1981-28 Providing Procedures for Contract ZoningKODIAK ISLAND BOROUGH
ORDINANCE N0. 81 -28 -0
AN ORDINANCE PROVIDING PROCEDURES FOR CONTRACT ZONING.
BE IT ORDAINED BY the Kodiak Island Borough Assembly that:
!SECTION 1: Title 17 of the Kodiak Island Borough Code is amended to include a
K new chapter 73, as follows:
CHAPTER 17.73
CONTRACT ZONING
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!17.73.010 Authority. Amendments to the zoning map (rezonings) may be approved
subject to one or more contract limitations which restrict the use of land be- I
iyond that provided by a proposed zoning change.
117.73.020 Purpose. For the purposes of this section "contract zoning" means a
11 rezoning to a less restricted use and when the owner of the property involved
;agrees, either through a contract with the Borough or a covenant in favor of
same, and places restrictions on the use of his land which ao beyond the require -
ments contained in the proposed zoning district.
17.73.025 Limitation. A rezoning using the special provisions of this chapter
must conform to the standards contained in chapter 17.72.
17.73.030 Scope. Limitations established by contract zoning may: '..
1. limit the use of property affected so that one or more of the uses
which would otherwise be permitted in the district classification
being adopted shall not be permitted in this specific district as
amended;
require compliance with such design standards relating to the con-
struction, design and placement of buildings, landscaping, streets,
roadways, pathways drainage ways and other site design features as
may be necessary to protect the community from the impact of future 1
development.
1 ,17.73.050 Requests for Limitations. A request for contract zoning shall specify
those uses and structures to be allowed under the terms of the proposed limit-
ations. The request shall also specify any site design features which the party!
!making the request wishes to be considered as limitations. The request shall '
include a binding committment on the part of the owner (s) to use the property
only in accordance with the contract zoning limitations.
17.73.060 Planning Commission Review. The Planning Commission shall review
contract zoning proposals following the procedures specified in Chapter 17.72
for amendments and changes. The Planning Commission shall consider and make
l recommendations on all aspects of the proposed contract and may recommend
additional or substitute limitations.
17.73.070 Assembly Action. The Assembly shall act on contract zoning proposals
following the procedures specified in Chapter 17.72. When a zoning change has
been initiated by the owner or owners of the subject parcel, the Assembly shall
not apply contract zoning limitations more restrictive than those applied for by
!the petitioner and /or approved by the Planning and Zoning Commission unless the
(written agreement of the petitioner is obtained.
Page 1 Ordinance No. 81 -28 -0
Page 2
fOrdi name !No. 8rt2870
1.7.73.080 Amendment of Zoning Map. The official zoning map shall be amended as
!necessary to reflect the existence of contract zoning. Areas affected by con -
''tract zoning shall be indentified by the use of the suffix "CZ" and shall be
hclearly distinguished from areas in like zoning districts which are not subject
!Ito contracts. The number of the Ordinance creating a district subject to a
, icontract shall be printed on the zoning map within the boundaries of the
Jaffected district.
17.73.090 Contract Zoning to control. Contract Zoning provisions contained in
an Ordinance amending the official zoning map shall govern over any inconsistent.
lIregulations contained in the zoning regulations. All district and supplemental
idistrict regulations not specifically affected by a contract shall apply in the
!same manner as if they were not subject to contract limitations.
I!
ATTEST
BY:
)Ordinance
PASSED AND APPROVED this 2nd
FIRST READING DATE: June 4, 1981
day of July
KODIAK ISLAND BOROUGH
BY
SECOND READING, PUBLIC HEARING, PASSAGE DATE: July 2, 1981
EFFECTIVE DATE: C/,, ;,2 /9P/
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(REQUESTED BY: Planning Commission
PREPARED BY: Planning and Community Development Department
, 1981
(RECOMMENDATION: The Planning and 7onino Commission recommends approval of this