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
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