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
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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
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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
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