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Introduced by: Borough Assembly <br /> I Requested by: Borough Assembly 1 <br /> Planning and Zoning Commission <br /> 2 Drafted by: Community Development Department <br /> 3 Introduced: 07/30/2015 <br /> 4 Public Hearing: 08/06/2015 <br /> 5 Adopted: 08/06/2015 <br /> 6 KODIAK ISLAND BOROUGH <br /> 7 ORDINANCE NO, FY2016-04 <br /> 8 <br /> 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND <br /> 10 BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF <br /> 11 ORDINANCES TITLE 17 ZONING, CHAPTER 17.140 EXISTING <br /> 12 NONCONFORMING USES AND STRUCTURES TO ALLOW MOBILE <br /> 13 HOMES DISPLACED UNDER ALASKA STATUTES 34.03.226 TO <br /> 14 RELOCATE WITHIN EXISTING NONCONFORMING MOBILE HOME <br /> 15 PARKS <br /> 16 <br /> 17 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises <br /> 18 planning, platting, and land use regulations on an area wide basis pursuant to Chapter <br /> 19 29.40 Alaska Statutes; and <br /> 20 <br /> 21 WHEREAS, in accordance with AS 29.40, the Borough adopted Ordinance No. FY2008- <br /> 22 10 Kodiak Island Borough 2008 Comprehensive Plan Update on December 6, 2007 <br /> 23 replacing the 1968 Comprehensive Plan; and <br /> 24 <br /> 25 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 Zoning in accordance <br /> 26 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and <br /> 27 <br /> 28 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, <br /> 29 convenience, general welfare or good zoning practice requires, the assembly may, by <br /> 30 ordinance and after report thereon by the commission and public hearing as required by <br /> 31 law, amend, supplement, modify, repeal or otherwise change these regulations and the <br /> 32 boundaries of the districts;" and <br /> 33 <br /> 34 WHEREAS, the recent announced closure of Jackson's Mobile Home Park pursuant to <br /> 35 AS 34.03.225(a)(4) will result in nearly 100 families being forced to relocate; and <br /> 36 <br /> 37 WHEREAS, many of the mobile homes in question may not be able to be moved due to <br /> 38 age, structural condition, or modifications over time; and <br /> 39 <br /> 40 WHEREAS, no other existing mobile homes parks in Kodiak currently have approval for <br /> 41 additional spaces to be added to those parks; and <br /> 42 <br /> 43 WHEREAS, most existing mobile home parks are nonconforming land uses and <br /> 44 expansion of nonconforming land uses is not permitted under KIBC Chapter 17.140 <br /> 45 Existing Nonconforming Uses and Structures; and <br /> Kodiak Island Borough, Alaska Ordinance No. FY2016-04 <br /> Page 1 of 7 <br />