Loading...
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 KIBC 17.65 Exceptions is hereby repealed.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 Page 1 of 2 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 Kodiak Island Borough Code 17.26.200 is hereby repealed.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 Page 2 of 2