18.90.050 Rezones, code amendments, overlays, and planned unit developments

18.90.050 Rezones, code amendments, overlays, and planned unit developments.

Whenever the public necessity, convenience or general welfare requires, the borough may, under the following procedure and by ordinance, amend, supplement or change this chapter or the official zoning map, or create a new overlay district or planned unit development.

(a) Authority. Rezones, code amendments, overlay zones, and planned unit developments are established by ordinance of the assembly with recommendation from the planning commission.

(1) A rezone or overlay may be initiated by:

a. The borough assembly on its own motion;

b. The planning commission on its own motion;

c. Any department or agency of a city or the borough;

d. Any individual, corporation or agency, other than those listed above, subject to the following conditions:

1. For a rezone: A petition signed by the owners of not less than 50 percent of the area of property proposed for rezoning as shown on the last equalized assessment roll or such other verification of ownership acceptable to the designated planning official.

2. For an overlay: A petition signed by the owners of not less than 67 percent of the area of property proposed for an overlay as shown on the last equalized assessment roll or such other verification of ownership acceptable to the designated planning official.

i. In addition to the necessary signatures, the petition shall contain:

A. A legibly written legal description of the property involved and the legal document reference for that description. If the legal description is a metes and bounds description written from a survey or subdivision map, then that map showing the proposed rezone shall accompany the legal description of the property involved; and

B. Reasons for the proposed change and any statements or other documents to address the review criteria contained in subsection (b)(4) of this section; and

C. Application fees for zoning amendments shall be as provided for in KGBC 2.105.030.

(2) Any request or petition to amend the official zoning map shall be submitted in writing to the planning commission through the zoning official.

(3) Planning Commission – Public Hearing, Notification and Publication. Before making any recommendation on a proposed amendment to the official zoning map and within 45 days of the initiation thereof, the planning commission shall hold a public hearing thereon. Public notice shall generally describe the proposed rezone and be published according to the procedures found in KGBC 18.90.060.

(4) The planning commission shall study any request or petition for amendment of the official zoning map to determine:

a. The need and justification for any proposed change of the zoning map to:

1. Address an error or uncertainty in the official zoning map; or

2. Adapt to changing conditions over which the owner(s) of the area have limited control; or

3. To implement a change in the comprehensive plan.

b. There is adequate public infrastructure to support the potential development the amendment to the official zoning map will allow, to include:

1. Transportation to support the levels and types of traffic; and

2. Electrical and communications; and

3. Water and sewer; and

4. Demand for public services including fire, police, EMS, and schools.

c. The impact of the rezone or overlay on the character of the surrounding area or neighborhood as indicated by:

1. Traffic routes and volumes; and

2. Density of development; and

3. Building type, size, and height.

d. The amendment to the official zoning map will not cause a need or increased pressure for additional map amendments that will allow development for which there is inadequate infrastructure or will adversely impact surrounding properties.

e. The amendment to the official zoning map will implement or further the purposes of the comprehensive plan.

(5) The planning commission may recommend, and the assembly may make modifications to, any proposed or recommended amendment; provided, that the commission and assembly find that such change would be in the public interest; and provided further, that such modification shall not modify any property not included in the advertised proposal and shall not be less restrictive than the zoning applied for.

(6) Within seven days after the planning commission has acted on a proposed amendment of the zoning map in accordance with the foregoing provisions, a report and recommendation shall be submitted to the borough clerk. Such recommendation of the planning commission shall be advisory only, and shall not be binding on the assembly.

(7) Before the planning commission recommendation for amendment to the zoning map is presented to the assembly, the borough clerk shall cause an ordinance to be prepared setting forth the details of the proposed amendment. Such ordinance shall be subject to two public hearings; the first public hearing shall be scheduled at the meeting at which it is proposed to be introduced, and if it is introduced, the second public hearing shall be held prior to adoption. Such ordinance shall be available for introduction at a regular meeting of the assembly within 45 days of receipt of the transmittal by the borough clerk. Notification and publication of the proposed introduction of the ordinance shall be as set forth in subsection (c)(4) of this section.

