
fair grounds, open -air theaters, recreational centers and
hospitals and sanitariums.
7. Gas manufacture and storage, provided that all'manufact-
uring operations shall be subject to the approval of the
Building Official.
8. Government enterprise (federal, state or local).
9. Greenhouses or tree nurseries.
10. Natural resources, development and extraction of, togeth .
er with necessary buildings, apparatus or appurtenances in-
cident thereto, including petroleum exploration and develop-
ment.
11. Off- street parking areas.
12. Private clubs.
13. Public libraries and museums and art galleries not oper-
ated for profit.
14. Public or private nurseries, public or non - profit elem-
entary and high schools, and institutions for higher educa-
tion.
15. Public utility or public service facilities.
16. Radio or television transmitters.
17. Tourist courts, auto courts, motor lodges or trailer
courts.
18. Group housing developments:
In the case of a dwelling group consisting of two or
more buildings, the contemplated arrangements of which makes
Page Thirty r, ORDINANCE NO. $48 64-S-
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Page Thirty- _Sixf, ORDINANCE NO. Zoe 4 4-5
it impracticable to apply the requirements of this ordinance
to the individual building units in the group, a permit for
the construction of such dwelling group may be issued only
if the plans of such dwelling group comply with the followin
conditions:
a. That the proposed dwelling group will constitute a res-
idential environment of sustained desirability and stability
that it will be in harmony with the character of the surroun
ing neighborhood, that it will result in intensity of land
utilization no higher, and standard of open space at least
as high, as permitted or specified in this chapter intthe
district in which the proposed dwelling group is to be loc-
ated.
b. That the tract of land on which the dwelling group is to
be erected comprises at least seventy -five thousand square
feet.
c. That the buildings are to be used only for residential
purposes and the fustomary accessory uses, such as garages,
storage spaces and recreational and community activities.
d. That the average lot area per dwelling unit on the site
exclusive of the area occupied by street, will not be less
than the lot area required for each dwelling unit in'
district in which the dwelling group is to be located.
e. That there are provided, as part of the proposed devel-
opment, adequate recreation areas to serve the needs of the
anticipated population.
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f. That off - street parking is provided on the basis of one
parking space for each dwelling unit within the development.
g. That the development will not produce a volume of traffi
in excess of the capacity for which the access streets are
designed.
h. That property adjacent to the proposed dwelling group
will not be adversely affected.
i. That such dwelling group not be located in an industrial
district.
j. That the proposed group housing development will be con-
sistent with the intent and purpose of this ordinance to
promote public health, safety and general welfare.
SECTION 11
PUBLIC USES
To insure that public uses and structures conform to the gen
eral community pattern and, insofar as practical, to regul-
ations governing private uses and development, agencies of t
the Federal Government, the State, the City and the Borough
should submit plans and receive approvals in conformance
with the regulations outlined herein.
SECTION 12
PRIVATE USE OF PUBLIC PROPERTY
Whenever private use is made of any public land or public
structures, such private use shall fully conform to the reg-
ulations set forth in this ordinance.
Page Thirty „skt; ORDINANCE NO. 211041,-_c
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Page Thirty.aexceal ORDINANCE NO. 140 00L-5
SECTION 13
EXISTING USES
An otherwise lawful use of land, structure, building or prem-
ises (including parking areas), existing at the time this ord-
inance became .effective, but not conforming to the provisions
hereof, may be continued, provided:
1. That if such nonconforming use is discontinued for a perio
ofcover 90 days or is abandoned, the use of such land ther
after shall be subject to the provisions of this ordinance
2. That no building used for such nonconforming use ahall be
added to, structurally altered or enlarged in any manner,
except as required by another ordinance of the city or by
state law, or in order to bring the building and its use
into full conformity with the provisions of this ordinance
nor shall anything be done that would influence the longet
ity or perpetuation of such nonconforming use or building
beyond the normal or reasonable period of time that the
same would exist under the conditions prevailing at the
effective date of this ordinance.
3. That no nonconforming use occupying a conforming building
or portion thereof, or occupying any land, shall be en-
larged or extended into any other portion of such building;
or land notjactually so occupied at the effective date of t
this ordinance.
