Ketchikan Gateway Borough
City Zoning Code

18.90 Application

Processing Procedures

18.90.010 Purpose and structure of this chapter.

The purpose of this chapter is to enumerate the various processes the borough has developed to execute the provisions of AS Title 29 that require second class boroughs to adopt land use regulations. For each process the following information is provided: the purpose of the process; the authority for the grant or denial of an application submitted to initiate the process; the application requirements; the process that will be followed in evaluating a decision on the application; the standards by which the application will be evaluated; the responsibilities and authorities the reviewing agency has in making a decision on an application; and the process by which a decision can be appealed. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]

18.90.020 Administrative permits.

(1) Intent. Zoning permits are a tool that is used to verify that the development and/or uses on a parcel of land do, or will when completed, meet the minimum requirements of this title. These minimum requirements are intended to protect the general health and welfare of the public by: preventing or limiting impacts between property uses, and thereby conflicts between property owners; enhancing the ability of first responders and utility providers to provide services; ensuring properties have access to adequate wastewater disposal; reducing unnecessary burdens on public infrastructure; and minimizing the damage caused by disaster events.

(1) A zoning land development permit is required:

a. Prior to starting new construction, or the erection, assemblage, or placement of a structure and/or accessory of attachment thereto unless construction, erection or assemblage is exempt under subsection (b)(2) of this section.

b. Prior to starting the alteration, movement, or enlargement of enclosed space, or the coverage of any uncovered area of any existing structure and/or appurtenance, unless the alteration, movement, enlargement, or coverage is exempt under subsection (b)(2) of this section.

c. In order to utilize a variance in accordance with KGBC 18.90.030.

d. In order to utilize a conditional use permit in accordance with KGBC 18.90.040.

e. When certainty of the nonconforming status of an existing building or structure is desired.

f. To bring an existing building, structure, or accessory that exists in violation of this title into compliance.

a. Fences not exceeding 12 feet in height.

b. The construction, alteration, replacement or repair of building systems and components within the existing enclosed space of the structure, including interior partitions and finishes, cabinetry, and heating, electrical, or plumbing systems.

c. Repair or replacement of exterior finishes, the replacement or installation of windows and doors, and the repair of walkways and decks.

d. The construction of covered or uncovered wheelchair ramps, and associated building entry landings less than 120 square feet.

e. Uncovered stairways and walkways providing access to any principal building or accessory subject to the following limitations:

1. Stair width may not exceed 60 inches including treads, stringers, balusters, railings, and supporting structures; and

2. Landings may not be larger than 120 square feet.

3. Walkway width may not exceed 60 inches including decking, stringers, balusters, railings and supporting structures, and may not be more than 30 inches above grade, excluding railings.

f. Coverings less than 120 square feet in area that shelter the entrance to a building.

g. Uncovered driveways and parking areas.

h. The demolition or removal of existing buildings and structures except when demolition or removal is required for compliance with the standards of this title.

i. Not more than one one-story detached accessory building used as tool and storage shed, playhouse, and other similar type use, provided the gross floor area does not exceed 200 square feet, and the roof eaves or overhangs do not project more than 12 inches beyond the outside walls.

j. Docks, gangways, and piers not supporting more than one building meeting the criteria of subsection (b)(2)(i) of this section.

a. The application shall be on a form provided by the department and be accompanied by plans containing sufficient information to determine compliance of the proposed construction or alteration with the provisions of this title; and

b. To-scale site plan showing:

1. All property lines; and

2. Existing structures; and

3. Proposed structures; and

4. Parking areas showing compliance with the provisions of Chapter 18.70 KGBC; and

5. Street frontages and access points; and

6. The location of above-ground and below-ground utilities to be installed; and

7. Building height and the method used to calculate it; and

8. For properties with existing buildings, an as-built survey meeting the standards contained in subsection (f) of this section; and

9. An application for a sign permit according to the provisions of Chapter 18.80 KGBC; and

10. An application for a water permit required under KGBC 13.05.030; and

11. An application for a sewer permit required under KGBC 13.10.060, or an approval by the appropriate agency, or certification of the installation of a private sewer system; and

12. An application for a land use permit as contained in subsection (c) of this section.

(1) A zoning land use permit is required:

a. Prior to the initiation of a new use, additional use, or the expansion of an existing use.

b. Prior to initiation of site development or natural resource extraction either for a subdivision, as provided for in KGBC 17.10.010, or for site development of a parcel as defined in KGBC 18.10.200.

c. In order to utilize a conditional use permit in accordance with KGBC 18.90.040.

d. In order to utilize a variance in accordance with KGBC 18.90.030.

e. Concurrently with a zoning land development permit application if the development will impact a use-dependent development standard or increase the flow of wastewater.

(2) Exemptions. The following are exempt from the requirement to obtain a zoning land use permit:

a. Site development not involving the removal of commercially marketable natural resources.

b. A change resulting in a use that has, and meets, identical development standards to the use being replaced.

c. Operation of a mobile food vendor for not more than two hours in one location during any 24-hour period.

a. The application shall be on a form provided by the department and contain sufficient information to determine compliance with the provisions of this title.

b. A detailed description of the proposed use to be permitted, including any floor plans or other diagrams necessary to determine compliance with this title, including the parking requirement contained in Chapter 18.70 KGBC.

c. An application for a sign permit according to the provisions of Chapter 18.80 KGBC.

(d) Application Authority. An application for a zoning permit must be signed by the owner(s) of record of the subject property, or any other person authorized to bind the property owner by any terms and conditions that may arise from the issuance of the permit. Any person other than the owner(s) of record must provide written evidence of their authority to file the application.

(1) The zoning official shall render a decision within 30 days of the filing of the application of a zoning permit. This time limit may be extended for an additional 30 days with agreement by both the applicant and the zoning official.

(2) The zoning official may impose stipulations and conditions on a zoning permit as may be necessary to ensure compliance with requirements of this section and other provisions of this title. A zoning permit shall not be issued for a proposed project on a property which has uses and/or structures which exist in violation of provisions of this title.

(3) A decision of the zoning official on an application filed pursuant to this section is subject to appeal pursuant to KGBC 18.90.070.

(f) Inspection Required. Except as provided in this section, the applicant shall provide for an inspection of the footings and/or foundation prior to pouring concrete by a professional land surveyor.

(1) An as-built survey of the location of the proposed improvements shall be prepared and immediately submitted to the zoning official. The survey shall demonstrate compliance with plans submitted and approved pursuant to this section.

To be acceptable for the purposes of this subsection, the as-built survey must be of sufficient clarity, legibility, scale and all other aspects for the zoning official to readily and confidently determine compliance with the yard requirements to which the property is subject.

(2) In cases of a proposed improvement, alteration or addition to an existing structure which is the subject of an as-built survey prepared by a professional land surveyor, the applicant may request the zoning official conduct the required inspection. The request shall be accompanied by a fee established by resolution of the borough assembly. The zoning official shall determine compliance with plans submitted and approved pursuant to this section.

a. To be acceptable for the purposes of this subsection, the as-built survey must be of sufficient clarity, legibility, and scale as an as-built meeting the following standards:

1. The as-built is drawn on a sheet of paper no less than eight and one-half inches by 11 inches.

2. The as-built is at a scale no less than one inch equals 40 feet.

3. The as-built survey may be at a scale less than one inch equals 40 feet if the lot is too large to fit on a sheet of paper 11 inches by 17 inches in size. In this case, additional sheets or insets must be included that show all improvements regulated by this title at a minimum scale of one inch equals 40 feet.