(8) An ordinance resulting in a change in the official zoning map shall identify by legal description the property rezoned. All changes to the official zoning map shall be made by the borough manager or designee as required in the ordinance making change in zoning. Such official shall cause the digital zoning map to be updated to reflect the authorized rezone. If the new map is found to be correct, the borough manager or designee, in the presence of the borough clerk or deputy clerk, shall make the following certification on the original ordinance authorizing the rezone:

Certificate

I, ___________________, _____________________________ for the Ketchikan Gateway Borough, hereby certify that on this ______ day of __________, 20__, pursuant to the provisions of KGBC 18.90.050, I have caused the Official Zoning Map to be changed in the manner and to the extent directed and authorized by Ordinance No. _______, which ordinance rezoned certain property more particularly described in such ordinance from ____________________ to ____________________.

__________________________

(Title)

Subscribed and sworn to before me and witnessed by me, on this__day of____, 20__.

ATTEST:

__________________________

Borough Clerk or Deputy Clerk

The borough clerk, or deputy clerk, shall be present at the time this certificate is signed and shall attest the same.

(9) Any area located in a planned unit development shall be designated according to the provision of subsection (e)(12) of this section.

(1) An amendment to the zoning ordinance text may be initiated by:

a. The borough assembly on its own motion;

b. The planning commission on its own motion;

c. Any department or agency of a city or the borough;

d. Any owner of real property within Ketchikan Gateway Borough.

(2) Any request to change the zoning ordinance text shall be submitted in writing to the planning commission through the designated planning official.

(3) Fees. Application fees for applications to modify the text of the zoning ordinance shall be as provided for in KGBC 2.105.030.

(4) Planning Commission – Public Hearing, Notification and Publication. Before making any recommendation on a proposed amendment to the zoning ordinance text and within 45 days of the initiation thereof, the planning commission shall hold a public hearing thereon. Public notice shall be given stating the date, time, place and the purpose of the hearing. The notice shall generally describe the proposed amendment to the zoning ordinance and be published according to the procedures found in KGBC 18.90.060.

(5) The planning commission shall study any request or petition for amendment to determine:

a. The need and justification for any proposed change of the zoning ordinance to:

1. Address an identified error;

2. Adapt the code to changing conditions;

3. Implement a change to the comprehensive plan.

b. The impact the ordinance will have on existing development rights.

c. The impact the ordinance will have on land use patterns.

d. The impact the ordinance will have on adjacent lands.

e. The impact the ordinance will have on the equitable distribution of land use rights or the application of the provisions of this title thereon.

f. How the ordinance will implement or further the purposes of the comprehensive plan.

(6) The planning commission may recommend, and the assembly may make modifications to, any proposed or recommended amendment.

(7) Within seven days after the planning commission has acted on a proposed amendment of the zoning ordinance in accordance with the foregoing provisions, a report and recommendation shall be submitted to the borough clerk. Such recommendation of the planning commission shall be advisory only, and shall not be binding on the assembly.

(8) Before the planning commission recommendation for amendment to the zoning ordinance is presented to the assembly, the borough clerk shall cause an ordinance to be prepared setting forth the details of the proposed amendment. Such ordinance shall be subject to two public hearings, the first public hearing shall be scheduled at the meeting at which it is proposed to be introduced, and if it is introduced, the second public hearing shall be held prior to adoption. Such ordinance shall be available for introduction at a regular meeting of the assembly within 45 days of receipt of the transmittal by the borough clerk.

(1) Overlay zones are established through the change of zoning process, as described in subsection (b) of this section.

(2) In addition to the requirements of subsection (b) of this section, an application to create an overlay zone must contain a narrative description detailing:

a. The uses to be allowed as principal, accessory, conditional, or permitted with standards; and

b. Any specific development standards for conditional and permitted with standards; and

c. Such other requirements as may be applicable to the establishment of the particular district.

(3) Fees. Application fees for applications to create an overlay zone shall be as provided for in KGBC 2.105.030.

(4) Any overlay zones codified in this title shall be identified on the official zoning map by the letters “OL” followed by the ordinance number establishing the district (e.g., OL 7573).

a. Subdivisions will be completed according to the relevant sections of KGBC Title 17 subject to any specific design criteria established by the overlay.

b. Use permits, including zoning permits and conditional use permits, will be issued according to the relevant sections of this title subject to any specific land use and development requirements established by the overlay.

c. Variances. Relief from the specific development requirements on individual lots within the overlay shall be subject to the requirements of KGBC 18.90.030.

d. Where uncertainty exists as to the boundaries of the overlay district, the interpretation will follow the provisions of KGBC 18.30.010.

e. Application of zone regulations will follow the provisions of KGBC 18.30.020.

f. Fees, representation on applications, and other administrative elements of an overlay request are the responsibility of the initiators of the proposed overlay district.