. Any building or portion thereof ineaxistence prior to the effect-
ive datk.ef this ordinance which is specifically designed or
arrangedrto be lawfully occupied or used in a manner not conform-
ing to the provisions of this ordinance, may thereafter be so
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'Page Thirtyyint , ORDINANCE NO. tya
occupied or used, subject to the limitations set forth above
for existing nonconforming uses. The term "in existence" shall
include, for the purposes of this section only, any building
under actual construction at such date, provided that such build
ing be completed within one year therefrom.
• No Building which has been damaged or partially destroyed to
the extent of more than 50% of its assessed value shall be rep-
aired, moved or altered except in conformity with the provision
of this ordinance.
. The provisions of this section shall apply to uses which become
nonconforming by reason of any amendment to this ordinance, as
of the effective date of such amendment.
. Regardless of any other provision of this ordinance, any junk
yard as defined herein, which after the adoption of this ordin-
ance exists located in any district other than an "I" district
as a nonconforming use, is hereby declared to be a public nuis-
ance and shall be abated, removed or changed to a conforming
use within two years thereafter.
SECTION 14
OFF- STREET PARKING AND LOADING AREA REGULATIONS
. Off- Street Parking
1. There shall be provided at the time of the construction of
any main building or at the time of the alteration, enlarg-
ement or any change in use of any main building, permanentl
maintained free off - street parking facilities for the use
of occupants, employeed or patrons of such building, and
it shall be the joint and several responsibility of the
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of the owner and /or occupant of any main building or structure
to provide, and thereafter maintain, the following minimum free
off - street parking facilities:
a. Dwellings:
(1) For each single family dwelling, two family dwelling
or multiple family dwelling, one private parking space for
each dwelling unit.
b. Buildings Other Than Dwellings:
)1) Motel or boaading house, one private parking space for
each dwelling uhit or guest room.
(2) Hotel, one private parking space for each dwelling
unit and one public parking space for every three guest roots.
(3) Church, general auditorium, high school or college and
itorium, stadium, theatre, meeting hall or eating and drink
ing establishment, one public parking space for each five
seats based on maximum seating capacity.
(4) Danch hall, skating rink, exhibition hall, labor union
hall, or lodge hall - one public parking area for each 200
square feet of floor space.
(5) Hospital - one public parking space for each four beds
based on maximum capacity.
(6) Bank, office building, professional office, funeral
parlor or clinic - one public parking space for each 250
square feet of floor area.
(7) Business office (not generally patronized by public)
- one parking place plus one additional public parking space
for each three employees.
(8) Retail store or business - one public parking space f o
each 500 square feet of floor area, except that a retail
Fage,Eart9., ORDINANCE NO. %Np 644--.5
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(10) Launderette - one public parking space for each two
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(11) Bowling alley - our public parking spaces for each
9
store or business occupying a building which has less than
1,000 square feet of floor area need not provide such parkin
space.
(9) Food market, grocefy store or shopping center - one
5
public p parking space for each 125 square feet of floor area.
10 , alley or lane.
11 (12) Trailer park - one private parking space for each
12 trailer space.
13 (13) Wholesale stores, warehouses and storage buildings -
14 i one public parking space for each three employees, but not
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less than two parking spaces.
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(14) Industrial andrmanufacturing establishments in which
there are more than five employees and officers - one public
parking space for eadh 400 square feet of gross floor area
20 or for every three employees, whichever results in the max-
imum number of parking spaces.
22 (15) Garage, Public - four parking spaces for each service
23 stall or fatility; provided, that all vehicles in the cus-
tody of the operator or the business for service, repair,
storage, sale or other purposes shall be stored on the prem-
ises or on a separate vehicle parking lot and shall not be
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B. General Conditions
1. Every lot or par4e1 of land used as a public parking area
ahall be developed as follows, subject to the approval of
the plans by the Planning Commission:
a. Such area shall be payed or otherwise adequately and
satisfactorily surfaced and shall have appropriate bumper
guards where needed.
b. Where such area adjoins the side of a lot in an "R" dis
trict, it shall be separated from such lot by a fence or hedge
not less than four feet or more than six feet in height.
Such fence or hedge shall be maintained in good condition
and shall not /extend beyond the front yard line required in
such "R" district.
c. Any lights provided to illinminate such parking area
shall be so arranged as to reflect the light away from ad-
joining premises and streets.
