Chapter 18.55
PROCEDURES

Sections:

18.55.010    Administrative official.

18.55.020    Zoning permits.

18.55.030    Sign permits.

18.55.040    Variances.

18.55.050    Conditional use permits.

18.55.060    Zoning map, overlay, and code amendments.

18.55.070    Appeals.

18.55.080    Enforcement.

18.55.090    Fees.

18.55.100    Waiver or reduction for seasonal employees.

18.55.010 Administrative official.

An administrative official designated by the borough manager shall administer and enforce this title. The administrative official may be provided with the assistance of such other persons as the borough assembly deems necessary. If the administrative official finds that any of the provisions of this title are being violated, notification in writing shall be provided to the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The administrative official shall order discontinuance of illegal uses of land, buildings or structures; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions, consistent with KGBC 18.15.030 on nonconforming lots, structures, etc. [Ord. No. 1726, §1, 8-4-14.]

18.55.020 Zoning permits.

(a)    A zoning permit must be obtained:

(1)    Prior to the commencement of new construction, the erection, assemblage, or placement of a structure and/or appurtenances on a property except as specified in subsection (a)(4) of this section.

(2)    Prior to the commencement of an enlargement of enclosed space or the alteration, movement, or conversion of any existing structure and/or appurtenance, except as specified in subsection (a)(4) of this section.

(3)    Prior to the initiation of a new use or addition of a new activity that may be subject to different development requirements or lot development standards.

(4)    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 18.05.200(p).

(5)    In order to utilize a variance in accordance with KGBC 18.55.040 and/or a conditional use permit in accordance with KGBC 18.55.050, that have been granted by the planning commission.

(b)    An application for a zoning permit shall be filed on a form provided by the zoning official and be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be developed; the exact sizes and location on the lot of structures already existing, if any; the location and dimensions of the proposed structure’s alteration, enlargement, movement, improvement, assemblage, placement, or conversion; and the location of any areas to be cleared or graded, the approximate volume of rock to be excavated, the approximate number of marketable trees to be removed, and the proposed disposition of the rock and trees. For applications that show clearing or grading in excess of 50 percent of the lot area or 15,000 square feet, whichever is less, or any sale of natural resources removed from the site, a site development plan is required.

(1)    A site development plan shall consist of:

a.    A topographical map of the property with not less than 10-foot contours showing the lot lines of the parcel, adjacent rights-of-way, the location of existing and proposed buildings, the limits of the area to be cleared, graded, or timbered, and the proposed final grade.

b.    A narrative description of the operation to include the estimated dates and duration of activities, the extraction methods and equipment to be used, and how extracted materials will be used or disposed of.

(c)    The application and the accompanying plans shall contain sufficient information to determine compliance of the proposed use, construction or alteration with the provisions of this title. All applications for zoning permits shall be accompanied by an application for a water permit required under KGBC 13.05.030 and a sewer permit required under KGBC 13.10.070, an approval by the appropriate agency, or certification of the installation of a private sewer system.

(d)    The following structures, improvements, and appurtenances are exempt from requirements for zoning permits:

(1)    One story detached accessory buildings used as tool and storage sheds, playhouses, and other similar type uses, provided the gross floor area does not exceed 120 square feet, and the roof eaves or overhangs do not project more than 12 inches beyond the outside walls.

(2)    Fences of any height.

(3)    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.

(4)    Repair or replacement of exterior finishes, the replacement or installation of windows and doors, and the repair of walkways and decks.

(5)    The construction of decks, platforms, stairs, and walkways less than 30 inches above grade, exclusive of handrails.

(6)    Site development not involving the removal of commercially marketable natural resources.

(e)    Application Authority. An application for a zoning permit must be signed by the owner(s) of record of the subject property, a contract purchaser, an agent legally designated by the owner, or any person with a demonstrated possessory interest in the subject property. Any person other than the owner of record must provide written evidence of their authority to file the application. In the case of a possessory interest, the owner of record shall also sign the application.

(f)    Decision on Permit 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 an agreement signed 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)    One copy of said plans shall be returned to the applicant by the zoning official. The zoning official shall attach to the plans either a zoning permit or a statement providing the reasons for denying the zoning permit. The second copy of the plans, similarly marked, shall be retained by the zoning official.

(4)    A decision of the zoning official on an application filed pursuant to this section is subject to appeal pursuant to KGBC 18.55.070.

(g)    Inspection Required. The applicant shall provide for an inspection of the footings and/or foundation prior to pouring concrete or installing piers.

(1)    Except as provided in this section, the inspection shall be conducted by a professional land surveyor. 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.

