1983-40 Revising Chapter 17.66 of Borough Code on Exceptions, Variances, and Appeals.1 - I 1 1 4 1
KODIAK ISLAND BOROUGH
ORDINANCE NO. 83 -40 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REVISING
CHAPTER 17.66 OF BOROUGH CODE ON EXCEPTIONS, VARIANCES AND APPEALS.
The Kodiak Island Borough Assembly Hereby Ordains:
SECTION 1: That Section 17.66.010 Planning Commission -- Administrative
Action, is repealed and reenacted to read as follows:
17.03.055 Planning Commission -- Administrative Action. The
Planning Commission by resolution may adopt rules consistent with this Title
to implement, interpret or make specific its provisions. Copies of all rules
adopted under this section shall be available to the public in the a #f4eee -e€
t e- bu4 ;d4ng- eff4e4a; Community Development Office and the Borough Clerk's
Office.
SECTION 2: That Sections 17.66.020 through 17.66.050 are repealed and
reenacted to read as follows:
SECTIONS:
17.65.010
17.65.020
17.65.030
17.65.040
17.65.050
17.65.060
17.65.070
17.65.080
17.65.090
17.65.100
CHAPTER 17.65
EXCEP11CNS
Authority and Purpose
Application
Investigation
Public Hearing and Notice
Approval or denial
Conditions
Effective date
Cancellation
Appeals
Stay pending appeal
17.65.010 Authority and Purpose. The Planning Commission shall
review and act upon applications for exceptions. Exceptions are provided for
by this chapter for the purpose of providing consideration of land uses which
are not specifically permitted by zoning district regulations.
17.65.020 Application. An application for an exception may be
filed by a property owner or his authorized agent. The application shall be
made on a form provided by the Community Development Office and accompanied by
the required fee and site plan. All applications shall be available for
public inspection.
17.65.030 Investigation. An investigation of the exception
request shall be made and a written report provided to the Planning Commission
by the Community Development Office. Specific items to be addressed in the
report are the anticipated effects of the proposed use on the public's health,
safety and general welfare and anticipated impact on other properties or uses
in the neighborhood.
17.65.040 Public Hearing and Notice. The Planning Commission
shall hold a public hearing on each properly submitted application for an
exception within thirty days after the filing of the application. The
applicant shall be notified of the date of such hearing. The Community
Development Office shall send to each owner of property within a minimum
distance of three hundred feet of the exterior boundary of the lot or parcel
of land described in the application, notice of the time and place of the
public hearing, a description of the property involved, its street address a
the action requested by the applicant. For the purposes of this chapter,
"property owner" means that land owner shown on the latest tax assessment
,roll. Notice shall also be provided in accordance with State law by legal
publication in local newspapers.
1 '1 1 1 1 1 1 4/
17.65.050 Approval or Denial. Within forty days after the filing
of an application, the Planning Commission shall render its decision unless
such time limit has been extended by common consent and agreement of the
applicant and the Commission.
A. Approval. If it is the finding of the Commission, after
consideration of the investigator's report and receipt of testimony at the
public hearing, that the use as proposed in the application, or under
appropriate conditions or restrictions, will not endanger the public's health,
safety or general welfare, or be inconsistent with the general purposes and
intent of this title, and not adversely impact other properties or uses in the
neighborhood, the Commission shall approve the exception, with or without
conditions.
B. Denial. If the Commission finds, after consideration of the
investigator's report and receipt of testimony at the public hearing, that the
proposed use will tend to endanger the public's health, safety or general
welfare in any way or produce results inconsistent with the general purposes
and intent of this Title, or adversely impact other properties or uses in the
neighborhood•, the Commission shall deny the exception.
17.65.060 Conditions. The Commission, in approving an exception,
may: establish conditions under which a lot or parcel of land may be used or a
building constructed or altered; make requirements as to architecture, height
of building or structure, open spaces or parking areas; require conditions of
operation of an enterprise; or make any other conditions, requirements or
safeguards that it may consider necessary to prevent damage or prejudice to
adjacent properties or detrimental to the Borough. 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.
