Kodiak Island Borough
City Zoning Code
City Zoning Code
17.200 Conditional
Use Permits
17.200.010 Intent.
It is recognized that there are land uses which are generally considered appropriate in certain zoning districts; provided, that controls and safeguards are applied to ensure their compatibility with permitted principal uses. The conditional use permit procedure is intended to allow consideration of the impact of the proposed conditional use on surrounding property, and the application of controls and safeguards to assure that the conditional use will be compatible with the surrounding area. [Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.010].
17.200.020 Application and fee.
A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent.
B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by the required fee and site plan. [Ord. FY2018-14 §2, 2018; Ord. 92-12 §10, 1992; Ord. 81-31-O §2, 1981. Formerly §17.67.020].
17.200.030 Site plan.
A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. [Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.030].
17.200.040 Public hearing and notice.
The commission shall hold a public hearing on each properly submitted application for a conditional use permit within 90 days after the date of the next available meeting agenda deadline. The community development department shall give notice of the hearing in the same manner prescribed for variances in KIBC 17.195.040. [Ord. FY2018-14 §2, 2018; Ord. 2004-07 §5; Ord. 81-31-O §2, 1981. Formerly §17.67.040].
17.200.050 Approval or denial.
After the public hearing described in KIBC 17.200.040, 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 conditional use permit shall be granted:
1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area;
2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question;
3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort;
4. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections (A)(1) through (3) of this section;
5. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits.
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 conditional use permit. [Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.050].
17.200.060 Conditions.
A. In its recommendation of granting a conditional use, the commission shall specify, in writing, the requirements it finds necessary to fulfill the intent of this chapter. These conditions may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with the surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district.
B. Specific Uses.
1. In addition to the normal planning and zoning commission review of a conditional use permit, some requests include specific requirements associated with the proposed use, listed in subsection C of this section. These specific requirements are included in order to lessen the impacts of the proposed use to surrounding areas. In addition to meeting the specific conditional use standards listed within this section for the particular use, the proposed use must meet all other requirements of the KIBC. In the event of a conflict between the specific use requirements listed and the other zoning requirements of this title, the specific use requirements shall prevail.
2. Specific use requirements may be waived or altered by the planning and zoning commission. A waiver of specific use requirements shall be requested by the applicant at the time of the conditional use permit application. The commission may provide conditions of approval or changes to the conditional use permit site plan to implement such a waiver or alteration of the specific use requirements. Specific use requirements are listed in subsection C of this section.
C. The following conditional uses have specific development requirements. These development requirements are in addition to the development requirements of the zone in which the use is located, and any conditions included in the planning commission approval authorizing the use.
1. Pet Boarding Facility.
a. Facilities Enclosed. All facilities, except parking, shall be within a totally enclosed building except where it can be demonstrated that a nuisance is not created or can be satisfactorily mitigated. Mitigation measures to be considered by the commission shall include hours of operation, additional setbacks from surrounding properties, and screening/landscaping.
b. Signs. Except in zoning districts where signs are allowed, there shall be no more than one non-illuminated sign not to exceed 12 square feet in area and not to exceed six feet in height.
c. Fences. A continuous fence at least six feet in height shall be erected around the portion of the site used for the boarding operation, excluding parking areas.
d. Noise. The design of the structures used for boarding shall include features that acoustically shield any animal noises from surrounding property.
e. The applicant shall demonstrate adequate provisions to prevent surface water quality impacts due to animal wastes. [Ord. FY2026-03 §2, 2025; Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.060].
17.200.070 Action by planning and zoning commission.
Repealed by Ord. FY2018-14. [Ord. 93-66 §4, 1993; Ord. 81-31-O §2, 1981. Formerly §17.67.070].
17.200.080 Cancellation.
Failure to utilize an approved conditional use permit within 24 months after the commission’s granting of the conditional use permit shall cause its cancellation. [Ord. FY2018-14 §2, 2018].
17.200.090 Appeals.
The commission’s action may be appealed to the assembly 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. 81-31-O §2, 1981. Formerly §17.67.080].
17.200.100 Stay pending appeal.
An appeal from a decision granting a conditional use permit stays the decision appealed from until there is a final decision on the appeal. [Ord. FY2018-14 §2, 2018].