4. The as-built shows the distance between the closest property line and all improvements subject to regulation under this chapter.

5. All property lines and improvements are true to the scale shown on the as-built in both the vertical and horizontal axes.

(3) In the case of proposed development on property not accessible from the road system, the applicant may, at the discretion of the zoning official, provide a letter with the notarized signature of the owner or person with the authority to bind the owner of the property stating that they are aware of the setback requirements established in this title and that a failure to meet these requirements constitutes a violation of this title and may result in both civil and criminal penalties.

a. Following the receipt of the sketch or survey, the zoning official shall verify compliance with the permit issued under this section and other provisions of this title.

b. If improvements do not conform to the approved permit, the zoning official shall cause the applicant to amend the permit; provided, that the improvements otherwise conform to the requirements of this title.

c. If the improvements neither conform to the requirements of the permit nor the provisions of this title, the zoning official shall require the applicant to cease the construction of improvements and remove or modify the improvements, or apply for additional permitting as necessary to provide for compliance with this title.

(g) Duration of a Zoning Permit. Once issued, a zoning permit expires two years after the date it was issued unless the new use begins (for a change in use) or the actual construction is started and diligently continued to completion (for construction, remodeling or reconstruction). Excavation is not considered to be construction for the purpose of enforcing this section.

(h) Zoning Permit Complete. A zoning permit issued under the provisions of this chapter shall not be construed to be complete until all conditions, whether express or implied, are complete.

a. In the HD zone no person shall construct, alter, move or demolish a building or structure without having first duly applied for and received from the zoning official a certificate of approval.

b. In the HD zone no person shall erect, alter, restore, move or demolish any exterior features of any building or structure, including walls, fences, light fixtures, steps, pavement, other fixtures, above-ground utility structures, or outdoor advertising signs without having first duly applied for and received from the zoning official a certificate of approval. For the purposes of this section, “alteration of exterior features” means and includes but is not limited to architectural style, general design, type and style of windows, doors, light fixtures, signs, and natural features such as trees and shrubbery.

c. The zoning official may issue a certificate of approval to move or demolish a building or structure in the HD zone only upon one or more of the following conditions:

1. The city building inspector or the State Fire Marshal has declared in writing that the building or structure is a hazard to public safety and health and that repairs are impossible;

2. Such structure or building is a deterrent to a major improvement program which will be of substantial benefit to the community and which is consistent with the comprehensive plan;

3. Retention of the building or structure would necessarily cause undue financial hardship to the owner;

4. Retention of such building or structure would not be in the best interests of the community as a whole.

d. In cases where the zoning official has duly granted a certificate of approval authorizing the moving or demolition of any building or structure, such certificate of approval shall not be effective until six months after the date of issuance thereof; provided, however, in situations described in subsection (i)(1)(c)(1) of this section, the zoning official, after review of the recommendation of the architectural design review board, may set the effective date of the certificate of approval at less than six months after the date of issuance.

(2) The zoning official shall administer and enforce the procedure and requirements of this subsection and the requirements listed in those sections of this title that relate to the HD zone and make the determinations authorized hereunder. The zoning official may request and shall thereupon receive the assistance and recommendations of the architectural design review board regarding any planning action on property within or abutting the HD zone, including but not limited to proposed subdivision plats and vacations of streets or other public areas, and shall consider any such recommendations, together with the pertinent provisions of this title, in making the determinations authorized by KGBC Title 17 and this title, and in issuing and denying certificates of approval.

(3) Applications for a special zoning permit to construct, alter, move or demolish any building or structure in the HD zone shall be made to the zoning official in the department of planning and community development. Such application shall include official plans, elevations, sections, and site plans showing the proposed construction, alteration, move or demolition. The plans and drawings shall be in sufficient detail for the architectural design review board and zoning official to determine compliance with size, setback, and materials requirements. Presubmittal conferences and conceptual reviews with the architectural design review board and code administrator are encouraged in order to provide assistance to the applicant and to clarify plans and drawing requirements. Application fees for a special zoning permit shall be as provided for in KGBC 2.105.030.

(4) After the filing of the application, the zoning official shall review the application, the plans, elevation, sections and site plans, and shall thereupon have the zoning clerk send to the owners of record of real property within the district notice of the filing of the application. The notice shall state that the application, plans, elevation, sections and site plans will be available in the offices of the zoning official for examination by said owners and that said owners may within 15 days of the mailing of said notice submit to the zoning official, in writing, their concurrences, objections, suggestions and comments thereon. On the eleventh day after said mailing, the clerk shall transmit said application, accompanying documents, concurrences, objections, suggestions and comments to the architectural design review board, together with the zoning official’s comments thereon.

(5) Within 30 days after receiving the application and accompanying documents and the comments of the zoning official, the architectural design review board shall meet and discuss the application and accompanying documents and comments of the zoning official and shall, with the assistance of the zoning clerk, prepare for transmission to the zoning official their written findings, comments and recommended disposition of the application. In making its recommendation, the architectural design review board shall be governed by the policy set forth in KGBC 18.40.010(b)(13) as well as other pertinent provisions of this chapter. If the architectural design review board fails to transmit its recommendations to the zoning official within 40 days after receiving the application from the zoning official, the board shall be deemed to have given its approval to the application and the zoning official shall within an additional five days, according to the policy set forth in KGBC 18.40.010(b)(13), and other pertinent provisions hereof, either approve the application in writing and issue a certificate of approval or deny the application. Thereafter, the applicant, if the application is denied, may appeal to the planning commission, as hereinafter provided. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]

18.90.030 Variances.

(a) Purpose. The development standards in this title are designed to protect the public health, safety and welfare by establishing setbacks, maximum building heights and other development standards that apply to various uses. Variances may be granted for land or development with unique characteristics; and provided, that the intent and purpose of the development standards are maintained.

(1) Setbacks. The purpose of setbacks is to provide spacing between buildings to:

a. Provide the occupants with light.

b. Provide air flow between buildings to prevent the transmission of odors.

c. Provide visual and auditory privacy.

d. Provide access to the outside of building faces for maintenance.

e. Prevent the spread of fire between buildings.

f. Give first responders access to the exterior of buildings and undeveloped areas of the property.

g. Provide space for the installation of utilities.

h. Provide for exterior access to undeveloped parts of the property.

i. Provide areas for landscaping.

j. Reduce the potential for drainage impacts between properties.

(2) Height Limits. Height limits restrict the maximum height of buildings and structures to:

a. Prevent the blockage of views.

b. Ensure first responder access to the topmost floor of the building from outside.

c. Prevent hazards to aviation.

d. Ensure compatibility with overhead utilities such as power and communication.

e. Help prevent the erection of structurally unsound buildings and structures.

(3) Maximum Lot Coverage. The maximum degree to which a lot can be developed with buildings is limited to:

a. Prevent the construction of buildings of a mass that far exceeds the scale of nearby buildings.

b. Allow sufficient room for the provision of utilities and the placement of on-site wastewater disposal system.

(4) Parking. Off-street parking and loading is required to be made available at minimum levels when a property is put to use to:

a. Provide for convenience of access to the occupants and users of the property.

b. Reduce the need to construct public parking.

c. Prevent the blockage of roadways.

d. Enhance the viability of commercial enterprises by ensuring customers have easy access to the products and service the business provides.

e. Enhance the viability of surrounding businesses by reducing demand on public parking used by patrons who visit multiple businesses in a single trip.

