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1990-26 Establishing a Zoning Enforcement Policy.By: Recommended by: Introduced: Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. 90-26 Mayor Selby P&Z Commission 04/05/90 04/05/90 A RESOLUTION ESTABLISHING A ZONING ENFORCEMENT POLICY WHEREAS, Alaska Statutes Chapter 29.35 establishes authority for planning and describes planning powers in Alaska. First and second class boroughs are required to provide for planning, platting, and land use regulation on an areawide basis in accordance with the comprehensive plan. Comprehensive plans are designed to give a degree of predictability and certainty to the patterns and costs of community growth. Specifically, the purpose of the Kodiak Island Borough Comprehensive Plan is to provide "a guide for orderly and efficient development ... in accordance with the decrees of its citizens." (p. 1); and, WHEREAS, the principal vehicles for implementing the comprehensive plan, in addition to the capital budget, are land use regulations consisting of the zoning ordinance and subdivision (platting) ordinance. The plan is essentially an advisory document, while zoning and platting regulations are enforceable; and, WHEREAS, zoning classifies land according to uses, which may be permitted, permitted with conditions, or not permitted. Alaska Statutes 29.40.040 contains municipal authority for zoning and other land -use regulation providing that, in order to implement the comprehensive plan, "... the Assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include but are not limited to zoning regulations restricting the use of land and improvements by geographic districts;" and, WHEREAS, the Planning and Zoning Commission has recommended that Kodiak Island Borough Assembly adopt the Zoning Enforcement Policy Second Draft dated December 1989; and WHEREAS, in Alaska, zoning is an expression of the municipal police power granted to local governments under Article X, Section 1 of the State Constitution. The police power is basically the government's right to place controls over individual behavior and the use of private property to protect the public health, safety and welfare; and Reaalutian No. 90-26 Page 1 of 3 WHEREAS, in many respects, the degree to which a planning program is effective and credible is determined by how well zoning administration is carried out. To a large extent, zoning was developed to preserve and protect neighborhood values. People who depend on the zoning ordinance to protect their neighborhoods and investments, depend on enforcement of zoning laws to ensure that zoning works and advances the goals of the comprehensive plan. NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that the Zoning Enforcement Policy for the Kodiak Island Borough is as follows: Since the major responsibility of zoning is to accomplish the goals and objectives of the comprehensive plan, zoning enforcement is necessary to ensure that a community's planning efforts are followed and to assure compliance with the land development process. The legislative intent of comprehensive, long-range, and current planning controls can be implemented only by land use development activities in conformance with these controls. Improper or illegal conditions or development which are allowed to exist undermine the intent and efforts of these land use processes. Zoning enforcement is an integral part of the Kodiak Island Borough's land use planning and development program. The goal is to ensure compliance with the Borough's zoning code and protect all citizens from zoning violations by reducing, through a uniform and fair process of abatement, existing violations and eliminating, through increased public awareness, potential violations. The enforcement program is directed toward elimination of the violation, not punishment of the violator. The underlying philosophy is that the majority of persons in violation of zoning ordinances are in violation due to ignorance of the law and will voluntarily comply with the community's regulations once they have been properly informed. While this is accomplished by a "notice of violation" letter issued by the Community Development Department when a complaint has been received and the violation verified, a program of public education can also serve to inform citizens and act as a tool of prevention. Consistent with the principal focus on elimination of the violation, such a program directed toward increasing public awareness of what is permitted or not permitted in specific zoning districts - and why - should address categories of violations that seem to have a tendency to recur and become especially problematic. These categories might be characterized as seasonal (i.e., fishing gear storage, squatters), chronic (i.e., junk yards, hazardous materials), and acute (violations or potential violations perceived by elected or appointed officials or the public as needing immediate attention). Education about zoning regulations and enforcement of the Resolution No. 90-26 Page 2 of 3 regulations can take place through the media and at public meetings. It is recognized that, in certain cases, the elimination of the violation will be accomplished only through a court action. The steps established to ensure compliance with the zoning ordinance leads logically to legal proceedings initiated against a property owner when the deadline established by administrative decision to abate a violation is not met or appealed to the Planning and Zoning Commission. Zoning enforcement in the Kodiak Island Borough is undertaken on complaint basis, with written complaints receiving priority. Zoning enforcement is initiated by staff generally only in situations potentially harmful or hazardous to public safety or degrading to neighborhoods or the environment. Therefore, zoning inspection caseloads consists primarily of violations which have been brought to the Community Development Department's attention by concerned citizens. This type of inspection/enforcement program differs distinctly from one in which enforcement actions are initiated by staff based on systematic observations. The reasons are twofold: 1. LIMITED RESOURCES. With only one investigator/enforcement officer, a systematic program staff - initiated zoning enforcement would increase the case load to a level which would reduce the effectiveness and efficiency of current enforcement efforts. 2. NEIGHBORHOOD STANDARDS. Since a particular zoning violation might be a nuisance for one neighborhood and not another, the investigation -upon -complaint system seeks to be more responsive to violations which actually have a negative impact on citizens by allowing "neighborhood standards" (as defined by complaints received) to dictate which violations are enforced. PASSED AND APPROVED THIS 5th DAY OF APRIL, 1990. ATTEST: �Boroh Cle 1 KODIAK ISLAND BOROUGH B rough Mayor /P siding Officer Resolution No. 90-26 Page 3 of 3