2. In the case of a use not specifically I ntioned in this
section, the requirements for off - street parking facilities
shall be the same as the above mentioned use which in the
opinion of the Building Official shall be deemed most simil
3. In the case of mixed uses, the total requirement for off -
street parking facilities shall be the sum of the requirem-
ents for the various uses computed separately. Off- street
parking facilities for one use shall not be considered as
providing required facilities for any other use.
4. Any public or semi- public automobile parking or storage are
used for or incidental to automobile Dr trailer sales,
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storage or service, any type of drive -in business or servic
or in connection with any other use shall be paved or
otherwise suitably, adequately or thatisfactorily surfaced,
and provided further that all such areas existing at the
effective date of this ordinance shall comply with this
requirement within two years.
5. Any land or premises used for public or semi- public atttomob
ile parking, storage, sales or service, public garage or an
type of drive -in business or service or similar use where
Vehicles regularly and customarily require access to such
premises from any public street or alley shall be so design :d
that entrance and exit drives, openings or approaches for
such vehicles and wilf the safest and most desirable
ingress and egress with relation to vehicular and pedestria
traffic in the streets upon which such use abuts. Such en-
trance and exit openings and drive -ways shall not exceed
32 feet in width, and in no case shall any such "driveuin"
service be permitted to use the entire street frontage upon
which such use abuts for entrance or exit facilities.
6. Detailed plans for driveways, openings or curb cuts shall
be submitted to the Planning Commission for approval with
regard to the location and relation of same to the public
street or highway. All such lands or premises devoted to the
uses herein described, and existing at the effective date
of this ordinance shall comply with these requirements within
two years.
7. All parking spaces provided pursuant to this section shall
be on the same lot with the main use it serves or on an
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adjoining lot, except that the Planning Commission may
permit parking spaces to be on any lot within 600 feet of
the use if it determines that it is impractical to provide
parking on the same lot.
S. No existing parking area, and no parking area provided for
the purpose of complying with the provisions of this ordin-
ance, shall hereafter be relinquished or reduced in any mann
er below the requirements herein established.
9. Detailed plans for all parking and loading areas shall accom
pany the building plans when the application for building
permit is made. Such plans shall show the following:
a. Area of the plot involved.
b. Layout and dimensions of each parking space.
c. Entrance and exit to the parkingaarea and the direction
of traffic.
d. Widths of all curb cuts, entrances, exits, or driveways
serving each parking or loading area.
C. Loading Areas
1. On the same lot or premises with every building, structure
or part thereof erected and occupied for commercial, manu-
facturing or industrial use, or other uses similarly involv-
ing the receipt of or distribution of materials or merchandi -e
by vehicles, there shall be provided and permanently main-
tained adequate space for standing of vehicles and loading
and unloading services in such manner as not to obstruct
the freedom of traffic movement upon public streets or alley
Such space shall not be less than 15 feet wide by 25 feet
long with 14 feet height clearance and shall have access to
ad alley or street.
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SECTION 15
SIGN REGULATIONS
. A permit shall be obtained from the Building Official prior to
the installation of any type of sign, name plate, advertising
sign, or advertising structure excepting those less than one
square foot in area.
1. In a "U" or "R" District:
a. One sign on a dwelling unit not exceeding one square foo
giving the name of the occupant and a home occupation.
b. One sign not exceeding six square feet in area for the
purpose of advertising the sale or lease of a building or
premises.
c. One sign not exceeding 20 square feet in area to identif
multiple dwellings, hotels, clubs, lodges, public and semi-
public institutions and similar <uscs.
d. One sign not exceeding six square feet in area to identi
fy non - conforming commercial uses.
e. The above signs Shall be mounted flat against the buildi
or more than 25 feet from any lot line.
2. In a "U" or "R" District one announcement sign or bulletin
board not exceeding 20 square feet for a church or public or
charitable institution. Such sign shall be located at least
five feet back from the front lot line and on the same lot a
the principle building.
3. In a "U" or "R" District one sign not exceeding 100 square
feet in area to advertise a tract development or housing
project of at least two acres in area. Such sign must be
located at least 30 feet from any street line and on the
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property being developed, and shall not be maintained for
more than one year.
