1992-17 Deleting Kodiak Island Borough Code 17.65 and Providing for Appeals of Decision Made Under Kodiak Island Borough Code 17.03.090KODIAK ISLAND BOROUGH
ORDINANCE NO. 92 -17
Introduced by: Mayor Selby
Requested by: Planning & Zoning Commission
Drafted by: Community Development Depart
Introduced: 10/15/92
Public Hearing: 11/05/92
Adopted: 11/05/92
AN ORDINANCE DELETING KODIAK ISLAND BOROUGH CODE 17.65
AND PROVIDING FOR APPEALS OF DECISION MADE UNDER
KODIAK ISLAND BOROUGH CODE 17.03.090
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has
investigated Kodiak Island Borough Code (KIBC) 17.65 Exceptions for
consistency with Alaska Statute 29.40; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has found
that KIBC 17.65 Exceptions is inconsistent with Alaska Statute 29.40.;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1:
Section 2:
Section 3:
Section 4:
This ordinance is of a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
KIBC 17.65 Exceptions is hereby repealed.
Kodiak Island Borough Code 17.03.060 B is hereby amended as follows:
17.03.060 Zoning Compliance B. In all cases where the planning
commission or the board of adjustment has granted a variance [or an
cxccption] to this title, the department will issue zoning compliance to
allow the building work to be done in accordance with the decision,
except that no permit will be issued following the grant of a variance [of
cxccption] until the time for filing an appeal has expired and it is verified
that no appeal has been filed.
Kodiak Island Borough Code 17.26.020 B is hereby amended as follows:
17.26.020 Permit Procedure B. For other zoning districts, the
commission shall utilize [on cxccption] the Condition. al use permit
procedure to approve mobile home parks. If approved, subsection (a) of
this section 17.26.020 will apply. If the commission denies the
Kodiak Island Borough, Alaska Ordinance No. 92 -17
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Section 5:
Section 6:
Section 7:
ATTEST:
application it dies at that point unless appealed to the Assembly. If
passed by the Assembly, the community development department shall
issue zoning compliance [and the engineering department shall issue a
construction permit].
Kodiak Island Borough Code 17.26.200 is hereby repealed.
Kodiak Island Borough Code 17.100.020 C is hereby amended as
follows:
17.100.020 Powers of the Board C. Appeals from the decisions of the
planning and zoning commission on requests for [exceptions or]
variances from the terms of the zoning ordinacnces and frorn findings as
may be required by sections of this title.
Section 17.36.090 is hereby added to the Kodiak Island Borough Code
as follows:
17.36.090 Exceptions. When a lot, structure or use was authorized by
the provisions of former KIBC 17.65 concerning an application for
exceptions but does not meet the current requirments of this title, it shall
be considered to have "non- conforming" status and permitted to
continue within the limits set forth in this chapter.
ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY
THIS 5th OF NOVEMBER, 1992
KODIAK ISLAND BOROUGH
I- "77>�et fT
na F. Smith, Borough Clerk
Kodiak Island Borough, Alaska
JerG e M. Selby, Borough Mayo
Th
McFfarland, Presiding Offiber
Ordinance No. 92 -17
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