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