4. In the "B" district one sign not exceeding 50 square feet
in area and intthe "I" district one sign not exceeding 100
square feet in area on any one face of a building, provided:
a. That in the event of more than one business enterprise
being housed in the same building, additional signs not ex-
ceeding 50 square feet in area may be permitted by the Plan
ning Commission.
5. In the "I" district one sign not exceeding 100 square feet
on the same lot with a main building or use, provided:
a. That it shall be at least three feet and extend not mor
than 14 feet above the ground.
b. That it shall be 30 feet or more from any street or fut
ure width line.
6. No sign illuminated with flashing or intermittent lighting
shall be permitted in a "U" or "R" district.
SECTION 16
APPROVAL BY PLANNING COMMISSION
A. Whenever it is stated herein that certain buildings, structures
and uses are permitted subject to approval by the Planning Comm-
ission, application for such approval shall be made in writing
and accompanied by the required plans or data.
B. The Planning Commission shall make its findings and determinatio
within 40 days from the date of filing an application and shall
notify the applicant in writing of their decision. If approval
is denied, the Commission shall state their reasons therefor and
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under what condition, if any, the application will be approved.
C. Failure of the Planning Commission to make a determination with-
in the time specified shall constitute approval of the applic-
ation.
SECTION 17
BUILDING PERMITS
A. A building permit shall be required for the erection, construct-
ion, establishment moving, alteration, enlargement, repair or
conversion of any building or structure in any district estab-
lished by this Ordinance, subject to the following provisions:
1. Application for a building permit shall be filed with the
Building official on a form approved by him. If the applic-
ation meets the requirements of this ordinance and any other
applicable regulations, the Building Official will issue a
building permit.
2. In all cases where the Planning Commission or the Board of
Adjustment has allowed a variance or an exception, the Buil-
ding Official shall issue a building permit sufficient to
allow such building or work to be done in accordance with
that decision; provided, that no permit shall be issued pur-
suant to any decision until the time for rehearing or for
appeal shall have expired and then only in the event that
no appeal or application for rehaaring shall have been
filed within such time.
3. No building permit shall be issued by the Building Official
unless it shall appear from the application and coincident
application for certificate of occupancy that the building
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for which such permit is granted shall conform to all of
the applicable regulations of this ordinance and is to be
occupied for a use in conformity with the provisions there-
of. Any permit issued in conflict with this ordinance shal
be null and void.
SECTION 18
CERTIFICATES OF OCCUPANCY
Ad A certificate of occupancy shall be required for any of the fol
lowing:
1. Change in use of an existing building or structure to a
use of a different classification.
2. Occupancy and use of vacant land.
3. Change in use of land to a use of a different classificatio
4. Any change in the use of a nonconforming use.
B. Written application for a certificate of occupancy for the use
of vacant land, a change in the use of Land, building or struc-
ture, or for a change in a nonconfing use, shall be made to
the Building Official. If the proposed use is in conformity
with the provisions of this ordinance, the certificate of occ-
upancy therefor shall be issued within ten days after the appli
ation for same has been made.
C. Such certificate shall describe the lot or parcel of land, the
present and proposed use of lance building or structure; the
number, size and location of any new building or structure; and.
alterations proposed to be made on any existing building or
structure.
D. No vacant land in any district shall hereafter be occupied or
used except as specified or for agricultural uses as permitted,
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and no building or structure hereafter erected or structurally
altered in any district shall be occupied or used until a cert-
ificate of occupancy shall have been issued.
E. Falsification of a certificate of occupancy for a use of proper-
ty or a building not in conformity with such certificate shall
be deemed a violation of this ordinance.
SECTION 19
ENFORCEMENT AND PENALTIES
A. It shall be the duty of the Building Official to enforce the
provisions of this ordinance pertaining to erection, construct-
ion, moving, conversion or alteration of buildings, or to the
occupancy of find or any building or structure or any addition
thereto. It shall be the duty of the Building Officeieto enforce
the provisions of this ordinance pertaining to the use of fund o
building for which any license is required by any other ordinanc
of the borough.