(1) Applicability. A request to vary setback requirements by five feet or 50 percent of the required setback, whichever is less, or to vary all quantifiable standards by less than 10 percent may be considered a minor variance, except as provided in subsection (b)(1)(a) of this section regarding off-street parking standards.

a. Notwithstanding the general exclusion of parking variances from minor variance processing, a request to reduce off-street parking requirements by one space may be considered a minor variance where such reduction is associated with the creation of one new dwelling unit on a lot containing an existing residential use.

(2) Application. To be considered complete, an application for a minor variance must meet the standards below:

a. A completed variance application on a form provided by the planning department; and

b. A complete zoning permit application as contained in KGBC 18.90.020; and

c. In the case of undeveloped properties: an accurate site plan, drawn to scale, depicting the perimeter of the property including dimensions thereof, significant natural features, and all proposed improvements to include parking and driveways; and

d. In the case of properties containing buildings or structures requiring a zoning permit: (1) an unmodified as-built survey meeting the standards contained in KGBC 18.90.020(f); and (2) an accurate site plan, drawn to scale, depicting the perimeter of the property including dimensions thereof, significant natural features, and all existing and proposed improvements to include parking and driveways.

(3) Upon written request of the applicant, a minor variance may be processed under the procedures for a major variance contained in subsection (c) of this section.

(4) Fees. Application fees for minor variances shall be as provided for in KGBC 2.105.030.

(5) Upon receipt of an application for a minor variance, the zoning official shall examine said application and, within 10 days of receipt, notify the applicant of the deficiencies found in the application, or schedule the application for public notice.

(6) Approval Authority. Minor variances are granted, or referred to the planning commission for a public hearing, by the zoning official.

(7) The zoning official shall render a decision within 30 days of the filing of a complete application for a minor variance. As express conditions precedent to the granting of any minor variance the zoning official must determine in writing that:

a. The variance will not reduce the quantifiable standard for which a setback variance is sought by more than 50 percent or five feet, whichever is less; and

b. The variance sought will not reduce off-street parking requirements except that a one-space reduction may be approved where such reduction is associated with the creation of one new dwelling unit on a lot containing an existing residential use; and

c. The variance will not permit a land use in a district in which that use is prohibited; and

d. Public notice did not result in an appeal of the decision to the planning commission in accordance with KGBC 18.90.070.

(8) Within 10 days of the decision, written notice of the request shall be made in accordance with the standards set forth in KGBC 18.90.060(b). The notice shall contain a general description of the request, the location of the affected property and the method by which a decision by the planning commission can be requested.

(9) Upon written request by the applicant or any other person notified in subsection (b)(7) of this section within 15 days of distribution of the notice of request, the variance request shall be referred to the planning commission for processing as a major variance request in accordance with subsection (c) of this section. Decisions of the zoning official on minor variances may be appealed to the planning commission in accordance with KGBC 18.90.070.

(10) Unless an appeal is filed with the zoning official to refer the matter to the planning commission for formal consideration under subsection (c) of this section within 15 days of the date of distribution, the decision becomes final.

(11) Appeals to the Planning Commission. Decisions by the zoning official on the grant or appeal of a minor variance may be appealed to the planning commission according to the procedures set out in KGBC 18.90.070.

(1) Applicability. A request to vary quantifiable standards by more than 10 percent and all variances to parking standards shall be processed and reviewed as a major variance.

(2) Approval Authority. The planning commission may authorize major variances from the requirements of this title, when the criteria contained in subsection (c)(7)(e) of this section are met.

(3) Application. To be considered complete, an application for a major variance must meet the standards below:

a. A completed variance application on a form provided by the planning department; and

b. A complete zoning permit application as contained in KGBC 18.90.020; and

e. The reason for the variance and an explanation of how the variance criteria contained in subsection (c)(7)(e) of this section are satisfied.

(4) Fees. Application fees for variances shall be as provided for in KGBC 2.105.030.

(5) Upon receipt of an application for a major variance, the zoning official shall examine said application and, within 15 days of receipt, notify the applicant of either the deficiencies found in the application, or the date of the meeting at which the request will be heard by the planning commission.

(6) Approval Authority. The planning commission may authorize major variances from the requirements of this title, when the criteria contained in subsection (c)(7)(e) of this section are met.

a. Hearing Scheduled. When the zoning official has determined that the said application meets the requirements of this chapter, they shall forward the completed application to the planning commission for its determination within 60 days of determining the application to be complete, unless such time limit is extended by written consent by the applicant.

b. Public notice shall be as provided in KGBC 18.90.060.

c. From the time of filing such application until the time of such hearing, the application, together with all plans and data submitted, shall be available for public inspection in the office of the zoning official.

d. After the zoning official has duly forwarded the completed application to the planning commission, the planning commission shall study it and shall, within 30 days after the receipt of said application, hold a public hearing whereat it:

1. Shall hear and consider evidence and facts from any person at the public hearing or written communication from any person relative to the matter; and

2. May receive evidence pertinent to the granting or denial of said application according to the standards set forth in subsection (c)(7)(e) of this section.

e. Applicable Criteria. A variance from a quantifiable standard may be granted in accordance with the review procedures provided in this subsection provided the applicant provides evidence that the following standards are met:

1. Special conditions that require the variance are not caused by the person seeking the variance;

2. The variance will not permit a land use in a district in which that use is prohibited;

3. The variance will not solely relieve an inconvenience.

A request for a variance shall be found to be based solely on an inconvenience if an alternative having the same effect is possible without a variance, and would not be complicated by any of the following:

i. Topographical or geological challenges to development; or

ii. Existing development patterns, including building layout, size, and location; or

iii. Irregularities in lot shape that cannot be abated without the acquisition of land from another party.

4. The variance will not solely relieve a pecuniary hardship.

This standard is not met if:

i. An alternative, having the same effect, is possible without a variance, and the alternative would increase the cost of the project by no more than 10 percent; and

ii. No exterior walls of a principal building must be demolished; and

iii. No exterior walls of an accessory building must be demolished, and the value of the building is less than 10 percent of the value of all buildings on the property, or $10,000, whichever is less.

f. If at the said hearing, the planning commission determines that it needs additional information, it may recess said hearing for a period of not more than 30 days, during which time it shall procure or receive such additional information; provided, however, that before it so recesses, it must then and there announce the time and place at which the hearing will be resumed.

g. Within 30 days after the completion of the said hearing, the planning commission shall, in a formal written resolution of the commission, either grant or deny the application, and the planning commission shall make its findings of fact a part thereof.

h. Unless otherwise specified by the planning commission as a condition of approval, any variance approved by the planning commission shall be conditional upon the privilege granted being utilized within six months after the effective date of the variance.

(8) Conditions. Major variances may be granted with conditions to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purpose of this title. The effective date or duration of a variance may be limited by the planning commission through a condition of approval.

(9) Revocation and Cancellation of Variance. Any major variance granted under this section that is subject to conditions as allowed in subsection (c)(8) of this section may be revoked and canceled by the planning commission for failure to comply with said conditions. Before taking any action toward revoking such variance, however, the planning commission shall first give the owner of the property upon which the variance is granted 20 days’ written notice, by prepaid certified U.S. mail, in advance of the date of hearing, of the subject of the hearing, and of the date, time, and place of the hearing. This notice is complete upon mailing. The planning commission shall thereafter hold the said hearing at the time and place set forth in said notice. The permittee may, at said hearing, present evidence on his own behalf and may cross-examine witnesses. After the planning commission has concluded the said hearing, the planning commission shall make written findings of fact from the evidence presented to it at said hearing supporting the conclusion that the permittee has failed to comply with the conditions of the variance (in cases where the said variance is revoked) or that the permittee has not failed to comply with the conditions of the variance (in cases where the said variance is not revoked). These findings shall be embodied in a formal written resolution of the planning commission. In all revocation proceedings the burden of proof is upon the planning commission.

