Ketchikan Gateway Borough
City Zoning Code
City Zoning Code
18.20 Introduction
18.20.010 Title and effective date.
This title shall be officially known as “Title 18 of the Ketchikan Gateway Borough Code of Ordinances.” It also may be called “Title 18,” the “zoning ordinance,” or the “land use regulations” and is referred to throughout this document as “this title.” This title shall become effective on August 8, 2023. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.020 Authority.
This title is adopted pursuant to authority granted by the Alaska Constitution and the Alaska Statutes, specifically:
(a) AS 29.40.010. Requires a first or second class borough to provide planning, platting, and land use regulations on an area-wide basis.
(b) AS 29.40.020. Requires the establishment of a planning commission, which is charged with, among other things, preparing a comprehensive plan for adoption by the borough assembly.
(c) AS 29.40.040. Requires the adoption, by ordinance, of provisions governing the use and occupancy of land. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.030 Purpose of this title.
The purpose of this title is to implement the comprehensive plan in a manner which protects the public health, safety, welfare, and economic vitality by:
(a) Encouraging land development patterns that promote the public health, safety and welfare now and into the future;
(b) Encouraging the efficient use of existing infrastructure and the available land supply;
(c) Promoting a pattern of land use and development upon which to provide for adequate transportation, water supply, sewerage, and other public facilities;
(d) Providing appropriate development incentives to achieve an economically balanced and diverse community and to further the economic development goals of the municipality;
(e) Promoting development patterns that protect and enhance the surrounding community character;
(f) Encouraging a diverse supply of quality housing located in safe and livable neighborhoods;
(g) Encouraging a balanced supply of nonresidential land uses that are compatible with adjacent land uses and have good access to appropriate infrastructure;
(h) Protecting the diversity of fish and wildlife habitats by minimizing adverse impacts of land development on economically valuable natural resources and features;
(i) Encouraging development of a sustainable and accessible system of recreational facilities, parks, trails, and natural open space that meets neighborhood and community-wide needs. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.040 Ketchikan Gateway Borough Comprehensive Plan adopted.
The borough assembly shall adopt by ordinance the official comprehensive plan of the Ketchikan Gateway Borough. The comprehensive plan may include, but is not limited to:
(a) Statements of policies, goals, and standards;
(b) A land use plan;
(c) A community facilities plan;
(d) A transportation plan;
(e) Parks and recreation plan; and
(f) Neighborhood plans. [Ord. No. 2094A, §1, 2-2-26; Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.050 Periodic comprehensive plan review.
The planning commission shall periodically undertake and complete an overall review of the current comprehensive plan, and shall present recommendations, based on such review, to the assembly. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.060 Saxman development plan adopted.
The document consisting of text, maps and charts, entitled “Saxman Neighborhood Development Plan,” dated 1967, is hereby adopted as the Saxman neighborhood development plan. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.070 Saxman development plan review.
In order that the Saxman neighborhood development plan shall be at all times current with the needs of the city of Saxman and the borough, and shall represent the best thinking of the city of Saxman and the borough assembly, the borough planning commission and the boards, commissions and departments within the borough in the light of changing conditions, the planning commission shall every 10 years review the Saxman neighborhood development plan and recommend to the assembly and the Saxman city council extensions, changes or additions to the plan which the planning commission considers necessary. Should the commission find that no changes are necessary, this finding should be reported. This review procedure should be timed so that any necessary amendments to the plan may be adopted by the council prior to the commencement of any major improvements. [Ord. No. 2084, §13, 9-15-25; Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.080 Severability.
(a) Invalidating a Provision. If any court of competent jurisdiction invalidates any provision of this title, then such judgment shall not affect the validity and continued enforcement of any other provision of this title.
(b) Invalidating the Application of a Provision. If any court of competent jurisdiction invalidates the application of any provision of this title, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment, unless the circumstances leading to the invalidation are the same or substantially similar with respect to the other building, structure, or use.
(c) Invalidating a Condition. If any court of competent jurisdiction invalidates any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment, unless the circumstances leading to the invalidation of the condition are the same or substantially similar. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.090 Borough held harmless.
The Ketchikan Gateway Borough shall not be held liable for any conflicts between private citizens that may arise as a result of this title. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.100 Zoning official.
A zoning official, designated by the borough manager, shall administer and enforce this title. The zoning official may be provided with the assistance of such other persons as the borough assembly deems necessary. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.010 Title and effective date.