(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.

(h)    Verification and Remedies.

(1)    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.

(2)    If the improvements comply with the approved permit, the zoning official shall indicate in writing and notify the applicant.

(3)    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.

(4)    If the improvements neither conform to the requirements of the permit nor the provisions of this title, the zoning official shall immediately issue by certified mail, return receipt requested, and post on the property an order requiring the applicant to cease the construction of improvements and remove or modify the improvements as necessary to provide for compliance with this title.

(i)    Duration of a Zoning Permit. A zoning permit for property within the Ketchikan Gateway Borough, once issued, 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.

(j)    Zoning Permits Within Overlay Districts.

(1)    The planning director shall administer this subsection (j) and make the determinations authorized hereunder.

(2)    Applications for a zoning permit within the overlay district shall be made to the planning director as provided for in this section. Such application shall include, as appropriate, official plans, elevations, sections, and site plans showing the proposed construction, alteration, demolition, materials, and otherwise compliance with the standards outlined by the overlay district. The plans and drawings shall be in sufficient detail for the planning director to determine compliance with size, setback, and materials requirements.

(3)    Noticing of application for a zoning permit within the Newtown overlay district will be provided by the placing of a planning department “Notice of Action” sign in a conspicuous place so as to be visible, such as a window or exterior wall. The sign will be issued by the planning department and in place for 15 days to provide for public comment. Upon completion of the notice period and upon return of the “Notice of Action” sign to the planning department, the planning director will complete review of the zoning permit application.

(k)    Zoning Permits for Temporary Uses. No person or group shall undertake or establish activities authorized in KGBC 18.45.040 without first securing written approval from the code administrator as follows:

(1)    A completed application in a form prescribed by the code administrator along with a zoning permit fee in an amount prescribed by the KGB Code; provided, however, that the fee is waived for nonprofit organizations such as churches, booster clubs, youth organizations, and charities.

(2)    Applications made pursuant to this section shall be accompanied by the following:

a.    Evidence of legal interest in the property upon which such activities are proposed or written authorization for the activities proposed from the individual holding such interest;

b.    A detailed, complete written description of anticipated events directly related to the activity proposed;

c.    A site plan, drawn to scale, showing lot dimensions, location and dimension of existing buildings, location and dimension of proposed temporary buildings or uses with dimensions to property lines, and the location of adjacent rights-of-way and proposed off-street parking areas with the number of available spaces clearly marked; and

d.    In the case of mobile buildings for use as construction and material storage, a copy of the approved zoning permit for development of the site.

(3)    Upon satisfactory completion of the prescribed application, the code administrator shall be authorized to approve the use and/or structure as temporary. Such approval may be renewed at the discretion of the code administrator and shall not constitute or grant a permanent land use entitlement beyond the terms contained within this chapter.

(l)    Special zoning permits/certificate of approval within the HD zone.

(1)    Construction, alteration, moving or demolition of buildings.

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 administrative 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 administrative 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 administrative 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 administrative 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 (l)(1)(c)(1) of this section, the administrative 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 administrative official shall administer and enforce the procedure and requirements of this subsection and the requirements listed in those sections of Chapter 18.35 KGBC that relate to the HD zone and make the determinations authorized hereunder. The administrative 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 provisions of Chapter 18.35 KGBC and other pertinent provisions of this chapter, 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 administrative 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 administrative 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 administrative 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 administrative official for examination by said owners and that said owners may within 15 days of the mailing of said notice submit to the administrative 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 administrative official’s comments thereon.

(5)    Within 30 days after receiving the application and accompanying documents and the comments of the administrative official, the architectural design review board shall meet and discuss the application and accompanying documents and comments of the administrative official and shall, with the assistance of the zoning clerk, prepare for transmission to the administrative 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 18.35.010(b) as well as other pertinent provisions of this chapter. If the architectural design review board fails to transmit its recommendations to the administrative official within 40 days after receiving the application from the administrative official, the board shall be deemed to have given its approval to the application and the administrative official shall within an additional five days, according to the policy set forth in KGBC 18.35.010(b), 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.

(m)    Zoning permit applications for a marijuana business establishment use must include the information required to be submitted with an application for a State license under AS 17.38 and any other information required to determine whether the application meets the standards set out in KGBC 18.45.025. This information shall include, as applicable, but is not limited to:

(1)    A plan for testing in accordance with 3 AAC 306; and

(2)    A plan for waste disposal in accordance with 3 AAC 306; and

(3)    A plan for local transportation in accordance with 3 AAC 306; and

(4)    A plan for odor control in accordance with 3 AAC 306; and

(5)    A plan for security and surveillance of premises in accordance with 3 AAC 306; and

(6)    Plans associated with on-site consumption in accordance with 3 AAC 306.