(10) Appeals to the Board of Adjustment. All appeals to the board of adjustment shall follow, to the extent applicable, the procedure as set forth in KGBC 18.90.070. [Ord. No. 2116A, §1, 6-15-26; Ord. No. 2022, §15 (Exh. A), 7-17-23.]

18.90.040 Conditional use permits.

(a) Purpose. A conditional use permit, issued hereunder, is a device which gives flexibility to the zoning ordinance in a uniform and controlled manner. It permits inclusion, in zones where it is permitted by the zoning ordinance, of uses which are generally desirable to the community, but where the nature of the use will not permit its location at every location in the said zones because of the special problems which the use presents.

(1) Purpose. An abbreviated conditional use permit is a device which permits uses that are generally desirable to the community, but the approval thereof could benefit from public comment.

(2) Applicability. Abbreviated conditional use permits are granted for uses that are specifically identified to be processed under the provisions of this section.

(3) Approval Authority. Abbreviated conditional use permits are granted, or referred to the planning commission for a public hearing, by the zoning official.

(4) Application. To be considered complete, an application for an abbreviated conditional use permit must meet the standards below.

a. Contain a completed application for conditional use permit form provided by the planning department; and

b. Contain a completed application for a zoning permit as contained in KGBC 18.90.020; and

c. Contain any other information, documents, or drawings the zoning official deems necessary to evaluate the request for conformance with the standards contained in subsection (c)(6) of this section.

(5) Upon request of the applicant, an abbreviated conditional use permit application may be processed under the procedure for conditional use permits.

(6) Fees. Application fees for abbreviated conditional use permits shall be as provided for in KGBC 2.105.030.

(7) Upon receipt of an application for an abbreviated conditional use permit, the zoning official shall examine said application and, within 10 days of receipt, notify the applicant of the deficiencies found in the application, or schedule the application for public notice.

(8) The zoning official shall render a decision within 30 days of the filing of a complete application for an abbreviated conditional use permit. As express conditions precedent to the granting of any conditional use permit the zoning official must determine in writing that:

a. The requested conditional use is expressly permitted as an abbreviated conditional use permit; and

b. The public notice did not result in a request to remand the request to the planning commission in a timely manner.

(9) Within 10 days of the decision written notice of the request shall be made in accordance with the standards set forth in KGBC 18.90.060(b). The notice shall contain a general description of the request, the location of the property affected, and the method by which a decision by the full planning commission can be requested.

(10) Upon written request by the applicant or any other person notified in subsection (b)(8) of this section within 15 days of distribution of the notice of request, the request shall be referred to the planning commission for processing in the same manner as a conditional use permit request in accordance with subsection (c) of this section.

(11) Unless a request to refer the matter to the planning commission for formal consideration is filed with the zoning official within 15 days of the date of notice distribution, the decision becomes final.

(12) An abbreviated conditional use permit granted by the zoning official shall be conditional upon the privilege granted being utilized within six months after the effective date of the abbreviated conditional use permit.

(13) Revocation and Cancellation of Permit. Any abbreviated conditional use permit granted under this chapter may be revoked and canceled by the planning commission for failure to comply with the conditions of the abbreviated conditional use permit. Before taking any action toward revoking such permit, however, the planning commission shall first give the owner of the property upon which the use is authorized 20 days’ written notice, by prepaid certified U.S. mail, in advance of the date of hearing, of the subject of the hearing, and of the date, time, and place of the hearing. This notice is complete upon mailing. The planning commission shall thereafter hold the said hearing at the time and place set forth in said notice. The permittee may, at said hearing, present evidence on his own behalf and may cross-examine witnesses. After the planning commission has concluded the said hearing, the planning commission shall make written findings of fact from the evidence presented to it at said hearing supporting the conclusion that the permittee has failed to comply with the conditions of the conditional use permit (in cases where the said permit is revoked) or that the permittee has not failed to comply with the conditions of the conditional use permit (in cases where the said permit is not revoked). These findings shall be embodied in a formal written resolution of the planning commission and shall be retained permanently by the planning commission as part of its official records. In all revocation proceedings the burden of proof is upon the planning commission.

a. After said abbreviated conditional use permit has been revoked, the permittee shall thereafter immediately discontinue the use of the said property for which the said permit had originally been granted. If, after an abbreviated conditional use permit has been revoked, the permittee does not immediately discontinue the use of said property for which the said permit had originally been granted, he is guilty of a violation and, upon conviction thereof, is subject to a fine as established in KGBC Title 2. Each 30-day period that such violation continues shall be deemed a new and separate violation. In addition, the planning commission may apply to the superior court for an injunction to restrain the former permittee from using said land for the purposes previously authorized in said permit.

b. In the event, however, that the permittee duly appeals the revocation of said permit to the board of adjustment, such appeal stays enforcement proceedings unless the board or a court issues an enforcement order based on a certificate of imminent peril to life or property made by the planning commission.

(14) Appeals to the Planning Commission. Decisions by the zoning official on the grant or appeal of an abbreviated conditional use permit may be appealed to the planning commission according to the procedures set out in KGBC 18.90.070.

(1) Applicability. Except as specified in subsections (a) and (b) of this section, all requests for a conditional use permit are processed under the provisions of this subsection.

a. Requests that are specifically specified for processing as abbreviated conditional use permits; or

b. Requests to modify an existing conditional use permit.

(2) Application. To be considered complete an application for a conditional use permit must meet the standards below.

a. Contain a completed application for conditional use permit form provided by the planning department; and

b. A complete zoning permit application as contained in KGBC 18.90.020; and

c. Contain any other information, documents, or drawings the zoning official deems necessary to evaluate the request for conformance with the standards contained in subsection (c)(6)(e) of this section; and

d. Contain any application requirements contained in KGBC 18.50.030.

(3) Fees. Application fees for conditional use permits shall be as provided for in KGBC 2.105.030.

(4) Upon receipt of an application for a conditional use permit, the zoning official shall examine said application and, within 15 days of receipt, notify the applicant of either the deficiencies found in the application, or the date of the meeting at which the request will be heard by the planning commission.

(5) Approval Authorization. Conditional use permits are granted or denied by the planning commission at a public hearing.

b. Public notice shall be as provided in KGBC 18.90.060.