(e) Planned Unit Development Requirements. All requests for a rezone to a planned unit development (PUD) zone must meet the requirements listed below:

(1) Establishment of PUD Zone. PUD zones are established through the change of zoning process, as described in subsection (b) of this section.

(2) Minimum Site Area. The minimum site area for a PUD containing nonresidential uses shall be two acres unless a smaller area is authorized by the grant of a variance according to the procedure set out in KGBC 17.10.040. The minimum site area for a PUD exclusively for residential purposes shall be 10,000 square feet.

(3) Phased Development. Phased developments are permitted in conjunction with a preliminary subdivision plan approval in accordance with KGBC Title 17.

(4) Master Development Plan Requirement. A master development plan shall take the form of a map and narrative description.

a. The map shall be drawn to scale and show the external boundaries of the PUD and the boundaries of any development areas contained within the PUD. Development areas shall be labeled so as to be differentiated in the narrative description.

b. The narrative description shall establish, for the PUD as a whole and for any development areas it contains:

1. The uses to be allowed as principal, accessory, conditional, or permitted with standards; and

2. The development standards that apply to lands contained with the PUD and development areas; and

3. Any specific development standards for conditional and permitted with standards; and

4. Such other requirements as may be applicable to the establishment of the particular district; and

5. Perimeter Requirement. Property adjacent to the perimeter proposed for nonresidential use and adjacent to property outside of the PUD area and within a residential zone shall maintain all specific setback or buffer requirements typically required for such uses when adjacent to property within a residential zone.

(5) Additional Review Criteria. The following review criteria are in addition to the rezone review criteria established in subsection (b)(4) of this section:

a. The design effectively provides for clustered buildings, mixed uses, or mixed housing types; and

b. The development incorporates boundary buffers sufficient to separate adjacent property from dissimilar uses; and

c. The configuration of the development provides for economy and efficiency in utilities, housing construction, streets, parking and circulation; and

d. The PUD must be integrated with surrounding land uses and minimize any negative impacts on them.

a. Subdivisions will be completed according to the relevant sections of KGBC Title 17 subject to any specific design criteria established by the PUD.

a. Approval by Assembly. The PUD zone master development plan is approved by the assembly as a zoning amendment approval under subsection (b) of this section. Changes to the master development plan require approval of a zoning amendment in accordance with subsection (b) of this section if such change will result in any of the following:

1. An increase in the number of dwelling units allowed;

2. An increase in the gross building area for commercial or industrial structures;

3. An addition of principal or conditional uses;

4. Changes to the external boundaries of the current PUD.

(8) Approval by Planning Commission. The following minor changes to the master development plan do not require approval of a zoning amendment by the assembly under subsection (b) of this section, but will require approval by the planning commission applying the procedure for major variances in KGBC 18.90.030(c):

a. Changes to the original boundaries of development areas that do not impact the external PUD boundary;

b. A transfer of development rights between development areas (number of residential dwelling units and gross square footage of nonresidential structures);

c. Deletion of land uses; or

d. Changes to the development standards, excluding perimeter buffer or setback requirements.

(9) Approval by Zoning Official. The following minor changes to the master development plan may be approved by the zoning official following the procedures for approval of a minor variance under KGBC 18.90.030(b):

a. Changes to the original boundaries of development areas that do not impact the external PUD boundary and result in a change in area of a land use of less than 10 percent of the overall area of that use;

b. Interpretation of uses to be allowed or prohibited; or

c. Changes to dimensional standards less than 10 percent, excluding perimeter buffer or setback requirements.

(10) Variances. Relief from the specific development requirements on individual lots within the PUD shall be subject to the requirements of KGBC 18.90.030.

(11) Appeals. Any appeals from decisions made under subsection (e)(8) or (e)(9) of this section shall be in accordance with KGBC 18.90.070.

a. Any PUD zones shall be identified on the official zoning map by the letters “PUD” followed by the ordinance number establishing the district. Any ordinance amending a PUD district also shall be referenced on the PUD official zoning map by ordinance number (e.g., PUD 262).

b. Amendments to the PUD district approved by the planning commission shall be referenced on the zoning map by commission resolution number. (e.g., PUD (PC 6734)).

c. Amendments to the PUD district approved by the zoning administrator shall be referenced on the zoning map by date (e.g., PUD (DPCD 5/3/83)). [Ord. No. 2022, §15 (Exh. A), 7-17-23.]