B. Whenever a violation occurs, any person may file a complaint in
regard thereto. All such complaints shall be brought to the
attention of the Building Official who shall properly record::
such complaint and immediately investigate and report thereon.
C. For any and every violation of the provisions of this ordinance
the owner, agent, or contractor of a building or premise where
such violations have been committed or shall exist; the owner,
agent or contractor, lessee or tenant of any part of a building
or premises in which such a violation has been committed or
shall exist, shall be guilty of a misdemeanor and upon convict -
io ion thereof shall be fined not more than one hundred dollars or
imprisoned in jail not to exceed thirty days, or both such fine
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and imprisonment. Each and every day that such violation con-
tinues shall be deemed a separate and distinct violation.
• Any building or structure set up, erected, built, moved or main-
tained or any use of property contrary to the provisions of this
ordinance shall be and the same is hereby declared to be the
unlawful and a public nuisance and the Borough Attorney shall,
upon order of the Borough Assembly, immediately commence action
or actions, proceeding or proceedings, for the abatement remov-
al and enjoinment thereof, in the manner provided by law, and
shall take such other steps and shall apply to such court or
courts as may have jurisdiction to grant such relief as will
abate or remove such building, structure or use, and restrain
and enjoin any person from setting up, erecting, moving or main-
taining any such building or structure, or using any property
contrary to the provisions of this article.
. All remedies provided for herein shall be cumulative and not
exclusive.
. The issuance or granting of a building permit or approval of
plans or specifications under the authority of the Building Cod
shall not be deemed or construed to be a permit for or an appro
al of any violation of any of the provisions of this ordinance
or any amendment thereto. No permit presuming to give authorit
to violate or cancel any of the provisions of this article shal
be valid except insofar as the work or use which is authorized
is lawful and permitted.
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SECTION 20
EXCEPTIONS, VARIANCES AND APPEALS FROM DECISION OF ANY
ADMINISTRATIVE OFFICIAL
A. The Planning and Zoning Commission shall administer this ordin-
ance and in so doing may grant exceptions for additional uses
in the various districts as specifically provided; shall hear
and decide appeals where it is alleged there is an error in
ordinance interpretation; and may vary the strict application
of these regulations in the csse of an exceptionally irregular
narrow, shallow or sloping lot or other exceptional physical
condition where strict application would result in practical
difficulty or unnecessary hardship that would deprive the
prop-
erty concerned of rights possessed by other properties in the
same district, but in no other case.
1. Exceptions
a. An application for exceptions from the regulations of
this ordinance whebever the approval of the Planning Comm-
is.3.1insion is required may be filed by any tax- payer, property
owner, or party affected. The application must fully stat
any and all reasons justifying the granting of the excepti
b. The Planning and Zoning Commission shall cause to be
made by its own members, or by its authorized representati e,
an investigation to determine that such uses will not be
injurious to public health, safety or welfare or detriment
al to other properties or uses in the vicinity.
c. Within 40 days after the receipt of an application,
the Planning and Zoning Commission shall render its decis-
ion. jf it is the opinion of the Commission, after
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consideration of the report of such investigation, that
the use as proposed in the application, or under approp
riate restrictions or conditions, will not endanger the
public health, safety or general welfare, or be incon-
sistent with the general purposes and intent of this
ordinance, the Commission shall approve the application
either with or without conditions. If the proposed use
will tend, in the opinion of the Commission, to endange
in any way the public health, safety or general welfare
or produce results inconsistent with the general pur-
poses and intent of this ordinance, the Commission shal
deny the application.
d. When deemad necessary, the Commission may hold a
public hearing upon any application for an exception
and if such a hearing is "to be held, notice thereof sha
be given in the manner prescribed in paragraph C -2 of
this section, except that such procedure shall specif-
ically refer to an exception and further, that the area
considered by the Commission to be affected by the in-
tended use of land as described in such application may
be extended in such application to a distance greater
than 300 feet of the exterior boundary of such land
and the owners thereof notified of such hearing.
B. Appeals from Interpretation of Ordinance
1. An appeal from any action of the Building Official, or other
• administrative official in the enforcement of the regulations
established by this ordinance may be takell by any person
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aggrieved or by any other officer, department, commission
or board of the baepgh. Such appeal shall be filed within
ten days after a decision has been rendered by the Planni
and Zoning Commission
When an appeal has been filed, the Building Official
or Clerk shall forthwith transmit to the Planning and
Zoning Commission all data pertaining to the application
or action appealed from.