17.200.010 Intent.
It is recognized that there are land uses which are generally considered appropriate in certain zoning districts; provided, that controls and safeguards are applied to ensure their compatibility with permitted principal uses. The conditional use permit procedure is intended to allow consideration of the impact of the proposed conditional use on surrounding property, and the application of controls and safeguards to assure that the conditional use will be compatible with the surrounding area. [Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.010].
17.200.020 Application and fee.
A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent.
B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by the required fee and site plan. [Ord. FY2018-14 §2, 2018; Ord. 92-12 §10, 1992; Ord. 81-31-O §2, 1981. Formerly §17.67.020].
17.200.030 Site plan.
A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. [Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.030].
17.200.040 Public hearing and notice.
The commission shall hold a public hearing on each properly submitted application for a conditional use permit within 90 days after the date of the next available meeting agenda deadline. The community development department shall give notice of the hearing in the same manner prescribed for variances in KIBC 17.195.040. [Ord. FY2018-14 §2, 2018; Ord. 2004-07 §5; Ord. 81-31-O §2, 1981. Formerly §17.67.040].
17.200.050 Approval or denial.
After the public hearing described in KIBC 17.200.040, 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 conditional use permit shall be granted:
1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area;
2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question;
3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort;
4. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections (A)(1) through (3) of this section;
5. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits.
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 conditional use permit. [Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.050].
17.200.060 Conditions.
A. In its recommendation of granting a conditional use, the commission shall specify, in writing, the requirements it finds necessary to fulfill the intent of this chapter. These conditions may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with the surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district.
B. Specific Uses.
1. In addition to the normal planning and zoning commission review of a conditional use permit, some requests include specific requirements associated with the proposed use, listed in subsection C of this section. These specific requirements are included in order to lessen the impacts of the proposed use to surrounding areas. In addition to meeting the specific conditional use standards listed within this section for the particular use, the proposed use must meet all other requirements of the KIBC. In the event of a conflict between the specific use requirements listed and the other zoning requirements of this title, the specific use requirements shall prevail.
2. Specific use requirements may be waived or altered by the planning and zoning commission. A waiver of specific use requirements shall be requested by the applicant at the time of the conditional use permit application. The commission may provide conditions of approval or changes to the conditional use permit site plan to implement such a waiver or alteration of the specific use requirements. Specific use requirements are listed in subsection C of this section.
C. The following conditional uses have specific development requirements. These development requirements are in addition to the development requirements of the zone in which the use is located, and any conditions included in the planning commission approval authorizing the use.
1. Pet Boarding Facility.
a. Facilities Enclosed. All facilities, except parking, shall be within a totally enclosed building except where it can be demonstrated that a nuisance is not created or can be satisfactorily mitigated. Mitigation measures to be considered by the commission shall include hours of operation, additional setbacks from surrounding properties, and screening/landscaping.
b. Signs. Except in zoning districts where signs are allowed, there shall be no more than one non-illuminated sign not to exceed 12 square feet in area and not to exceed six feet in height.
c. Fences. A continuous fence at least six feet in height shall be erected around the portion of the site used for the boarding operation, excluding parking areas.
d. Noise. The design of the structures used for boarding shall include features that acoustically shield any animal noises from surrounding property.
e. The applicant shall demonstrate adequate provisions to prevent surface water quality impacts due to animal wastes. [Ord. FY2026-03 §2, 2025; Ord. FY2018-14 §2, 2018; Ord. 81-31-O §2, 1981. Formerly §17.67.060].
17.200.070 Action by planning and zoning commission.
Repealed by Ord. FY2018-14. [Ord. 93-66 §4, 1993; Ord. 81-31-O §2, 1981. Formerly §17.67.070].
17.200.080 Cancellation.
Failure to utilize an approved conditional use permit within 24 months after the commission’s granting of the conditional use permit shall cause its cancellation. [Ord. FY2018-14 §2, 2018].
17.200.090 Appeals.
The commission’s action may be appealed to the assembly 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. 81-31-O §2, 1981. Formerly §17.67.080].
17.200.100 Stay pending appeal.
An appeal from a decision granting a conditional use permit stays the decision appealed from until there is a final decision on the appeal. [Ord. FY2018-14 §2, 2018].