1. Shall hear and consider evidence and facts from any person at the public hearing or written communication from any person relative to the matter; and

2. May receive evidence pertinent to the granting or denial of said application according to the standards set forth in subsection (c)(6)(e) of this section.

e. Applicable Criteria. As express conditions precedent to the granting of any conditional use permit, a majority of the planning commission members (not merely a majority of the members present), after a public hearing, must find in writing that:

1. The requested conditional use is reasonably necessary for the public health, safety, and general welfare; and

2. The requested conditional use will not permanently or substantially injure the lawful use of neighboring properties; and

3. The requested conditional use will generally be in harmony with the comprehensive plan; and

4. The requested conditional use is expressly permitted by the zoning ordinance in the zone in which the conditional use permit is requested; and

5. The requested conditional use meets any specific criteria contained in KGBC 18.50.030.

f. If, at the said hearing, the planning commission determines that it needs additional information, it may recess said hearing for a period of not more than 30 days, during which time it shall procure or receive such additional information; provided, however, that before it so recesses, it must then and there announce the time and place at which the hearing will be resumed.

g. Within 30 days after the completion of the said hearing, the planning commission shall, from the evidence presented to it, make written findings of fact in a formal resolution of the planning commission, which findings of fact support the standards set forth in subsection (c)(6)(e) of this section (in the case where a conditional use permit is granted) or which findings of fact show that the said evidence does not support the said standards (in the case where a conditional use permit is not granted).

h. Unless otherwise specified by the planning commission as a condition of approval, any conditional use permit approved by the planning commission shall be conditional upon the privilege granted being utilized within 12 months after the effective date of the conditional use permit.

(7) Restrictions and Conditions. In granting a conditional use permit, the planning commission may, in order to ensure compliance with the foregoing standards:

a. Require and attach to the conditional use permit conditions which are more restrictive and in excess of the development standards for the zone in which the conditional use is proposed;

b. Require and attach to the conditional use permit time limits for some or all conditions of the conditional use permit;

c. Require and attach to the conditional use permit conditions which include development requirements in excess of those elsewhere required, landscaping, adequate and lawful water and sewage facilities, adequate and lawful parking, adequate and lawful curb cuts and traffic movement, and any other conditions which will uphold the spirit and intent of the zoning ordinance, the comprehensive plan, and the harmony and beneficial use of neighboring properties. The planning commission may also require an agreement and performance bond to ensure compliance with said restrictions and conditions.

(8) Relief From Use-Specific Conditional Use Standards. The planning commission may decrease or waive use-specific conditional use standards, permanently or on a temporary basis. The planning commission must find that the waiver or reduction in standards would not adversely impact surrounding properties.

(9) Revocation and Cancellation of Permit. Any conditional use permit granted under this chapter may be revoked and canceled by the planning commission for failure to comply with the conditions of the conditional use permit. Before taking any action toward revoking such permit, however, the planning commission shall first give the owner of the property upon which the conditional use is authorized 20 days’ written notice, by prepaid certified U.S. mail, in advance of the date of hearing, of the subject of the hearing, and of the date, time, and place of the hearing. This notice is complete upon mailing. The planning commission shall thereafter hold the said hearing at the time and place set forth in said notice. The permittee may, at said hearing, present evidence on his own behalf and may cross-examine witnesses. After the planning commission has concluded the said hearing, the planning commission shall make written findings of fact from the evidence presented to it at said hearing supporting the conclusion that the permittee has failed to comply with the conditions of the conditional use permit (in cases where the said permit is revoked) or that the permittee has not failed to comply with the conditions of the conditional use permit (in cases where the said permit is not revoked). These findings shall be embodied in a formal written resolution of the planning commission and shall be retained permanently by the planning commission as part of its official records. In all revocation proceedings the burden of proof is upon the planning commission.

a. After said conditional use permit has been revoked, the permittee shall thereafter immediately discontinue the use of the said property for which the said permit had originally been granted. If, after a conditional use permit has been revoked, the permittee does not immediately discontinue the use of said property for which the said permit had originally been granted, he is guilty of a violation and, upon conviction thereof, is subject to a fine of not more than $500.00. Each 30-day period that such violation continues shall be deemed a new and separate violation. In addition, the planning commission may apply to the superior court for an injunction to restrain the former permittee from using said land for the purposes previously authorized in said permit.

(10) Appeals to the Board of Adjustment. Decisions by the planning commission on the grant or denial of a conditional use permit are subject to appeal to the board of adjustment under the procedures of KGBC 18.90.070.

(1) Intent. Over time, the circumstances under which a conditional use permit was originally granted can change in such a way as to lessen or obviate the value of the permit. The purpose of this chapter is to provide a mechanism by which a quantifiable standard upon which a conditional use permit, granted by the planning commission, may, at the request of the holder of said permit, be modified. It is not the purpose of this chapter to allow a request to modify a conditional use permit granted by the planning commission that has been submitted by any other person or agency to be considered. To allow such modifications would engender distrust in the conditional use permit process and nullify the benefits they impart. Existing conditional use permits granted by the planning commission may only be requested for modification by a third party under the provisions of KGBC 18.90.020(d).

a. To be considered complete an application to modify a conditional use permit must meet the standards below.

1. Contain a completed application for conditional use permit modification form provided by the planning department; and

2. Contain the original conditional use permit application; and

3. Contain a site plan that clearly shows any modifications that are desired; and

4. A complete zoning permit application as contained in KGBC 18.90.020; and

5. Contain any other information, documents, or drawings the zoning official deems necessary to evaluate the request.

(3) Fees. Application fees for conditional use permit modifications shall be as provided for in KGBC 2.105.030.

(4) Upon receipt of an application for a conditional use permit modification, the zoning official shall examine said application and, within 10 days of receipt, notify the applicant of the deficiencies found in the application, or schedule the application for public notice.

(5) Approval Authority. Modifications to conditional use permits are granted or referred to the planning commission by the zoning official.

(6) The zoning official shall render a decision within 30 days of the filing of a complete application for an abbreviated conditional use permit. As express conditions precedent to the granting of any conditional use permit the zoning official must determine in writing that:

a. The requested modification changes a quantifiable standard under which the original conditional use permit was granted by 10 percent or less; and

b. The requested modification will not create a violation of any development standard contained in the underlying zoning; and

c. The public notice did not result in a request to remand the request to the planning commission in a timely manner.

(7) Within 10 days of the decision, written notice of the request shall be made in accordance with the standards set forth in KGBC 18.90.060(b). The notice shall contain a general description of the request, the location of the property affected, and the method by which a decision by the full planning commission can be requested.

(8) Unless a request to refer the matter to the planning commission for formal consideration is filed with the zoning official within 15 days of the date of notice distribution, the decision becomes final.

(9) Appeals to the Planning Commission. Decisions by the zoning official on the grant or denial of a modification to a conditional use permit are subject to appeal to the planning commission under the procedures of KGBC 18.90.070.

(e) Duration. Except as otherwise provided for in this title, or as a condition placed by the planning commission, conditional use permits expire if the use for which they are granted ceases for a period of 12 consecutive months, or 18 months in any 36-month period. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]

18.90.050 Rezones, code amendments, overlays, and planned unit developments.

Whenever the public necessity, convenience or general welfare requires, the borough may, under the following procedure and by ordinance, amend, supplement or change this chapter or the official zoning map, or create a new overlay district or planned unit development.

(a) Authority. Rezones, code amendments, overlay zones, and planned unit developments are established by ordinance of the assembly with recommendation from the planning commission.

(1) A rezone or overlay may be initiated by:

a. The borough assembly on its own motion;

b. The planning commission on its own motion;

c. Any department or agency of a city or the borough;

d. Any individual, corporation or agency, other than those listed above, subject to the following conditions:

1. For a rezone: A petition signed by the owners of not less than 50 percent of the area of property proposed for rezoning as shown on the last equalized assessment roll or such other verification of ownership acceptable to the designated planning official.

