1984 MOAMEMORANDUM OF AGREEMENT
BETWEEN THE
KODIAK ISLAND BOROUGH
AND THE
CITY OF KODIAK
The Kodiak Island Borough and the City of Kodiak wish to estab-
lish a coordinated procedure for the enforcement of zoning
regulations within the city limits. This Memorandum of Agreement
sets out the procedures for this enforcement.
In the past, there has been little direct enforcement of zoning
regulations by either the Borough or the City. Enforcement has
been complicated due to the fact that the two ove nine is have.
responsibility for enforcing different
permit within the city limits. In addition, a process which
requires separate inspection for zoning compliance is an unneces-
sary expense to the taxpayers of both the city an the borough.
OBJECTIVES+r-�--
.
1. To provide inspection for zoning compliance in conjunction V
with building inspection within the City of Kodiak.
2. To ensure coordinated and consistent enforcement of zoning
regulations within the City of Kodiak.
3. To provide a specific and acceptable process for enforcing
zoning compliance within the City of Kodiak.
POINTS OF AGREEMENT
1. No building permit will be issued by the City of Kodiak
without written zoning authorization from the Borough;
except as may be otherwise provided for in Borough code.
2. Written zoning authorization by the Borough will be on a
form provided by the Borough and printed in a format mutu-
ally agreed to by the City and the Borough. The format
shall include at a minimum the following information:
a. Property corner markers with identification must be in
place and available for verification of setback dis-
tances by the City or Borough Building Inspectors/
Officials; and
b. The applicant acknowledges that the information pro-
vided for issuance of the authorization is correct, and
that he/she agrees to comply with all ordinances and
laws regulating zoning compliance.
3. The written zoning authorization will be specific in its
identification of regulations that require compliance,
r
including approvals or conditions ( ecified by the
Kodiak Isla ,. Borough Planning and Zon_ .g Corunission.
4. In the field, it will be the responsibility of the City
Building Inspector/ Official to enforce the provisions of
the written zoning authorization:
a. Setback requirements, prior to the foundation being in
place;
b. Height restrictions, while the building is under
construction; and
C. Off-street parking requirements and development
standards; upon final inspection.
d. Permitted uses in zoning districts shall be enforced
throughout the inspection process.
5. In a case of conflict between the applicant and the Building
Inspector/Official over either the written zoning authoriza-
tion or the imposition of specific zoning regulations, the
Building Inspector/Official's interpretation shall stand,
unless appealed to the Kodiak Island Borough Planning and
Zoning Commission.
6. In a case of confusion over the written authorization and/or
the zoning regulations being enforced, it is the responsibil-
ity of the Building Inspector/Official to work with the
Kodiak Island Borough Community Development Department in
order to establish a common determination to resolve the
confusion.
GENERAL PROVISIONS
1. Direct contact between the Borough and the City are in no
way limited by this Memorandum of Agreement. Such contacts
are encouraged to promote more effective communication and
coordination.
2. Nothing herein will be construed as obligating the Borough
or the City to violate any laws or regulations.
3. This Memorandum of Agreement will be reviewed at least every
two years as to current adequacy and need.
4. This Memorandum of Agreement will become effective on the
date of signatures as evidenced below and will remain in
effect until mutually revised in writing or until 30 days
after notice of termination by either the Borough or the
City.
DATED this tgT' day of mpec-A 1984.
KODIAK ISLAND BOROUGH
By
CITY OF KODIAK
BY dl�o