(n)    A zoning permit application for marijuana business establishment use shall be denied, if the planning director determines, based on the application submitted and information provided under subsection (m) of this section that the proposed use would violate State licensing requirements. [Ord. No. 1827, §21, 4-3-17; Ord. No. 1802A, §12, 6-20-16; Ord. No. 1785, §3, 2-1-16; Ord. No. 1726, §1, 8-4-14.]

18.55.030 Sign permits.

A permit shall be obtained from the administrative official for this title prior to the installation of any exterior sign, nameplate, advertising sign or advertising structure for any such device requiring a permit under any section of this title. Sign permit applications shall include plans for all signs to be placed. The plans shall illustrate sign elevations, cross sections, dimensions, placement on the site, materials, colors, and lighting designed to withstand high winds. Construction and erection of signs shall be in accordance with this title. [Ord. No. 1726, §1, 8-4-14.]

18.55.040 Variances.

(a)    The development standards in this title are designed to protect the public health, safety and welfare by establishing setbacks, maximum building heights and other development standards that apply to various uses. Variances may be granted for land or development with unique characteristics and provided that the intent and purpose of the development standards are maintained.

(b)    Minor Variances.

(1)    Applicability. A request to vary all quantifiable standards contained in this title, except for those related to off-street parking standards, by less than 10 percent will be considered a minor variance.

(2)    Approval Authorization. The planning director or designee may authorize minor variances from the development requirements of this title when the criteria contained in subsection (b)(5) of this section are met.

(3)    Application. A request for a minor variance may be initiated by the owner of the affected property or their authorized agent. At a minimum the application shall include the location and legal description of the property, the reason for the variance and an explanation of how the variance criteria are satisfied. An accurate site plan, drawn to scale, shall be attached to the application depicting the perimeter of the property including dimensions, significant natural features, and all existing and proposed improvements.

(4)    Fees. Application fees for minor variances shall be as provided for in KGBC 2.105.030.

(5)    Applicable Criteria. A minor variance from a quantifiable standard may be granted in accordance with the review procedures provided in subsection (b)(6) of this section, provided the applicant provides evidence that the criteria contained in subsection (c)(4) are met.

(6)    Procedure and Public Notice.

a.    Upon receipt of a complete application, the planning director or designee shall review and prepare a written decision on the request within 15 days in accordance with the process outlined in this chapter.

b.    Written notice of the request shall be prepared and contain a general description of the request, the location and legal description of the property affected, advising of the method to request a decision by the full planning commission. The notice of the request shall be mailed to the applicant and owners of property as follows:

1.    Within the corporate limits of the city of Ketchikan, Alaska, owners of property located 600 feet from any point on the outside perimeter of the property for which a variance has been requested.

2.    Outside the corporate limits of the city of Ketchikan, Alaska, owners of property located 1,200 feet from any point on the outside perimeter of the property for which the variance has been requested.

c.    Unless a request to refer the matter to the planning commission for formal consideration under subsection (c) of this section is filed with the planning director within 15 days of the date of distribution, the decision becomes final.

d.    Upon written request by the applicant or any other person notified in subsection (b)(6)(b) of this section within 15 days of distribution of the notice of request, the variance request shall be referred to the planning commission for processing in the same manner as a major variance request in accordance with subsection (c) of this section.

e.    A minor variance granted by the planning director shall be conditional upon the privilege granted being utilized within six months after the effective date of the variance.

(c)    Major Variances.

(1)    Applicability. A request to vary quantifiable standards by more than 10 percent will be considered a major variance. All variances to parking standards shall be processed and reviewed as a major variance.

(2)    Approval Authorization. The planning commission may authorize major variances from the requirements of this title, when the criteria contained in subsection (c)(4) of this section are met.

(3)    Application. A request for a major variance may be initiated by the owner of the affected property or their authorized agent. At a minimum the application shall include the location and legal description of the property, the reason for the variance and an explanation of how the variance criteria are satisfied. An accurate site plan, drawn to scale, shall be attached to the application depicting the perimeter of the property including dimensions, significant natural features, and all existing and proposed improvements.