17.65.070 Effective Date. The decision of the Planning
Commission to approve or deny an exception shall become final and effective
ten days following such decision.
17.65.080 Cancellation. Failure to utilize an approved except=
within twelve months after its effective date shall cause its cancellation.
17.65.090 Appeals. An appeal of the Planning Commission's
decision to grant of deny an exception may be taken by any person or party
aggrieved. Such appeal shall be taken within ten days of the date of the
Commission's decision by filing with the Board of Adjustment through the City
or Borough Clerk a written notice of appeal specifying the grounds thereon.
17.65.100 Stay Pending Appeal. An appeal from a decision
granting an exception stays the decision appealed from until there is a final
decision on the appeal.
SECTION 3: That Sections 17.66.090 through 17.66.170 are repealed and
reenacte to read as follows:
SECTIONS:
17.66.010
17.66.020
17.66.030
17.66.040
17.66.050
17.66.060
17.66.070
17.66.080
17.66.090
17.66.100
17.66.010 Authority and Purpose. The Planning Commission shall
review and act upon applications for variances. Variances are provided for
the Chapter for the purpose of relaxing zoning district requirements in
special circumstances.
ORDINANCE NO. 83 -40 -0
PAGE 2
CHAPTER 17.66
VARIANCES
Authority and purpose
Application
Investigation
Public hearing and notice
Approval or denial
Conditions
Effective date
Cancellation
Appeals
Stay pending approval
filed by a property Ar arca An application for a variance may be
made on a form e6 royiow is authorized agent. The application shall be
the required a red m ep and ed tb b plan. jhe.Commnunity Development Office and accompanied by
public inspection. All applications shall be available for
request shall
17.66.030 annvestj ation. An investigation of the variance to the
by the Community DevelopmentwOffice. reThetfindingsdrequiredPtonbenmade by the
Commission shall be specifically addressed in the report. g Commission
17 .66.040 Public Hearin and Notice. The Planning Commission
shall hold a pu is earin
variance within thirty days after of the tapplication�onTher a
applicant shall be notified of the date of such hearing. The Community
Development Office shall send to each owner of property within minimum a
distance of three hundred feet of the exterior boundar
of land described in the application, notice of the time and place of the
public hearing, Y of the lot or parcel
and the action, requestedpb y o the f applicant ert F o r n th e v p u r poses s of street address,
"property owner" means that land owner shown on the latest tax assessment
roll. Notice shall also be provided in accordance with State law by legal
publication in local newspapers.
of an applicati. 6.050 A royal or Dial. Within forty days after the filing
such time limit has extendedoby�conmonsconsentnand agreement� of ' the he less
applicant and the Commission.
A. A royal. If it is the finding of the Commission, after
consideration of t e investigator's report and receipt of testimony at the
public hearing, that the use proposed in the application, or under appropriate
conditions or restrictions, meets all of the following, the variance shall be
granted:
1. are conditions applicable That
opment
or
district' use
not apply generally to other properties in the same land
2. That the strict application of the provisions of this Title
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's health, safety or general welfare;
4. That the granting of the variance will not be contrary to
the objectives of the comprehensive plan;
5 . That actions of the applicant did not cause special
conditions or financial hardship or inconvenience from which relief is being
sought by a variance; and
6. That granting the variance will not permit a prohibited
land use in the district involved..
B. Denial. If the Commission finds, after consideration of the
investigator's report and receipt of testimony at the public hearing, make all of the required findings in Section 17 .66.050(A) it shall deny
the variance. 9. that it
17.66.060 Conditions. The Commission, in granting the variance,
may: establis con tons un er which a lot or parcel of land may
be a building constructed or altered; make requirements as to architecture,
height of building or structure, open spaces or parking areas; require used or
conditions of operations of an enterprise; or make an y other conditions,
requirements or safeguards that it may consider necessary essary to prevent damage
prejudice to adjacent properties or detrimental to the borough. When
necessary, the Commission may require guarantees in such form as deemed poper
under the circumstances to insure that the conditions designated will be
complied with.
