FY2023-19 Off-Street ParkingI
1 KODIAK ISLAND BOROUGH
2 ORDINANCE NO. FY2023-19
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4 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
5 KODIAK ISLAND BOROUGH CODE SECTION 17.175.050, OFF-STREET PARKING -
6 LOCATION
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8 WHEREAS, the Kodiak Island Borough Code 17.175.050 permits parking requirements under
9 KIBC 17.175.040 to be satisfied by securing parking on another lot based upon common
10 ownership, long term easement, license, or permit; and as necessary to describe the reasons for
11 the ordinance; and
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13 WHEREAS, the Kodiak Island Borough routinely recommends a condition that any parking
14 encumbrance used to satisfy the parking requirements KIBC 17.175.040 on a separate lot be
15 recorded in order to provide notice to potential future buyers; and
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17 WHEREAS, the Kodiak Island Borough Code does not currently require recording of notice of
18 a parking encumbrance where parking on a separate lot is required to comply with KIBC
19 17.175.040; and as necessary to describe the reasons for the ordinance; and
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21 WHEREAS, the Kodiak Island Borough Assembly finds that, where off-street parking
22 requirements for a building use are met by an easement, license or permit for parking on another
23 lot, the public interest supports memorializing the parking encumbrance so that potential buyers
24 are aware of the scope of the parking encumbrance and are bound by its terms.
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26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
27 BOROUGH that:
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29 Section 1: This ordinance is of a general and permanent nature and shall become a part of the
30 Kodiak Island Borough Code of Ordinances.
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32 Section 2: That Section 17.175.050 of the Kodiak Island Borough Code of Ordinances is
33 amended to read as follows:
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35 17.175.050 Off-street parking — Location.
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37 All parking spaces required under KIBC 17.175.040 shall be on the same lot as, or any contiguous
38 lot in common ownership as, the principal building or use that they serve; provided, that if the
39 commission finds that it is impractical to locate the spaces on such a lot, it may permit them to be
40 located on any lot within 600 feet of the principal building or use. The lot must be in common
41 ownership or a long-term easement, license, or permit for use of the alternative parking shall be
42 secured. Where parking spaces required for compliance with this Chapter are not located
43 on the same lot as the principle Business use that they serve a notice shall be recorded
44 identifying the benefitted lot and the burdened lot and memorializing the scope of the
Ordinance No. FY2023-19 Page 1 of 2
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parking encumbrance on the lot on which the required parking spaces are located. Once
accepted as satisfying the requirements of KIBC 17.175.040, the approved parking
encumbrance may not be modified unless the modification is reviewed and approved as
provided in KIBC 17.175.100.
All parking spaces required under KIBC 17.175.040 shall be located in a use district permitting
the use which they serve.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF SEPTEMBER, 2023.
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Introduced by: Assembly
First reading: 08/17/2023
Second reading/public hearing: 09/07/2023
A ST:
A Ira
Nova M. Javier, MMC, Bo ough Clerk
VOTES:
Ayes: Griffin, LeDoux, Sharratt, Smiley, Turner, Delgado
Absent: Smith
H
Ordinance No. FY2023-19
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