(4)    Applicable Criteria. A variance from a quantifiable standard may be granted in accordance with the review procedures provided in subsection (c)(5) of this section provided the applicant provides evidence that the following standards are met:

a.    Special conditions that require the variance are not caused by the person seeking the variance;

b.    The variance will not permit a land use in a district in which that use is prohibited;

c.    The variance will not solely relieve a pecuniary hardship or inconvenience;

d.    When compared with other properties in the surrounding area, the property is subject to a greater hardship or burden resulting from the strict application of the zoning ordinance;

e.    The requested variance is the minimum reduction of development requirements necessary to give substantial relief to the property involved.

(5)    Procedure and Public Notice.

a.    The planning commission shall hold a public hearing on a request for a major variance within 60 days following the date of filing a complete application unless such time limit be extended by written consent by the applicant.

b.    Public notice shall be given stating the date, time, place and purpose of hearing. The notice shall generally describe the variance sought. The notice shall be published at least 15 days prior to the date of the hearing. If posted on the Internet, the post shall remain until the date and time set for the hearing. The clerk of the planning commission shall mail a copy of said notice to the owners of property as follows:

1.    Within the corporate limits of the city of Ketchikan, Alaska, owners of property located 600 feet from any point on the outside perimeter of the property for which a variance has been requested;

2.    Outside the corporate limits of the city of Ketchikan, Alaska, owners of property located 1,200 feet from any point on the outside perimeter of the property for which the variance has been requested; and

3.    The owner or owners of the property for which the variance has been requested.

Such notifications are complete upon publication and upon mailing.

c.    From the time of filing such application until the time of such hearing, the application, together with all plans and data submitted, shall be available for public inspection in the office of the administrative official.

d.    The planning commission shall hear and consider evidence and facts from any person at the public hearing or written communication from any person relative to the matter.

e.    The decision of the planning commission and the reasons therefor shall be entered into the record of the commission. Notice of such decision shall be given to the applicant by certified mail within five days after the date of the decision.

f.    Any variance approved by the planning commission shall be conditional upon the privilege granted being utilized within six months after the effective date of the variance.

(6)    Conditions. Major variances may be granted with conditions to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purpose of this title. The effective date or duration of a variance may be limited by the planning commission through a condition of approval.

(7)    Appeals to the Board of Adjustment.

a.    Any party with ownership or possessory interest in property located within the borough may file with the board of adjustment an appeal of the granting or denial of the application for said variance by the planning commission. All such appeals shall be filed with the clerk of the board of adjustment within 15 days of the date of the said granting or denial.

b.    All appeals to the board of adjustment shall follow, to the extent applicable, the procedure as set forth in KGBC 18.55.070. [Ord. No. 1827, §22, 4-3-17; Ord. No. 1726, §1, 8-4-14.]

18.55.050 Conditional use permits.

(a)    Purpose. A conditional use permit, issued hereunder, is a device which gives flexibility to the zoning ordinance in a uniform and controlled manner. It permits inclusion, in zones where it is permitted by the zoning ordinance (of which this chapter is part), of uses which are basically desirable to the community, but where the nature of the use will not permit its location at every location in the said zones without restrictions and conditions designed to fit the special problems which the use presents. A conditional use permit allows a landowner to put his property to a use which the zoning ordinance expressly permits: It does not allow a landowner to use his property in a manner forbidden by the zoning ordinance.

(b)    Standards. As express conditions precedent to the granting of any conditional use permit, a majority of the planning commission members (not merely a majority of the members present), after a public hearing, must find in writing that:

(1)    The requested conditional use is reasonably necessary for the public health, safety, and general welfare; and

(2)    The requested conditional use will not permanently or substantially injure the lawful use of neighboring uses; and

(3)    The requested conditional use will generally be in harmony with the comprehensive plan; and

(4)    The requested conditional use is a conditional use expressly permitted by the zoning ordinance in the zone in which the conditional use permit is requested.

(c)    Restrictions and Conditions. In granting a conditional use permit, the planning commission may, in order to assure compliance with the foregoing standards:

(1)    Require and attach to the conditional use permit conditions which are more restrictive and in excess of the dimensional standards for the zone in which the conditional use is proposed;

(2)    Require and attach to the conditional use permit time limits for some or all conditions of the conditional use permit;

(3)    Require and attach to the conditional use permit conditions which include, among other things, setback requirements in excess of those elsewhere required, suitable landscaping, adequate and lawful water and sewage facilities, adequate and lawful parking, adequate and lawful curb cuts and traffic movement, and other conditions which will uphold the spirit and intent of the zoning ordinance, the comprehensive plan, and the harmony and beneficial use of neighboring uses. The planning commission may also require an agreement and performance bond to insure compliance with said restrictions and conditions.