2. For an overlay: A petition signed by the owners of not less than 67 percent of the area of property proposed for an overlay as shown on the last equalized assessment roll or such other verification of ownership acceptable to the designated planning official.

i. In addition to the necessary signatures, the petition shall contain:

A. A legibly written legal description of the property involved and the legal document reference for that description. If the legal description is a metes and bounds description written from a survey or subdivision map, then that map showing the proposed rezone shall accompany the legal description of the property involved; and

B. Reasons for the proposed change and any statements or other documents to address the review criteria contained in subsection (b)(4) of this section; and

C. Application fees for zoning amendments shall be as provided for in KGBC 2.105.030.

(2) Any request or petition to amend the official zoning map shall be submitted in writing to the planning commission through the zoning official.

(3) Planning Commission – Public Hearing, Notification and Publication. Before making any recommendation on a proposed amendment to the official zoning map and within 45 days of the initiation thereof, the planning commission shall hold a public hearing thereon. Public notice shall generally describe the proposed rezone and be published according to the procedures found in KGBC 18.90.060.

(4) The planning commission shall study any request or petition for amendment of the official zoning map to determine:

a. The need and justification for any proposed change of the zoning map to:

1. Address an error or uncertainty in the official zoning map; or

2. Adapt to changing conditions over which the owner(s) of the area have limited control; or

3. To implement a change in the comprehensive plan.

b. There is adequate public infrastructure to support the potential development the amendment to the official zoning map will allow, to include:

1. Transportation to support the levels and types of traffic; and

2. Electrical and communications; and

3. Water and sewer; and

4. Demand for public services including fire, police, EMS, and schools.

c. The impact of the rezone or overlay on the character of the surrounding area or neighborhood as indicated by:

1. Traffic routes and volumes; and

2. Density of development; and

3. Building type, size, and height.

d. The amendment to the official zoning map will not cause a need or increased pressure for additional map amendments that will allow development for which there is inadequate infrastructure or will adversely impact surrounding properties.

e. The amendment to the official zoning map will implement or further the purposes of the comprehensive plan.

(5) The planning commission may recommend, and the assembly may make modifications to, any proposed or recommended amendment; provided, that the commission and assembly find that such change would be in the public interest; and provided further, that such modification shall not modify any property not included in the advertised proposal and shall not be less restrictive than the zoning applied for.

(6) Within seven days after the planning commission has acted on a proposed amendment of the zoning map in accordance with the foregoing provisions, a report and recommendation shall be submitted to the borough clerk. Such recommendation of the planning commission shall be advisory only, and shall not be binding on the assembly.

(7) Before the planning commission recommendation for amendment to the zoning map is presented to the assembly, the borough clerk shall cause an ordinance to be prepared setting forth the details of the proposed amendment. Such ordinance shall be subject to two public hearings; the first public hearing shall be scheduled at the meeting at which it is proposed to be introduced, and if it is introduced, the second public hearing shall be held prior to adoption. Such ordinance shall be available for introduction at a regular meeting of the assembly within 45 days of receipt of the transmittal by the borough clerk. Notification and publication of the proposed introduction of the ordinance shall be as set forth in subsection (c)(4) of this section.

(8) An ordinance resulting in a change in the official zoning map shall identify by legal description the property rezoned. All changes to the official zoning map shall be made by the borough manager or designee as required in the ordinance making change in zoning. Such official shall cause the digital zoning map to be updated to reflect the authorized rezone. If the new map is found to be correct, the borough manager or designee, in the presence of the borough clerk or deputy clerk, shall make the following certification on the original ordinance authorizing the rezone:

Certificate
I, ___________________, _____________________________ for the Ketchikan Gateway Borough, hereby certify that on this ______ day of __________, 20__, pursuant to the provisions of KGBC 18.90.050, I have caused the Official Zoning Map to be changed in the manner and to the extent directed and authorized by Ordinance No. _______, which ordinance rezoned certain property more particularly described in such ordinance from ____________________ to ____________________.
__________________________
(Title)
Subscribed and sworn to before me and witnessed by me, on this__day of____, 20__.
ATTEST:
__________________________
Borough Clerk or Deputy Clerk

The borough clerk, or deputy clerk, shall be present at the time this certificate is signed and shall attest the same.

(9) Any area located in a planned unit development shall be designated according to the provision of subsection (e)(12) of this section.

(1) An amendment to the zoning ordinance text may be initiated by:

a. The borough assembly on its own motion;

b. The planning commission on its own motion;

c. Any department or agency of a city or the borough;

d. Any owner of real property within Ketchikan Gateway Borough.

(2) Any request to change the zoning ordinance text shall be submitted in writing to the planning commission through the designated planning official.

(3) Fees. Application fees for applications to modify the text of the zoning ordinance shall be as provided for in KGBC 2.105.030.

(4) Planning Commission – Public Hearing, Notification and Publication. Before making any recommendation on a proposed amendment to the zoning ordinance text and within 45 days of the initiation thereof, the planning commission shall hold a public hearing thereon. Public notice shall be given stating the date, time, place and the purpose of the hearing. The notice shall generally describe the proposed amendment to the zoning ordinance and be published according to the procedures found in KGBC 18.90.060.

(5) The planning commission shall study any request or petition for amendment to determine:

a. The need and justification for any proposed change of the zoning ordinance to:

1. Address an identified error;

2. Adapt the code to changing conditions;

3. Implement a change to the comprehensive plan.

b. The impact the ordinance will have on existing development rights.

c. The impact the ordinance will have on land use patterns.

d. The impact the ordinance will have on adjacent lands.

e. The impact the ordinance will have on the equitable distribution of land use rights or the application of the provisions of this title thereon.

f. How the ordinance will implement or further the purposes of the comprehensive plan.

(6) The planning commission may recommend, and the assembly may make modifications to, any proposed or recommended amendment.

(7) Within seven days after the planning commission has acted on a proposed amendment of the zoning ordinance in accordance with the foregoing provisions, a report and recommendation shall be submitted to the borough clerk. Such recommendation of the planning commission shall be advisory only, and shall not be binding on the assembly.

(8) Before the planning commission recommendation for amendment to the zoning ordinance is presented to the assembly, the borough clerk shall cause an ordinance to be prepared setting forth the details of the proposed amendment. Such ordinance shall be subject to two public hearings, the first public hearing shall be scheduled at the meeting at which it is proposed to be introduced, and if it is introduced, the second public hearing shall be held prior to adoption. Such ordinance shall be available for introduction at a regular meeting of the assembly within 45 days of receipt of the transmittal by the borough clerk.

(1) Overlay zones are established through the change of zoning process, as described in subsection (b) of this section.

(2) In addition to the requirements of subsection (b) of this section, an application to create an overlay zone must contain a narrative description detailing:

a. The uses to be allowed as principal, accessory, conditional, or permitted with standards; and

b. Any specific development standards for conditional and permitted with standards; and

c. Such other requirements as may be applicable to the establishment of the particular district.

(3) Fees. Application fees for applications to create an overlay zone shall be as provided for in KGBC 2.105.030.

(4) Any overlay zones codified in this title shall be identified on the official zoning map by the letters “OL” followed by the ordinance number establishing the district (e.g., OL 7573).

a. Subdivisions will be completed according to the relevant sections of KGBC Title 17 subject to any specific design criteria established by the overlay.

b. Use permits, including zoning permits and conditional use permits, will be issued according to the relevant sections of this title subject to any specific land use and development requirements established by the overlay.

c. Variances. Relief from the specific development requirements on individual lots within the overlay shall be subject to the requirements of KGBC 18.90.030.

d. Where uncertainty exists as to the boundaries of the overlay district, the interpretation will follow the provisions of KGBC 18.30.010.

e. Application of zone regulations will follow the provisions of KGBC 18.30.020.

f. Fees, representation on applications, and other administrative elements of an overlay request are the responsibility of the initiators of the proposed overlay district.

