Kodiak Island Borough
City Zoning Code
City Zoning Code
17.195 Variances
17.195.010 Authority and purpose.
The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.010].
17.195.020 Application and fee.
A. An application for a variance may be filed by a property owner or his authorized agent. All applications shall be available for public inspection.
B. An application for a variance shall be filed with the department on a form provided. The application for a variance shall be accompanied by the required fee and a detailed site plan. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.020].
17.195.030 Investigation.
An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.030].
17.195.040 Public hearing and notice.
A. The commission shall hold a public hearing on each properly submitted application for a variance within 90 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing.
B. The community development department shall send to each owner of property within a prescribed distance from the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. Prescribed distances are as follows:
1. Lots less than or equal to one-half acre require a notification area measured at 500 feet.
2. Lots greater than one-half acre and less than or equal to one acre require a notification area measured at 750 feet.
3. Lots greater than one acre and less than or equal to two acres require a notification area measured at 1,000 feet.
4. Lots greater than two acres and less than or equal to five acres require a notification area measured at 1,500 feet.
5. Lots greater than five acres require a notification area measured at 2,500 feet.
C. In instances where the subject property is located within the jurisdiction of a local municipal or tribal government, the community development department shall also send notice to those government entities.
D. The applicant shall provide notice of the public hearing by posting the parcel(s) subject to the application for a variance with notice that is clearly legible from each improved street adjacent to the land. The notices shall be in the standardized form provided by the community development department and shall be posted for at least 20 days prior to the date of the public hearing.
E. Notice shall also be provided in accordance with state law by legal publication in local newspapers. [Ord. FY2018-14 §2, 2018; Ord. 2004-07 §4; Ord. 83-40-O §3, 1983. Formerly §17.66.040].
17.195.050 Approval or denial.
After the public hearing described in KIBC 17.195.040, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission.
A. Approval. If it is the finding of the commission, after consideration of staff’s report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district;
2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;
3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public’s health, safety or general welfare;
4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan;
5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and
6. That granting the variance will not permit a prohibited land use in the district involved.
B. Denial. If the commission finds, after consideration of staff’s report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.050].
17.195.060 Conditions.
The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.060].
17.195.070 Effective date.
Repealed by Ord. FY2018-14. [Ord. 83-40-O §3, 1983. Formerly §17.66.070].
17.195.080 Cancellation.
Failure to utilize an approved variance within 24 months after the commission’s granting of the variance shall cause its cancellation. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.080].
17.195.090 Appeals.
An appeal of the commission’s decision to grant or deny a variance may be taken by any party entitled to appeal the decision under KIBC 17.225.030. Right of appeal is forfeited unless the appeal specifying the grounds thereof is filed in writing with the borough clerk within 20 days of the commission’s decision. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.090].
17.195.100 Stay pending appeal.
An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.100].
17.195.010 Authority and purpose.
The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.010].
17.195.020 Application and fee.
A. An application for a variance may be filed by a property owner or his authorized agent. All applications shall be available for public inspection.
B. An application for a variance shall be filed with the department on a form provided. The application for a variance shall be accompanied by the required fee and a detailed site plan. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.020].
17.195.030 Investigation.
An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.030].
17.195.040 Public hearing and notice.
A. The commission shall hold a public hearing on each properly submitted application for a variance within 90 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing.
B. The community development department shall send to each owner of property within a prescribed distance from the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. Prescribed distances are as follows:
1. Lots less than or equal to one-half acre require a notification area measured at 500 feet.
2. Lots greater than one-half acre and less than or equal to one acre require a notification area measured at 750 feet.
3. Lots greater than one acre and less than or equal to two acres require a notification area measured at 1,000 feet.
4. Lots greater than two acres and less than or equal to five acres require a notification area measured at 1,500 feet.
5. Lots greater than five acres require a notification area measured at 2,500 feet.
C. In instances where the subject property is located within the jurisdiction of a local municipal or tribal government, the community development department shall also send notice to those government entities.
D. The applicant shall provide notice of the public hearing by posting the parcel(s) subject to the application for a variance with notice that is clearly legible from each improved street adjacent to the land. The notices shall be in the standardized form provided by the community development department and shall be posted for at least 20 days prior to the date of the public hearing.
E. Notice shall also be provided in accordance with state law by legal publication in local newspapers. [Ord. FY2018-14 §2, 2018; Ord. 2004-07 §4; Ord. 83-40-O §3, 1983. Formerly §17.66.040].
17.195.050 Approval or denial.
After the public hearing described in KIBC 17.195.040, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission.
A. Approval. If it is the finding of the commission, after consideration of staff’s report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district;
2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;
3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public’s health, safety or general welfare;
4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan;
5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and
6. That granting the variance will not permit a prohibited land use in the district involved.
B. Denial. If the commission finds, after consideration of staff’s report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.050].
17.195.060 Conditions.
The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.060].
17.195.070 Effective date.
Repealed by Ord. FY2018-14. [Ord. 83-40-O §3, 1983. Formerly §17.66.070].
17.195.080 Cancellation.
Failure to utilize an approved variance within 24 months after the commission’s granting of the variance shall cause its cancellation. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.080].
17.195.090 Appeals.
An appeal of the commission’s decision to grant or deny a variance may be taken by any party entitled to appeal the decision under KIBC 17.225.030. Right of appeal is forfeited unless the appeal specifying the grounds thereof is filed in writing with the borough clerk within 20 days of the commission’s decision. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.090].
17.195.100 Stay pending appeal.
An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.100].