1981-54 Amending Title 17 of the KIB Code, Pertaining to Zoning, by Revising Chapter 17.03, General Provisions and Deleting Portions of Chapter 17.30, General Use Regulations1 1 7 c'
KODIAK ISLAND BOROUGH
ORDINANCE NO. 81 -54 -0
AN ORDINANCE AMENDING TITLE 17 OF THE KODIAK ISLAND BOROUGH CODE,
PERTAINING TO ZONING, BY REVISING CHAPTER 17.03 - GENERAL PROVISIONS AND
DELETING PORTIONS OF CHAPTER 17.30 - GENERAL USE REGULATIONS.
BE IT ORDAINED BY the Kodiak Island Borough Assembly that:
i SECTION 1: Chapter 17.30 - General Provisions is hereby amended to read as
follows:
CHAPTER 17.03
GENERAL PROVISIONS AND USE REGULATIONS
SECTIONS:
17.03.010
17.03.020
17.03.030
17.03.040
17.03.050
17.03.060
17.03.070
17.03.080
17.03.090
Application of provisions
Conformity with regulations required
Alteration or erection of structures
Yard or open space limitation
Approval by Planning Commission
Building permits
Building permit and conformity to zoning
Uses prohibited unless authorized
Similar uses may be permitted.
17.03.010 Application of Provisions. The provisions established by
this Title for each district are minimum regulations and apply uniformly to
each class or kind of structure or land.
17.03.020 Conformity with regulations required. No building, part of a
building, or any land shall be used, occupied, erected, moved or altered unless
in conformity with the provisions of this Title for the district in which the
buildng or land is located.
17.03.030 Alteration or erection of structures. No structure shall be
erected or altered to exceed the height, to accomodate or house a greater
number of families, to occupy a greater percentage of lot area, to have a
narrower or smaller front yard, side yard, or rear yard, than is specified in
this Title for the. district in which the structure is located.
17.03.040 Yard or open space limitation. No yard or open space provided
about a buildng for the purpose of complying with this Title shall be considered;
as providing a yard or open space for any other building. No yard or open space;
on one lot shall be considered as providing a yard or open space for any other
lot.
17.03.050 Approval by Planning Commission. When it is stated in this
Title that uses are permitted subject to approval by the Planning Commission
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KODIAK ISLAND BOROUGH
0 ORD�N{CMCE1N0. 81r 1 I 7
PAGE 2
Department with a site plan. The Planning Commission shall make its findings
within forty (40) days of the date the application is submitted and notify the
applicant, in writting, of its decision. If denied, the Commission shall stat,
its reasons for denial and the avenues of appeal available to the applicant.
17.03.060 Building permits. A building permit is required for the
erection, construction, establishment, moving, alteration, enlargement, repair
or conversion of any building or structure in any district established by this
Title, subject to the following:
A. An application for a building permit will be filed with the Building
Official on a form approved by him. If the application meets the requirements
of this Title, as verified by the Zoning Officer, and other applicable regulat-
ions, the permit will be issued.
B. In all cases where the Planning Commission or the Board of Adjust-
ment has granted a variance or an exception to this Title, the Building Officials
will issue a building permit to allow the building work to be done in accordance)
with the decision, except that no permit will be issued following the granting
of a variance or exception until the time for filing an appeal has expired and
it is verified that no appeal has been filed.
C. No building permit shall be issued by the Building Official until
the Zoning Officer has verified from the application for the proposed building
that it conforms and will be occupied for a use in conformity with the provisions
and regulations of this Title. Any permit issued in conflict with this Title
is null and void.
17.03.070 Building permit and conformity to zoning. No building permit,
plans or specifications will be approved which permits any violation, modific-
ation or waiver of this Title. When the of a building permit, plans or
specifications conflict with this Title, the provisions of this Title will govern.
17.03.080 Uses prohibited unless authorized. Land uses not listed as a
permitted use in a district are prohibited.
17.03.090 Similar uses may be permitted. Land uses other than those
specifically permitted in a district may be allowed if they are similar to those
listed and are found by the Planning Commission, after a public hearing, not to
be obnoxious or detrimental to the welfare of the community.
SECTION 2: Sections 17.30.010 -Uses prohibited unless authorized, 17.30.020 -
Similar uses may be permitted and 17.30.030 - Uses other than those specifically'
excluded are hereby repealed.
SECTION 3: This Ordinance shall be effective upon passa e and adoption.
PASSED AND APPROVED THIS AV=IDAY OF , 1981.
KODI S AND/ GH
RY:
kG
a cnapfe � lo. 8 14 -1 7 .,
ATTEST:
BY:
Borough Cl
EFFECTIVE DATE:
REQUESTED BY:
PREPARED BY:
RECOMMENDATION:
Ordinance.
1• • .84 8. .1. .1 8. .1111
, 1 - 1,11 - I . .. .
FIRST READING: November 9, 1981
SECOND READING DATE: �l/� e/
, �J tP1
Community Development Department
Community Development Department
rov.1 of this