(e) Planned Unit Development Requirements. All requests for a rezone to a planned unit development (PUD) zone must meet the requirements listed below:

(1) Establishment of PUD Zone. PUD zones are established through the change of zoning process, as described in subsection (b) of this section.

(2) Minimum Site Area. The minimum site area for a PUD containing nonresidential uses shall be two acres unless a smaller area is authorized by the grant of a variance according to the procedure set out in KGBC 17.10.040. The minimum site area for a PUD exclusively for residential purposes shall be 10,000 square feet.

(3) Phased Development. Phased developments are permitted in conjunction with a preliminary subdivision plan approval in accordance with KGBC Title 17.

(4) Master Development Plan Requirement. A master development plan shall take the form of a map and narrative description.

a. The map shall be drawn to scale and show the external boundaries of the PUD and the boundaries of any development areas contained within the PUD. Development areas shall be labeled so as to be differentiated in the narrative description.

b. The narrative description shall establish, for the PUD as a whole and for any development areas it contains:

1. The uses to be allowed as principal, accessory, conditional, or permitted with standards; and

2. The development standards that apply to lands contained with the PUD and development areas; and

3. Any specific development standards for conditional and permitted with standards; and

4. Such other requirements as may be applicable to the establishment of the particular district; and

5. Perimeter Requirement. Property adjacent to the perimeter proposed for nonresidential use and adjacent to property outside of the PUD area and within a residential zone shall maintain all specific setback or buffer requirements typically required for such uses when adjacent to property within a residential zone.

(5) Additional Review Criteria. The following review criteria are in addition to the rezone review criteria established in subsection (b)(4) of this section:

a. The design effectively provides for clustered buildings, mixed uses, or mixed housing types; and

b. The development incorporates boundary buffers sufficient to separate adjacent property from dissimilar uses; and

c. The configuration of the development provides for economy and efficiency in utilities, housing construction, streets, parking and circulation; and

d. The PUD must be integrated with surrounding land uses and minimize any negative impacts on them.

a. Subdivisions will be completed according to the relevant sections of KGBC Title 17 subject to any specific design criteria established by the PUD.

a. Approval by Assembly. The PUD zone master development plan is approved by the assembly as a zoning amendment approval under subsection (b) of this section. Changes to the master development plan require approval of a zoning amendment in accordance with subsection (b) of this section if such change will result in any of the following:

1. An increase in the number of dwelling units allowed;

2. An increase in the gross building area for commercial or industrial structures;

3. An addition of principal or conditional uses;

4. Changes to the external boundaries of the current PUD.

(8) Approval by Planning Commission. The following minor changes to the master development plan do not require approval of a zoning amendment by the assembly under subsection (b) of this section, but will require approval by the planning commission applying the procedure for major variances in KGBC 18.90.030(c):

a. Changes to the original boundaries of development areas that do not impact the external PUD boundary;

b. A transfer of development rights between development areas (number of residential dwelling units and gross square footage of nonresidential structures);

c. Deletion of land uses; or

d. Changes to the development standards, excluding perimeter buffer or setback requirements.

(9) Approval by Zoning Official. The following minor changes to the master development plan may be approved by the zoning official following the procedures for approval of a minor variance under KGBC 18.90.030(b):

a. Changes to the original boundaries of development areas that do not impact the external PUD boundary and result in a change in area of a land use of less than 10 percent of the overall area of that use;

b. Interpretation of uses to be allowed or prohibited; or

c. Changes to dimensional standards less than 10 percent, excluding perimeter buffer or setback requirements.

(10) Variances. Relief from the specific development requirements on individual lots within the PUD shall be subject to the requirements of KGBC 18.90.030.

(11) Appeals. Any appeals from decisions made under subsection (e)(8) or (e)(9) of this section shall be in accordance with KGBC 18.90.070.

a. Any PUD zones shall be identified on the official zoning map by the letters “PUD” followed by the ordinance number establishing the district. Any ordinance amending a PUD district also shall be referenced on the PUD official zoning map by ordinance number (e.g., PUD 262).

b. Amendments to the PUD district approved by the planning commission shall be referenced on the zoning map by commission resolution number. (e.g., PUD (PC 6734)).

c. Amendments to the PUD district approved by the zoning administrator shall be referenced on the zoning map by date (e.g., PUD (DPCD 5/3/83)). [Ord. No. 2022, §15 (Exh. A), 7-17-23.]

18.90.060 Public notification.

(1) Public notice shall be given stating the date, time, place and purpose of hearing. If posted on the internet, the post shall remain until the date and time set for the hearing. The notice shall generally describe the action sought. The notice shall be published at least 15 days prior to the date of the hearing.

(2) Such notification is complete upon publication.

(1) At least 15 days prior to the date of the hearing the clerk of the planning commission shall mail notice of the requested action to the address listed in the current assessment roll for the owners of property as follows:

a. Within the corporate limits of the city of Ketchikan, Alaska, owners of property located 600 feet from any point on the outside perimeter of the property for which the action has been requested;

b. Outside the corporate limits of the city of Ketchikan, Alaska, owners of property located 1,200 feet from any point on the outside perimeter of the property for which the action has been requested; and

c. The owner of the property for which the action has been requested.

(2) Said notification shall contain, but not be limited to, the following information:

a. The information contained in the public notice.

b. A map or other visual aid to assist the recipient in identifying the location of the property for which the action has been requested.

(3) Such notifications are complete upon mailing.

(1) The clerk of the planning commission may provide notice of the requested action to the United States of America, the state of Alaska, the city of Ketchikan, the city of Saxman, the Ketchikan Gateway Borough, or any agency or department thereof believed to have jurisdictional authority or responsibility for anything that might be impacted by the requested action.

(2) Said notifications may be sent by mail or electronically, and are complete upon being sent.

(d) From the time of filing such application until the time of such hearing, the application, together with all plans and data submitted, shall be available for public inspection in the office of the zoning official or on the internet. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]

18.90.070 Appeals.

(1) Any party with ownership or possessory interest in property located in the borough may file with the planning commission an appeal to a decision made by a borough zoning official in the enforcement, administration or application of a land use regulation adopted under this title. Grounds for granting such appeal shall be limited to the improper application of law by a borough zoning official. All such appeals shall be filed in writing with the zoning official within 10 days of the date of said decision and shall contain all of the following information:

a. Name, address and telephone number of the appellant;

b. A statement indicating the appellant’s standing in the matter;

c. A description of the action for which the appeal is sought;

d. A specific and detailed statement of the basis and grounds upon which the appeal is made;

e. A statement of the relief sought; and

f. An appeal fee as established by the assembly by resolution.

(2) Upon receipt of a complete appeal, the zoning official shall schedule the appeal for consideration by the planning commission at a date no more than 60 days after the date it was received.

a. At least 10 days’ notice of the time and place of the public hearing shall be published. If posted on the internet, the post shall remain until the date and time set for the hearing. In addition, at least 10 days’ written notice of the time and place of said public hearing shall be given to the appellant(s) and affected property owners or possessors.

