18.90.020 Administrative permits | Ketchikan Gateway Borough Code

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.]