Kodiak Island Borough
City Zoning Code
City Zoning Code
17.215 Review
of Planning and Zoning Commission Decision
17.215.010 Reconsideration.
A. The commission may reconsider its decision upon petition of any person entitled to appeal the decision under KIBC 17.225.030, filed with the community development department within 20 days after the decision.
B. The commission may reconsider its decision only if it finds:
1. There was a clerical error in the decision;
2. The decision resulted from fraud or mistake; or
3. There is newly discovered evidence or a change in circumstances which by due diligence could not have been discovered before the original hearing.
C. The community development department shall mail notice of the petition for reconsideration to each person who was entitled to notice of the original commission proceeding. The notice shall include the petition for reconsideration, describe the decision upon which reconsideration is requested and state the date and time when the commission will review the petition.
D. The commission shall review the petition at its next regular meeting and decide whether to reconsider the matter. The decision shall be based on the petition and any oral argument of the petitioner or any other interested party which the commission may decide to hear, but no additional evidence shall be taken. If the petition is granted, then the commission shall decide the matter or set the matter on its agenda for rehearing. The decision of the commission on reconsideration shall be final, subject to appeal, and the commission shall entertain no further petitions for reconsideration of the decision at issue. [Ord. FY2018-19 §2, 2018; Ord. 90-44 §4, 1991. Formerly §17.80.010].
17.215.020 Commencement of appeal – Stay.
A. A decision of the commission is final unless an appeal of the decision is made within 20 days after the decision by the commission to the board of adjustment.
B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final.
C. The running of the time for filing an appeal from a decision of the commission is terminated by a timely petition for reconsideration, filed in accordance with this chapter. The full time for an appeal begins to run again on the date of the decision of the commission on reconsideration. [Ord. FY2018-19 §2, 2018; Ord. 90-44 §4, 1991. Formerly §17.80.020].
17.215.010 Reconsideration.
A. The commission may reconsider its decision upon petition of any person entitled to appeal the decision under KIBC 17.225.030, filed with the community development department within 20 days after the decision.
B. The commission may reconsider its decision only if it finds:
1. There was a clerical error in the decision;
2. The decision resulted from fraud or mistake; or
3. There is newly discovered evidence or a change in circumstances which by due diligence could not have been discovered before the original hearing.
C. The community development department shall mail notice of the petition for reconsideration to each person who was entitled to notice of the original commission proceeding. The notice shall include the petition for reconsideration, describe the decision upon which reconsideration is requested and state the date and time when the commission will review the petition.
D. The commission shall review the petition at its next regular meeting and decide whether to reconsider the matter. The decision shall be based on the petition and any oral argument of the petitioner or any other interested party which the commission may decide to hear, but no additional evidence shall be taken. If the petition is granted, then the commission shall decide the matter or set the matter on its agenda for rehearing. The decision of the commission on reconsideration shall be final, subject to appeal, and the commission shall entertain no further petitions for reconsideration of the decision at issue. [Ord. FY2018-19 §2, 2018; Ord. 90-44 §4, 1991. Formerly §17.80.010].
17.215.020 Commencement of appeal – Stay.
A. A decision of the commission is final unless an appeal of the decision is made within 20 days after the decision by the commission to the board of adjustment.
B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final.
C. The running of the time for filing an appeal from a decision of the commission is terminated by a timely petition for reconsideration, filed in accordance with this chapter. The full time for an appeal begins to run again on the date of the decision of the commission on reconsideration. [Ord. FY2018-19 §2, 2018; Ord. 90-44 §4, 1991. Formerly §17.80.020].