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1993-64 Amending Kodiak Island Borough Code Title 16 Subdivisions Relating to the Waiver Procedure.KODIAK ISLAND BOROUGH ORDINANCE NO. 93 -64 AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE TITLE 16 SUBDIVISIONS AND TITLE 17 ZONING RELATING TO THE WAIVER PROCEDURE WHEREAS, WHEREAS, WHEREAS, Section 1: Section 2: Kodiak Island Borough. ark. Title 29 of the Alaska Statutes mandates the waiver of subdivision procedures when a division of land meets certain requirements; and The waiver procedure provides for minimal review of a proposed division of land to ensure that it meets the requirements set forth in statute; and The Kodiak Island Borough wants to make the waiver procedure, and related codes, responsive to the needs of property owners within the Borough; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough Code Section 16.10.050 A. Waivers is hereby amended as follows: 16.10.050 Waivers. No subdivision shall be approved by the borough except upon submission of a plat prepared in accordance with chapters 16.40 and 16.50 of this title, except that: A. Pursuant to AS 2 9.40.090(b), the community de velenm director dirtr shaii waiver the preparation, submission for a o n of of a plat upon satisfactory evidence that the subdivision recording gthe following requirements. The -pint wiµ Introduced by: Requested by: & Zoning Drafted by: & Zoning Introduced: Public Hearing: Adopted: Mayor Selby Planning Commission Planning Commission 10/21/93 11/04/93 11/04/93 1. ` saibdwide a single lot into not more than four (4) lots end. Each lot created by the subdivision Witt is five (5) acres or larger in size; Ordlnan s No. 93-64 Page 1 of 4 Kodiak Sand Borough. Alaska 2. lit must provide legal and physical access to a public highway or street for each lot created. For purposes of this section, practical access to a navigable waterway meets --the repteirecnent is itt vale tb se as tts pi appt mus' tierruptstrate` tto t director that proposed access can b econo0084r firom any navigable waterway to a I is consistent with Title 17 coning requirements 3. ,,. not contain or require the dedication of a street, right -of -way, or other area; Isi pr? ii 5 ver �k tiiort must i c � that all taxes of he Kodiak isi 4 not require a vacation of a public dedication of land or a variance from a subdivision regulation. Section 3. Kodiak Island Borough Code section 16.10.050.D is hereby amended by the following addition: Section 4: Kodiak Island Borough Code Section 16.10.050.D.1 is hereby amended as follows: 1. Subdivision and conveyance of land which is mandated by federal law (for example, a reconveyance required under Section 14 (c) of the Alaska Native Claims Settlement Act). A porsen °Miura No. 9344 P. 2 of 4 Section 5: Kodiak Island Borough Code section 16.20.120 (Lot) is hereby amended as follows: 16.20.120 Lot. A measured portion of a parcel or tract of and fixed on a plat filed for record ... Section 6: Kodiak Island Borough Code Section 16.40.060 Procedure is hereby amended as follows: 16.40.060 Procedure. Section 7: Kodiak Island Borough Code Section 17.03.060.A Zoning Compliance is hereby amended as follows: 17.03.060 Zoning Compliance. A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified by the department, and other applicable regulations, a permit will be issued. Kodiak Island Borough. Alaska land which is described Ordinance No. 93-84 Page 3 of 4 9 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS 4th DAY OF NOVEMBER, 1993 KODIAK ISLAND BOROUGH 1 Jero � ATTEST: ( DC7tin. I7Ln.ccr Donna F. Smith, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. 93 -84 Page 4 of 4