3. The Commission shall render a decision on the appeal
within forty days after the filing thereof.
C. Variances
1. An application for a variance shall be filed in writi g
and verified by the owner of the property concerned.
a. The application shall contain the following data
with respect to the property and the applicant:
(1) A legal description of the property involved.
(2) Plot plans showing the location of all existin .
and proposed buildings or alterations, elevations o
such buildings or alterations, and such other data
as may be required.
(3) Evidence of the ability and intention of the
applicant to proceed in accordance with the plans
within six months after the effective date of the
variance.
b. The application shall contain a statement and ad-
equate evidence.. showing the following conditions,
all four of which must exist before a variance may be
granted:
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(1) That there are exceptional physical /circumstances
or conditions applicable to the property or to its
intended use or development which do not apply general
ly to the other properties in the same land use distri
(2) That the strict application of the provisions of
this ordinance 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 healt
safety or welfare.
(4) That the granting of the variance will not be con
trary to the objectives of the Comprehensive Plan.
2. The Planning and Zoning Commission shall hold a public hea
ing upon each properly submitted application. Such hearing
shall be held not less than ten days nor later than 30 days
following the date of filing of such application and the appli .
ant shall be notified of the date of such hearing. The Comm-
ission shall cause to be sent to each owner of property within
a distance of 300 feet of the exterior boundary of the lot or
parcel of land described in such application notice of the tim
and place of the hearing, a description of the property involv =d
and the provisions of this ordinance from which a variance is
sought. For the purposes of this section, "property owner"
shall mean that owner shown upon the latest tax assessment rol
3. From the time of filing such application until the time
of such hearing, the application, together with all plans and
data submitted, shall be available for public inspection in th
Page XiCticmfaun, ORDINANCE NO. 2M 64 -
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4. The Commission shall cause to be made by its own members,
oA its authorized agent, an investigation of facts bearing on
any application sufficient to assure that the action taken is
consistent with the intent and purpose of this ordinance.
5. The Planning and Zoning Commission shall hear and consider
evidence and facts from any person at the public hearing or
written communication from any person relative to the matter.
The right of any person to present evidence shall not be denie
for the reason that any such person was not required to be in-
formed of such public hearing.
6. Within 30 days from the conclusion of the public hearing,
the }Manning and Zoning Commission shall render its decision
unless such time limit be extended by common consent and agree
ment signed by both applicant and the Commission. If, in the
opinion of the Commission, the necessary facts and conditions
as set forth in this section apply in fact to the property re-
ferred to, and that the same comes within thetpurview of the
Planning and Zoning Commission, it may grant the variance. If,
however, such facts and conditions do not prevail nor apply,
or if the granting of the variance will adversely affect the
property of persons in the vicinity of the applicants property,
or for any other valid reason, the Commission shall deny the
application.
7. 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
Page Fifty -4 , ORDINANCE NO. Pie 6 -5
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architecture, height or building, or structure open spaces or
parking area ;; require conditions of operation of any enterpr-
ise; or may make any other conditions, requirements or safe-
guards that it mjy consider necessary to prevent damage or
prejudice to adjacent properties or detriment to the•tiorpugh.
When necessary, the Commission may require guarantees,in such
form as deemed proper under the circumstances to insure that
the conditions designated will be complied with.
8. The decision of the Planning and Zoning Commission, either
for the granting, with or without conditions, or the denial
of an application for variance, shall become final and effect-
ive ten days following such decision.
9. Any variance approved by the Planning and Zoning Commiss-
ion shall be conditional upon the privilege granted being util
ized within six months after the effective date of the var-
iance. In the event some construction work is involved, it
must actually commence with the stated period and must be dil-
igently prosecuted to completion, otherwise the variance is
automatically voided. In such cases, the Planning and Zoning
Commission may extend the time of the construction start if
satisfactory evidence of tlanning progress is presented.
D. Appeal from Actions of the Planning and Zoning Commission
1. An appeal from any action or decision of the Planning and
Zoning Commission may be taken by any person or party aggrie-
ved. Such appeal shall be taken within ten days of the date
of such action or decision by filing with the Board of Adjust
ment throughtthe Clerk a written notice of appeal specifying
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the grounds thereof.