ORDINANCE N0. 83 -40 -0
PAGE 3
17.66.070 Effective Date. The decision of the Planning
Commission to approve or deny a variance shall become final and effective ten
days following such decision.
17.66.080 Cancellation. Failure to utilize an approved varian,
within twelve months after its effective date shall cause its cancellation.
17.66.090 Appeals. An appeal of the Planning Commission's
decision to grant or deny a variance may be taken by any person or party
aggrieved. Such appeal shall be taken within ten days of the date of the
Commission's decision by filing with the Board of Adjustment through the City
or Borough Clerk a written notice of appeal specifying the grounds thereof.
17.66.100 Stay Pending Appeal. An appeal from a decision
granting a variance stays the decision appealed from until there is a final
decision on the appeal.
SECTION 4. That Sections 17.66.060 through 17.66.080 and 17.66.180 through
17.66.200 are repealed and reenacted to read as follows:
CHAPTER 17.68
APPEALS
compliance;
this Title.
SECTIONS:
17.68.010
17.68.020
Appeals from Planning Commission Decisions
Appeals from Administrative Decisions
17.68.010 Appeals from Planning Commission Decisions.
A. Appeal Initiation. An appeal from any action or decision
of the Planning Commission may be taken by any person or party aggrieved.
Such appeal shall be taken within ten days of the date of such action or
decision by filing with the Board of Adjustment through the City or Borough
Clerk a written notice of appeal specifying the grounds thereof.
B. Report. A report concerning each case appealed to the
Board of Adjustment shall be prepared by the Community Development Office any
filed with the appropriate clerk. Such report shall state the decision and
recommendation of the Commission together with the reasons for each decision
and recommendation. All data pertaining to the case shall accompany the
report.
C. Stay. An appeal from any action or decision of the
Commission stays the decision appealed from until there is a final decision on
the appeal.
17.68.020 Appeals from Administrative Decisions.
A. Decisions Appealable. The following decisions of the
Zoning Officer are subject to appeal to the Planning Commission:
B. Appeal Initiation. A decision described in subsection A of
this section is final unless appealed to the Planning Commission within ten
days of the mailing of notice of the decision. An appeal is commenced by
filing with the Community Development Department a written notice of appeal,
specifically stating the reason for the appeal and the relief sought. An
appeal under this section may be brought by any person aggrieved by the
decision appealed.
C. Public Hearing. The Planning Commission shall hold a
public hearing on each appeal. At the hearing. the Commission shall review
the appeal record and hear evidence and arguments presented by persons
interested in the appeal.
ORDINANCE NO. 83 -40 -0
PAGE 4
1. The denial of a building permit based on a lack of zoning
2. The issuance of an order under Section 17.75.010(A) of
1 0 1 -) I 1 1 1 7
D. Decision. The Planning Commission shall either affirm or
reverse the Zoning Officer's decision in whole or in part.
E. Findings. Every decision of the Planning Commission on an
appeal shall be based upon findings and conclusions adopted by the Commission.
The findings must be reasonably specific so as to provide the community, and
where appropriate, reviewing authorities, a clear and precise understanding of
the reason for the decision.
F. Stay. An appeal from a decision of the Zoning Officer
stays the decision appealed from until there is a final decision on the
appeal.
SECTION 5: That this Ordinance shall be in full force and effect upon
passage and adoption.
ATTEST:
BY:
PASSED AND APPROVED THIS 2nd DAY OF June , 1983.
:242i;ve
orougt C1 erk '
FIRST READING DATE: May 5, 1983
BY
SECOND READING AND PUBLIC HEARING DATE: June 2, 1983
EFFECTIVE DATE: June 2, 1983
REQUESTED BY: Community Development Department
PREPARED BY: Community Development Department
RECOMMENDATION:
nRD INANCE NO. 83 -40 -0
KODIAK ISLAND BOROUG
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