1981-31 Amending Chapter 17.06 Definitions, Creating Chapter 17.67 Conditional Use Permits+' 3
KODIAK ISLAND BOROUGH
ORDINANCE NO. 81 -31 -0
AN ORDINANCE AMENDING CHAPTER 17.06 DEFINITIONS, CREATING CHAPTER
,17.67 CONDITIONAL USE PERMITS.
The Kodiak Island Borough Assembly Ordains:
q ' SECTION 1: Cha ter 17.06 Definitions is amended to include the following new
;I definition:
:1 17.06.165 Conditional Use Permit. "Conditional Use Permit" means
i s method of allowing for flexibility within the zoning regulations by permit-
ting certain specified uses in zoning districts after additional controls and
safeguards are applied by the Planning and Zoning Commission to insure their
ti
compatibility with permitted principal uses.
11 SECTION 22: Cha ter 17.67 Conditional Use Permits is hereby created and
estab-
1llshed to read as follows:
SECTIONS:
17.67.010 Intent
17.67.020
Application and Fee
17.67.030 Site Plan
17.67.040 Public Hearing
17.67.050 Standards
17.67.060 Stipulations
17.67.070 Actions by the Planning and
Zoning Commission
17.67.080 Appeals
17.67.010 Intent. It is recognized that there are land uses which
are generally considered appropriate in certain zoning districts provided that
controls and safeguards are applied to insure their compatibility with per-
mitted principal uses. The conditional use permit procedure is intended to
allow consideration of the impact of the proposed conditional use on surround-
ing property and the application of controls and safeguards to assure that the
conditional use will be compatible with the surrounding area.
Danc 1 ilrylinanno in R1_11 -0
Chapter 17.67
Conditional Use Permits
17.67.020 Application and Fee.
A. An application to the Community Development Department for a
conditional use or modification of an existing conditional use may be initi?
by a property owner or his authorized agent.
B. An application for a conditional use shall be filed with the
Department on a form provided. The application for a conditional use permit
shall be accompanied by a filing fee of fifty ($50.00) dollars, payable to the
Kodiak Island Borough.
17.67.030 Site Plan. A detailed site plan showing the proposed
location of all buildings and structures on the site, access points, drainage,
vehicular and pedestrian circulation patterns, parking areas and the specific
location of the use or uses to be made of the development shall be submitted
with the application, together with other information as may be required to
comply with the standards for a conditional use listed in this article and in
other pertinent sections of this chapter.
17.67.040 Public Hearing. The Planning and Zoning Commission shall!
hold a public hearing within thirty (30) days after the filing of the applica-
tion. The Community Development Department shall give notice of hearing as
required.
17.67.050 Standards. In granting a conditional use permit, the
Planning and Zoning Commission must make the following findings:
A. That the conditional use will preserve the value, spirit,
character and integrity of the surrounding area;
8. That the conditional use fulfills all other requirements of
this chapter pertaining to the conditional use in question;
C. That granting the conditional use permit will not be harmful to
the public health, safety, convenience and comfort;
D. That the sufficient setbacks, lot area, buffers or other safe-
guards are being provided to meet the conditions listed in subsections A
through C of this section;
E. If the permit is for a public use or structure, the Commission
must find that the proposed use or structure is located in a manner which will
maximize public benefits.
Paae 2 Ordinance No. 81 -31 -0
11 11 1 1 � i
it
17.67.060 Stipulations. In recommending the granting of a condi-
'. tional use, the Planning and Zoning Commission shall stipulate, in writing,
requirements which it finds necessary to carry out the intent of this chapter.
These stipulations may increase the required lot or yard size, control the
location and number of vehicular access points to the property, require screen-
1
ing and landscaping where necessary to reduce noise and glare, and maintain
the
property in a character in keeping with surrounding area; or may impose other
conditions and safeguards designed to insure the compatibility of the condi-
I tional use with other uses in the district.
I � 17.67.070 Action b Plannin and Zonin Commission. The Plannin
1 and Zoning Commission shall render a decision on the application for con 9
condition-,
ii al use permits within thirty (30) calendar days from the date of public hearing,
11 The Community Development Department shall incorporate any conditions and re-
quirements stipulated by the Commission in the conditional use permit.
17.67.080 Appeals. The Planning and Zoning Commission's action may
be appealed to the Borough Assembly by any party. Right of appeal is forfeited
unless the appeal is filed within twenty (20) days of the Commission's decision.
SECTION 3: This Ordinance shall be effective upon passage and approval.
PASSED AND APPROVED this 6th day of _..ALL9ust
1981.
ATTEST:
Boroug Cler
FIRST READING DATE: July 2, 1981
SECOND READING AND PUBLIC HEARING: August 6, 1981
EFFECTIVE DATE: August 6, 1981
PREPARED BY: Comnunit Develo ent De Department
p
REQUESTED BY: Plannino and Zoning Commission
11 RECOMMENDATION: Recommended for a roval by the Plannin and Zonin Commissio
Pana 1 ordinance No. 81 -31 -0
KODIAK ISLAND BOROUGH
Borough ayor Deputy ProTem