2. A report concerning each case appealed to the Board of
Adjustment shall be prepared by the Planning and Zoning Commiss-
ion and filed with the Clerk. Such report shall state the de-
cision and recommendations dig the Commission together with the
reasons for each decision and recommendation. All data pertain-
ing to the case shall accompany the report.
3. The filing of an appeal shall stay all proceedings in the
matter until a determination is made by the Board of Adjustment
SECTION 21
BOARD OF ADJUSTMENT
A. Organization
1. The Borough Assembly is the Board of Adjustment for the
area.outside Cities and for Cities which do not exercise this
power. The City Council is the Board of Adjustment within their
boundaries pursuant to Section 07.15.340, Alaska Statutes, and
both City and Borough Boards of Adjustment shall be organized
and have the powers provided for Boards of Adjustment in
Section 29.10.232 -240 AS.
2. The chairman, or in his &beeene, the acting chairman, may
administer oaths and compel attendance of witnesses by subpoena
3. All meetings of the board shall be opentto the public.
B. Powers of the Board
1. Appeals. The Board of Adjustment shall hear and decide
appeals taken from the Planning and Zoning Commission when it
is alleged therelis error in any order, requirement, decision,
or determination made by an administrative official in the
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enforcement of the regulations established by this ordinance.
2. Variances. The Board of Adjustment may, upon appeal taken
from the Planning and _pning Commission and after due notice
and public hearing, authorize such variance from the terms of
this ordinance as will not be contrary to the public interest
where it is found that all four of the specified conditions
exist.
3. U0e Permit. The Board of Adjustment may, upon appeal from
the Planning and Zoning Commission, grant a Use Permit whenever
it is provided in this ordinance that the approval of the Planning
and Zoning Commission is required.
4. In exercising the above ;mentioned powers, the Board of Ad-
justment may, in conformity with the provision of Section 29.10,
232.246 AS, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from
and may make such order, requirement, decision or determination
as ought to be made, and to that end shall have all the powers
of the officer from whom the appeal is taken; provided, however
that the concurring vote of four members of the Board shall be
necessary to reverse any order, requirement, decision or deter-
mination of the Planning and Zoning Commission.
D. Appeal to Superior Court
1. An appeal from any action, decision, ruling, judgment or
order of the Board of Adjustment may be taken by any person or
persons, jointly or severally aggrieved, any taxpayer or any
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officer, department, board or bureau of the -eit31 to the Super-
ior court by filing with the Clerk and with the Board of Adjust-
ment, within 30 days from the action appealed from, a notice
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of appeal which shall specify the grounds of such appeal.
Failure to file said notice of appeal in the manner and time
specified shall forfeit any right to appeal.
SECTION 22
FORCE OF CONDITIONS
A. Any restriction or condition required by the Planning and
Zoning Commission or the Board of Adjustment in the granting of
any use, variance or exception under the provisions of this
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ordinance mist be complied with. Violation of any condition
or requirement shall result in revocation of the permission
granted, and further use of the property or maintenance of any
building thereon shall constitute a $iolation of this ordinanc
and shall be punishable accordingly.
SECTION 23
AMENDMENTS AND CHANGES
A. Whenever the public necessity, convenience, general welfare or
good zoning practise requires, the Borough Assembly may, by
ordinance and after report thereon by the Planning and Zoning
Commission and public hearing as required by law, amend, supp-
lement, modify, repeat, or otherwise change these regulations
and the boundaries of the districts.
B. The Planning and Zoning Commission shall report in writing to
the Borough Assembly on any proposed change or amendment re-
gardless of the manner in which such change is initiated and
such report shall include:
1. Findings as to steed and justification for a change or amen
went.
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2. Findings as to the effect a change or amendmentivould have
on the objectives of the Comprehensive Plan.
3. Recommendations as to the approval or disapproval of the
change or amendment.
