1983-58 Revising Chapter 17.72 of Borough Code on Amendments and Changes4 7 r
amendments;
SECTIONS
17.72.010
17.72.020
17.72.030
17.72.040
17.72.050
17.72.055
17.72.060
17.72.070
17.72.080
KODIAK ISLAND BOROUGH
ORDINANCE NO. 83 -58 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REVISING
CHAPTER 17.72 OF BOROUGH CODE ON AMENDMENTS AND CHANGES.
The Kodiak Island Borough Assembly Hereby Ordains:
i SECTION 1: That Chapter 17.72 of Borough Code is revised to read as
i o1Tows.
CHAPTER 17.72
AMENDMENTS AND CHANGES
Authority
Report From Planning Commission
Manner of Initiation
Hearing on Boundary Change
Boundary change may include
additional property
Submission to Assembly
Hearing determination
Hearing -- Required -- Notice
Boundary Change -- Protest
17.72.010 Authority. Whenever the public necessity,
convenience, general welfare or good zoning practice requires, the Borough
Assembly may, by Ordinance and after report thereon by the Planning
Commission and public hearing as required by law, amend, supplement, modify,
repeal or otherwise change these regulations and the boundaries of the
districts.
17.72.020 Report from Planning Commission. The Planning
Commission shall report in writing to the Borough Assembly on any proposed
! change or amendment regardless of the manner in which such change is initiated
and such report shall find:
A. Finds as to need and justification for a change or
B. Findings as to the effect a change or amendment would
have on the objectives of the comprehensive plan;
C. Recommendations as to the approval or disapproval of the
change or amendment.
17.72.030 Manner of Initiation. Changes in this title may be
initiated in the following manner:
A. The Borough Assembly upon its own motion;
B. The Planning Commission upon its own motion;
C.
area proposed tobe shall o be e in thepformrof an thin an
application for a change in the boundary of a district, shall be filed in
the Community Development Office, ef the nann4ng- 6emm4ss4en be accompanied
by the required fee and such data and information as may be necessary to
assure the fullest practicable presentation of facts and shall set forth
reasons and justification for proposing such change.
17.72.040 Hearing on Boundary Change. When - deemed- necessary
The Planning Commission shall hold a public hearing before considering any
change in the boundaries o a district. 4 f - such - hear4ng- 4s- 4e- be -he36 Notice'
thereof shall be given in the manner prescribed in this title for variances
� ( 1 l l 'L
I
KODIAK ISLAND BOROUGH
ORDINANCE NO. 83 -58 -0
PAGE 2
procedure shall specifically refer to an application for
except that the p within change in the boundary of a district. Where propertY an area
proposed to be changed is not under the same ownership, all owners of
Witrsn of
property within the area shall be notified of such hearing. Within9
• ee Watt- €er - €he public hearing ew-w €shun -simty
30 days after the date of the m+ee € €hg- at-whieh - t e
Ee �ssteh- see- €he g # e -atd - p W}ea € #et- whet -he- pear €t'- }5- ea} }edj the
p1annirgeCommission shallareppp
If
Planning Commission shall repo e�ition f the �s9gnenstshaBlrbe notifAssembly.
ed by the
such change was initiated by p
registered mail not more t an ive days Communit Develo ment De artment of its the Commission's
recommendation, suc notice sent y
after the Commission's bas- € } }e4- ape- repert- with-the-Beree0- Assemb y public
1 .2.e_02.1 .
17.72 mmiss�ondaeemshatnecessaryloreexpeiental�trmayrt
When the Planning erty for change or amendment in addition to the property
described otnea paop lication for change in the boundary of a district, and
may inclu de such uc rap ro erty in the notices of ublic hearing and
relating consider amenndmdmentis s relaatiti property
to such property at the pub is hearing.
17 72 055 Submission to Assembly.
A. Within thirty
days after the Planning Commission has
change in accordance with the
acted favorably upon a proposed zoning may
above provisions, a report with recommendations shall be submitted to the the
A
Assembly together with the eradvisoryronlynand shall not be po t the ce. Such
Planning Commission shall
b
Assembly. When act indaccordance with th ance has been a nd notice
Assembly shall act
iissued,. a
of
as provided in Section 17.72.070 b rotestori9htsCestablishedcby
hearing shall include a description of t e p
Section 17.72.080.
B. If the Planning Commission recommends denial of any
proposed amendment, its action shall be final unle the snit n statement
initiatin party within twenty ten 10 day
wit t e ered'h Clerk requesting t at the amendment Commission's action be
taken up by the Borough Assembly. shall
17.72.060 Hearin Determination. ssion recommendationAssembly
for change in
consider an app icatlon or anning Commission recommendation
change i
other Planning Commission
n
the proposing a change a district title, any from the
proposing a change in this title, and the report of the Planning
at its next regular meeting after receipt of such report. If, general
d facts p convenience g
son, itdisndetermined�that9the public necessity, olaenieg
wemmirsion, practice requires the change or amendment or any
wel e good the
d iBg p b ordinance shall effect such
i am e n portion thereof, , supplement, ochangeAorereclassification.
1 amendment,
17.72.070 Hearin - -Re uired-- Notice. ordinance of the
Borough f A ction y
a ect ng an amen ment, supp the boundaries of
shall become effective until after
classification, repeal er of regulations or restrictions
a
districts or e i g irelation classifications of propertY
at
opportunity to be heard. At least seven does notice
a public hearing in relation thereto at which parties in interns and
ji of shall have place
When the proposed amendment covers rala
• 1 of the time and place of such hearing shall be published in a p
c n t u in to e B d
property c in nhtheomanneredescribedsinithisntitle for o variances.
be given in rotes
i
17.72.080 Boundar than a -- rotest. In case of the owner
against a change in zoning istrict c asst ication signed by
I twenty percent or more, either of the area of the lots included in such
9 1
I I
proposed change or of the area of the lots immediately abutting the area
included in such proposed change or separated therefrom only by an alley or
' street, such amendment shall not become effective except by the favorable
vote of all f4ve members of the Borough Assembly.
I
fi
i SECTION 2: That this Ordinance shall be in full force and effect upon
i passage and adoption.
7
KODIAK ISLAND BOROUGH
ORDINANCE NO. 83 -58 -0
PAGE 3
ATTEST:
BY:
PASSED AND APPROVED THIS 1st DAY OF
, 1983.
KODIAK AND BORi GH
BY:
FIRST READING DATE: August 4, 1983
SECOND READING AND PUBLIC HEARING DATE :_ Seoteme
br i 1084
EFFECTIVE DATE: September 1 1983
REQUESTED BY: The Planning and Zoning Commission
, PREPARED BY: The Community Development Department
RECOMMENDATION: Planning Commission recommended aonrnvai
�orou �•••IA 4
9 '.yor