(3) Public Hearing and Determination. After the zoning official has duly forwarded the appeal to the planning commission, the planning commission shall, within 30 days after the receipt of said application, hold a public hearing where it may receive evidence pertinent to the granting or denial of said application. If, at the said hearing, the planning commission determines that it needs additional information, it may recess said hearing for a period of not more than 30 days, during which time it shall receive such additional information; provided, however, that before it so recesses, it must then and there announce the time and place at which the hearing will be resumed. Within 30 days after the completion of the said hearing, the planning commission shall, in a formal written resolution of the commission, either grant or deny the application, and the planning commission shall make its findings of fact a part thereof.

(b) Appeals of Planning Commission Decisions. A municipal officer or any party with ownership or possessory interest in property located within the borough may file with the board of adjustment an appeal of decisions of the planning commission on an administrative decision, or which grant or deny an application for a conditional use permit, variance, or modification to a PUD. All such appeals shall be filed in writing with the clerk of the board of adjustment within 15 days of said decision from which an appeal is sought.

(1) The board of adjustment shall hear and decide appeals from decisions of the planning commission as specified in subsection (c)(3) of this section.

(2) The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate, and to that end shall have all the powers of the planning commission.

a. The assembly is the board of adjustment. Meetings of the borough board are held at the call of the presiding officer. The presiding officer may administer oaths and compel attendance of witnesses. Meetings and hearings of the board shall be open to the public, and the board shall keep minutes of its proceedings showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be public records.

b. A municipal officer or any party with ownership or possessory interest in property located within the borough may file with the board of adjustment a notice of appeal specifying in detail such person’s objections to the action from which an appeal is sought. All such appeals shall be filed in writing with the borough clerk, who is the clerk of the board of adjustment, on a form provided by the clerk, and shall contain all of the following information:

1. Name, address and telephone number of the appellant;

2. A statement indicating the appellant’s standing in the matter;

3. A description of the action appealed from, including property descriptions;

4. A specific and detailed statement of the basis and grounds upon which the appeal is made;

5. A statement of the relief sought; and

6. An appeal fee as established by the assembly by resolution.

c. Grounds upon which the board of adjustment may grant an appeal are:

1. A procedural error; or

2. An error in the application of the pertinent law; or

3. A lack of evidence to support findings and conclusions; or

4. The misrepresentation of a fact.

d. All appeals shall be filed with the clerk no later than 15 days after the date of the decision; provided, however, if the clerk determines that a notice of appeal filed within such 15-day period is incomplete or lacking in sufficient detail, the clerk shall notify the appellant in writing at the address indicated in the notice on appeal specifying the deficiencies. The appellant shall have an additional 10 days from the date such notice is mailed to correct such deficiencies by filing a supplement to the notice of appeal correcting such deficiencies or adding additional information. Any appeal filed after the time provided above shall not be considered by the board of adjustment.

e. Upon such notice of appeal having been duly filed, the clerk shall thereupon send a certified copy thereof to the zoning administrator, the planning commission secretary and the planning commission, together with a written request for all pertinent records and transcripts, including the written decision and/or resolution of the planning commission granting or denying the said application. The zoning administrator and planning commission secretary shall, within seven days after having received said certified copy of the appeal and request, certify and deliver said records, transcripts and documents to the clerk of the board of adjustment.

f. An appeal to the board stays enforcement proceedings unless the board or a court issues an enforcement order based on a certificate of imminent peril to life or property made by the enforcement officer.

g. The board of adjustment shall hear and decide appeals on the record established by the planning commission considering all pertinent records, transcripts, documents, testimony or other evidence certified to it by the zoning administrator and the planning commission secretary. The board of adjustment shall consider at a public meeting all appeals not later than 30 days following the date the certified record specified in subsection (c)(3)(e) of this section is delivered to the clerk of the board of adjustment; provided, however, the date for the public meeting may be continued for a period not to exceed an aggregate total of 30 additional days as follows:

1. By the clerk upon the clerk’s determination there is a lack of a quorum, or upon receipt by the clerk of a written request from the appellant not less than three days prior to the scheduled meeting; or

2. By the board for purposes of securing additional information, or upon written request for a continuance by the appellant, or for other reasons.

h. At least 10 days’ notice of the time and place of the public meeting shall be published. If posted on the internet, the post shall remain until the date and time set for the hearing. In addition, at least 10 days’ written notice of the time and place of said public meeting shall be given to the appellant(s) and affected property owners or possessors, as such is determined within this title.

i. The board of adjustment, after having received and considered the said appeal, the certified records, transcripts and documents, at a duly held appeal hearing, shall forthwith render a decision as set forth in subsection (c)(3)(j) of this section. The board of adjustment may provide an opportunity to hear a limited summary of the appeal and may question the appellant, the property owner and the planning commission’s representative about the appeal; however, evidence not previously before the planning commission will not be heard or made a part of the board of adjustment record. The decisions of the board of adjustment shall be by motion and the vote shall be taken by roll call. A majority vote in the affirmative by the members present at a hearing in which a quorum is present adopts any motion. Following adoption of the motion, the members voting on the prevailing side of the motion shall, with the presiding officer, develop formal specific findings of fact which support the decision and which shall be deemed part of the final decision and permanently entered in the record of the appeal proceedings.

j. The adoption of the motion constitutes the final decision of the board of adjustment, and the date of the adoption of the motion constitutes the date of the final decision of the board of adjustment. The clerk of the board of adjustment shall, not later than 10 days of the date of the final decision, certify said motion to the zoning administrator, planning commission secretary and planning commission. In addition, a certified copy of the motion shall immediately be mailed to the appellant(s) by certified mail, return receipt requested. The appellant shall be informed of his further right of appeal as set forth in subsection (c)(4) of this section.

k. If the board of adjustment fails, within 30 days after the date on which the hearing of the appeal is closed, to affirmatively reverse, affirm, modify or remand the decision of the planning commission, the decision of the zoning official or planning commission shall be deemed to be upheld and affirmed.

l. A decision, once made, may not subsequently be reconsidered, amended or rescinded by the board, any parliamentary rules or ordinances to the contrary notwithstanding.

(4) Judicial Review. The owner of the property, a municipal officer or any party with ownership or possessory interest in property located within the borough may appeal an action of the board of adjustment to the superior court in the manner provided by Rule 602 of the Rules of Appellate Procedure of the State of Alaska. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]

18.90.080 Enforcement.

(a) Complaints Regarding Violations. Whenever a violation occurs, any person may file a complaint in regard thereto. All such complaints shall be brought to the attention of the zoning official, who shall record such complaint and immediately investigate and report thereon to the borough manager. If the zoning official finds that any of the provisions of this title are being violated, notification in writing shall be provided to the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The zoning official shall order discontinuance of illegal uses of land, buildings or structures; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions, consistent with KGBC 18.30.030 on nonconforming lots, structures, etc.

(b) Penalties for Violations. For any and every violation of the provisions of this title, the owner, agent or contractor of a building or premises where such violations have been committed or shall exist, or any other person who maintains any building or premises in which any violation shall exist, shall be guilty of a violation and upon conviction thereof shall be fined not more than $500.00. Each and every day that such violation continues shall be deemed a separate and distinct violation. Any building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of this title shall be declared to be unlawful and a public nuisance, and the borough manager shall immediately commence action for the removal thereof, in the manner provided by law, and shall apply to such court or courts as may have jurisdiction to remove such building, structure or use. All remedies provided for herein shall be cumulative and not exclusive. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]

18.90.090 Fees.

Application fees for applications, petitions, and requests that are processed under the requirements and authorizations provided by this chapter shall be as provided for in KGBC 2.105.030. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]