This title shall be officially known as “Title 18 of the Ketchikan Gateway Borough Code of Ordinances.” It also may be called “Title 18,” the “zoning ordinance,” or the “land use regulations” and is referred to throughout this document as “this title.” This title shall become effective on August 8, 2023. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.020 Authority.
This title is adopted pursuant to authority granted by the Alaska Constitution and the Alaska Statutes, specifically:
(a) AS 29.40.010. Requires a first or second class borough to provide planning, platting, and land use regulations on an area-wide basis.
(b) AS 29.40.020. Requires the establishment of a planning commission, which is charged with, among other things, preparing a comprehensive plan for adoption by the borough assembly.
(c) AS 29.40.040. Requires the adoption, by ordinance, of provisions governing the use and occupancy of land. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.030 Purpose of this title.
The purpose of this title is to implement the comprehensive plan in a manner which protects the public health, safety, welfare, and economic vitality by:
(a) Encouraging land development patterns that promote the public health, safety and welfare now and into the future;
(b) Encouraging the efficient use of existing infrastructure and the available land supply;
(c) Promoting a pattern of land use and development upon which to provide for adequate transportation, water supply, sewerage, and other public facilities;
(d) Providing appropriate development incentives to achieve an economically balanced and diverse community and to further the economic development goals of the municipality;
(e) Promoting development patterns that protect and enhance the surrounding community character;
(f) Encouraging a diverse supply of quality housing located in safe and livable neighborhoods;
(g) Encouraging a balanced supply of nonresidential land uses that are compatible with adjacent land uses and have good access to appropriate infrastructure;
(h) Protecting the diversity of fish and wildlife habitats by minimizing adverse impacts of land development on economically valuable natural resources and features;
(i) Encouraging development of a sustainable and accessible system of recreational facilities, parks, trails, and natural open space that meets neighborhood and community-wide needs. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.040 Ketchikan Gateway Borough Comprehensive Plan adopted.
The borough assembly shall adopt by ordinance the official comprehensive plan of the Ketchikan Gateway Borough. The comprehensive plan may include, but is not limited to:
(a) Statements of policies, goals, and standards;
(b) A land use plan;
(c) A community facilities plan;
(d) A transportation plan;
(e) Parks and recreation plan; and
(f) Neighborhood plans. [Ord. No. 2094A, §1, 2-2-26; Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.050 Periodic comprehensive plan review.
The planning commission shall periodically undertake and complete an overall review of the current comprehensive plan, and shall present recommendations, based on such review, to the assembly. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.060 Saxman development plan adopted.
The document consisting of text, maps and charts, entitled “Saxman Neighborhood Development Plan,” dated 1967, is hereby adopted as the Saxman neighborhood development plan. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.070 Saxman development plan review.
In order that the Saxman neighborhood development plan shall be at all times current with the needs of the city of Saxman and the borough, and shall represent the best thinking of the city of Saxman and the borough assembly, the borough planning commission and the boards, commissions and departments within the borough in the light of changing conditions, the planning commission shall every 10 years review the Saxman neighborhood development plan and recommend to the assembly and the Saxman city council extensions, changes or additions to the plan which the planning commission considers necessary. Should the commission find that no changes are necessary, this finding should be reported. This review procedure should be timed so that any necessary amendments to the plan may be adopted by the council prior to the commencement of any major improvements. [Ord. No. 2084, §13, 9-15-25; Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.080 Severability.
(a) Invalidating a Provision. If any court of competent jurisdiction invalidates any provision of this title, then such judgment shall not affect the validity and continued enforcement of any other provision of this title.
(b) Invalidating the Application of a Provision. If any court of competent jurisdiction invalidates the application of any provision of this title, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment, unless the circumstances leading to the invalidation are the same or substantially similar with respect to the other building, structure, or use.
(c) Invalidating a Condition. If any court of competent jurisdiction invalidates any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment, unless the circumstances leading to the invalidation of the condition are the same or substantially similar. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.090 Borough held harmless.
The Ketchikan Gateway Borough shall not be held liable for any conflicts between private citizens that may arise as a result of this title. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]
18.20.100 Zoning official.
A zoning official, designated by the borough manager, shall administer and enforce this title. The zoning official may be provided with the assistance of such other persons as the borough assembly deems necessary. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]