C. Changes in the ordinance may be initiated in the following
manner:
1. The Borough Assembly upon its own motion.
2. The Planning and Zoning Commission upon its own motion.
3. Sy petition of one or more owners of property within an
area proposed to be rezoned.
a. A petition shall be in the form of an application for
a change in the boundary of a district, shall be filed in t e
office of the Planning and Zoning Commission, be accaapani-
ied by such data and information as may be neceaaary to
assure the fullest practicable presentation of facts and
shall set forth reasons and jmstification' for proposing
;;u such change.
D. When deemed necessary, the Planning and Zoning Commission may
hold a public hearing before considering any change in the bou
daries of a district. If such hearing is to be held, notice
thereof shall be given /in the manner prescribed above for var-
iances except that such procedure shall specifically refer to
an application for change in the boundary of a district.
Where property within an area proposed to be changed is not un
er the same ownersh4p, all owners of property within the area
shall be notified of such hearing. Within 60 days after the
ditty of' meeting: at which the Planning and Zoning Commission
set the time and place for the hearing or within 60 days after
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Page &ixty -ene-, ORDINANCE NO. 2M0-4
the filing of an application when no hearing is called, the
Planning and Zoning Commission shall report its findings to th
Borought Assembly. If such change was initiated by petition,
the signers shall be notified by the Commission of its recom-
mendation, such notice sent by registered mail not more than
five days after the commission has filed the report with the
Borough Assembly.
E. When the Planning and Zoning Commission deems it necessary or
expedient, may consider other property for change or amendment
in addition to the property deseribed in an application for
change in the boundary of a district, and may include such
additional property in the notices of hearing and consider
amendments relating to such property at the public hearing.
F. The Borough Aseembly shall consider an application or Planning
and Zoning Commission recommendation for change in the boundar
of a district or any other Planning and Zoning Commission rec-
ommendation proposing a change in this ordinance, and the re-
port of the Planning and Zoning Commission at its next regular
meeting after receipt of such report. If from the facts pre-
sented and by the findings of the report of the Planning and
Zoning Commission, it is determined that the public necessity,
convenience, general welfare, or good zoning practice requires
the change or amendment, or any portion thereof, the Borough
Assembly by ordinance shall effect such amendment, supplement,
change, or reclassification.
G. No ordinance of the Borough Assembly affecting an amendment,
supplement, change or classification, repeal of regulations or
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restrictions, the boundaries of districts or classifications
of property shall become effective until after a public hear-
ing in relation thereto at which parties in interest and cit-
izens shall have an opportunity to be heard. At leas 15 days
notice of the time and place of such hearing shall be publishe
80)20 h
in a paper of general circulation in the amity, When the propos
ed amendment covers a change in the boundaries of a district,
notice to owners of property shall be given in the manner abov
described for variances.
H. In case of a protest against a change in zoning district class
ification signed by the owners of 20 per cent or more, either
of the area of the lots included in suhh proposed change, or
of the area of the lots immediately abutting the area included
in such proposed change, or separated therefrom only by an all =y
or street, such amendment shall not become effective except by
the favorable vote of all five members of the Borough Assembly.
I. All ordinances changing zoning district boundaries shall be
numbered consecutively. All such changes of district boundar-
ies shall be filed with and indexed in the office of the Clerk
and shall be noted on the Zoning Map.
J. Any application for change of land use classification initiate
by a property owner shall'Jbe accompanied by a fee payable to
the Clerk which shall be in the sum of Twenty dollars for any
one lot plus One Dollar for each additional lot included withi
such petition. All costs of maps, publication and notice to
• property owner and other administrative expenses involved shal
be covered by such fee.
Page. SInt-y -two, ORDINANCE NO. me 64-...5
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SECTION 24
SEVERABILITY
A. In the event any portion, section, subsection, sentence,
clause or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of any
court of competent jurisdiction such decision shall not
affect the validity of the remaining portions of this
ordinance.
Publication of this Ordinance shall be made by posting
a cow hereof on the Borough Assembly Bulletin Board
for a period of ten (10) days following its passage
and approval.
First Reading and Approval date: July /C , 1964.
Second Reading and Approval date: August 6, 1964.
Passed by the Kodiak Island Borough Assembly, the
(o'day of August, 1964.
ATTEST:
BIROUGH CHAIRMAN
PRESIDING 0ICER
Published:
Page . 84311notirret, ORDINANCE NO. 210. 44 S