Zoneomics Logo
search icon

Kodiak Island Borough
City Zoning Code

17.205 Amendments

and Changes

17.205.010 Authority.

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. [Ord. FY2019-15 §2, 2019; Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.010].

17.205.020 Report from planning and zoning commission.

The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find:

A. Findings as to need and justification for a change or amendments;

B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and

C. Recommendations as to the approval or disapproval of the change or amendment. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.020].

17.205.030 Manner of initiation.

Changes in this title may be initiated in the following manner:

A. The assembly upon its own motion;

B. The commission upon its own motion; and

C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a zoning district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.030].

17.205.040 Hearing and notice on rezones.

The commission shall hold a public hearing on each properly submitted application for a rezone within 90 days after the date of the next available meeting agenda deadline. The community development department shall give notice of the hearing as required in the same manner prescribed for variances in KIBC 17.195.040. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.040].

17.205.050 Rezones may include additional property.

When the commission deems it necessary or expedient, it may consider other property for change or amendment in addition to the property described in an application for change in the boundary of a zoning district, and may include such additional property in the notices of public hearing and consider amendments relating to such property at the public hearing. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.050].

17.205.055 Submission to assembly.

Unless the commission recommends denial of the zoning map amendment and the applicant requests that the recommendation not be forwarded to the assembly for consideration, within 60 days after the commission has acted upon a proposed zoning change pursuant to KIBC 17.205.060, a report with recommendations shall be submitted to the assembly together with the proposed ordinance adopting the zoning map amendment. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. The assembly shall consider the commission recommendation within 60 days after the receipt of the report and proposed ordinance. When an ordinance has been forwarded to the assembly, the assembly shall act pursuant to this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. [Ord. FY2025-09 §2, 2025; Ord. FY2018-14 §2, 2018; Ord. 93-20 §3, 1993; Ord. 83-58-O §1, 1983. Formerly §17.72.055].

17.205.060 Hearing determination.

The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report. If, from the facts presented and by the findings of the report of the commission, it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment of any portion thereof, the assembly by ordinance shall effect such amendment, supplement, change or reclassification. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.060].

17.205.070 Hearing – Required – Notice.

No ordinance of the assembly effecting an amendment, supplement, change or classification, repeal of regulations or restrictions, the boundaries of zoning districts or classifications of property shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least seven days’ notice of the time and place of such hearing shall be published in a paper of general circulation in the borough. When the proposed amendment covers a change in the boundaries of a zoning district, notice to owners of property shall be given in the manner described in this title for variances. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.070].

17.205.075 Comprehensive plan future land use designation consistency.

The following applies to all approved rezones that are not consistent with assigned comprehensive plan future land use designations:

A. The comprehensive plan future land use designation of the parcel or parcels shall be changed to a designation that is consistent with the new zoning; and

B. Any such comprehensive plan future land use designation change shall become effective upon the effective date of the corresponding rezone; and

C. The ordinance approving the rezone shall contain a section that specifies the newly assigned comprehensive plan future land use designation of the rezoned parcel or parcels. [Ord. FY2019-15 §2, 2019].

17.205.080 Boundary change – Protest.

Repealed by Ord. 93-20. [Ord. 83-58-O §1, 1983. Formerly §17.72.080].

17.205.010 Authority.

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. [Ord. FY2019-15 §2, 2019; Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.010].

17.205.020 Report from planning and zoning commission.

The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find:

A. Findings as to need and justification for a change or amendments;

B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and

C. Recommendations as to the approval or disapproval of the change or amendment. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.020].

17.205.030 Manner of initiation.

Changes in this title may be initiated in the following manner:

A. The assembly upon its own motion;

B. The commission upon its own motion; and

C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a zoning district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.030].

17.205.040 Hearing and notice on rezones.

The commission shall hold a public hearing on each properly submitted application for a rezone within 90 days after the date of the next available meeting agenda deadline. The community development department shall give notice of the hearing as required in the same manner prescribed for variances in KIBC 17.195.040. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.040].

17.205.050 Rezones may include additional property.

When the commission deems it necessary or expedient, it may consider other property for change or amendment in addition to the property described in an application for change in the boundary of a zoning district, and may include such additional property in the notices of public hearing and consider amendments relating to such property at the public hearing. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.050].

17.205.055 Submission to assembly.

Unless the commission recommends denial of the zoning map amendment and the applicant requests that the recommendation not be forwarded to the assembly for consideration, within 60 days after the commission has acted upon a proposed zoning change pursuant to KIBC 17.205.060, a report with recommendations shall be submitted to the assembly together with the proposed ordinance adopting the zoning map amendment. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. The assembly shall consider the commission recommendation within 60 days after the receipt of the report and proposed ordinance. When an ordinance has been forwarded to the assembly, the assembly shall act pursuant to this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. [Ord. FY2025-09 §2, 2025; Ord. FY2018-14 §2, 2018; Ord. 93-20 §3, 1993; Ord. 83-58-O §1, 1983. Formerly §17.72.055].

17.205.060 Hearing determination.

The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report. If, from the facts presented and by the findings of the report of the commission, it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment of any portion thereof, the assembly by ordinance shall effect such amendment, supplement, change or reclassification. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.060].

17.205.070 Hearing – Required – Notice.

No ordinance of the assembly effecting an amendment, supplement, change or classification, repeal of regulations or restrictions, the boundaries of zoning districts or classifications of property shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least seven days’ notice of the time and place of such hearing shall be published in a paper of general circulation in the borough. When the proposed amendment covers a change in the boundaries of a zoning district, notice to owners of property shall be given in the manner described in this title for variances. [Ord. FY2018-14 §2, 2018; Ord. 83-58-O §1, 1983. Formerly §17.72.070].

17.205.075 Comprehensive plan future land use designation consistency.

The following applies to all approved rezones that are not consistent with assigned comprehensive plan future land use designations:

A. The comprehensive plan future land use designation of the parcel or parcels shall be changed to a designation that is consistent with the new zoning; and

B. Any such comprehensive plan future land use designation change shall become effective upon the effective date of the corresponding rezone; and

C. The ordinance approving the rezone shall contain a section that specifies the newly assigned comprehensive plan future land use designation of the rezoned parcel or parcels. [Ord. FY2019-15 §2, 2019].

17.205.080 Boundary change – Protest.

Repealed by Ord. 93-20. [Ord. 83-58-O §1, 1983. Formerly §17.72.080].