(d)    Issuance or Denial of Conditional Use Permit – Finding of Fact. In passing upon an application for a conditional use permit, the planning commission shall, after notice and hearing as hereinafter provided, from the evidence presented to it, make written findings of fact in a formal resolution of the planning commission, which findings of fact support the standards set forth above (in the case where a conditional use permit is granted) or which findings of fact show that the said evidence does not support the said standards (in the case where a conditional use permit is not granted). Such resolutions shall be permanently retained by the planning commission.

(e)    Application for a Conditional Use Permit.

(1)    An application for a conditional use permit shall be made upon a form approved by the planning commission and shall state the conditional use requested and the proposed means whereby the above-described standards may be met and complied with. The planning commission may require, as a part of said application, a specific detailed site plan as well as additional drawings and other information necessary to illustrate the impact of the proposed conditional use. When the planning director has determined that the said application meets the requirements of this chapter, he shall forward the completed application to the planning commission for its determination, and in any event he should do so within 10 days.

(2)    Shopping Centers. In addition to the required submittals in subsection (e)(1) of this section, the applicant must submit the following:

a.    A complete and detailed site plan of the proposed development, including a general description of the goods and services which the development would offer for sale;

b.    A description of any additional developments which the applicant intends to or reasonably anticipates in conjunction with or subsequent to the proposed development on the same or adjoining parcels;

c.    A traffic impact analysis and detailed transportation management plan which describes the projected traffic impact of the proposed project, including average daily and peak hour volumes, sight distances, street capacity, Transportation Research Board Highway Capacity Manual (1994) (HCM) level of service, number and location of driveways and intersections, average and peak speeds, pedestrian movement, and traffic controls required to meet HCM service level C or better on affected streets;

d.    An estimate of the number and types of jobs to be created by the project;

e.    A detailed description of the project’s public service and utility requirements including water supply, sewage and solid waste disposal, electrical, cable, telephone and emergency services;

f.    A projection of local sales and property tax revenue the project is expected to generate assuming current tax structures and rates remain in effect;

g.    The developer shall also provide a report addressing the development’s anticipated impacts on the following:

1.    Outstanding bonds and publicly financed projects;

2.    The cost of public services and public revenue provided through taxes or other income.

(3)    Mobile Buildings.

a.    Any property owner who desires to obtain a permit from the planning commission for the construction, management or operation of a mobile building park, mobile building sales lot, travel trailer park, mobile building on a residential lot, for the use of mobile buildings as temporary shelters on construction sites, or as office, commercial or watchman’s quarters on nonresidential lots shall file an application for a conditional use permit with the designated planning official.

b.    All applications filed must contain:

1.    A legal description, area and dimensions of the tract of land proposed for use;

2.    A description of the existing use of all the land within 100 feet of the tract proposed for use;

3.    The name of the applicant and a designation of the address at which the applicant will receive the notices provided for in this title;

4.    Size, make and year of manufacture of the mobile building, except in the cases of mobile building parks, mobile building sales lots and travel trailer parks;

5.    Location on the lot of the mobile building accessory structures and appurtenances, including water and sewer facilities.

c.    Applications for a mobile building park or travel trailer park must combine the following additional information:

1.    The number, location and size of all mobile building spaces, or campsites;

2.    The location, width and surfacing of roadways, off-street parking and walkways;

3.    The location of service buildings and any other proposed structures;

4.    The methods and plans of water supply, surface drainage and sewage disposal;

5.    The size and location of recreation areas;

6.    General landscape and development plans in such detail as will enable the planning commission to determine whether or not the proposed park meets the design requirements of this chapter.

d.    Applications which do not meet the requirements of this section shall not be accepted by the designated planning official.

e.    The designated planning official shall study the application with regard to the extent to which the application meets the design and other requirements specified in this chapter and shall report on this subject to the planning commission.

f.    Commission Action on the Application. The commission shall study the application and shall grant or deny the application for a conditional use permit as specified in this section. The commission’s decision shall be based upon the compliance of the request with the development requirements of this chapter and other pertinent sections of this title.

(4)    Telecommunication Facilities. Conditional use permit applications shall include the following information:

a.    A report from a registered professional engineer which:

1.    Describes the tower height and design, including a cross section and elevation;

2.    Certifies the transmission facility’s compliance with structural and electrical standards;

3.    Describes the tower’s capacity, including the potential numbers and type of antennas or generators that it can accommodate;

4.    Describes the lighting to be placed on the tower if required by the FCC or FAA;

5.    Certifies that the transmission facility will not cause destructive interference with previously established public safety communications systems; and

6.    Describes how the requirements and standards of the ordinance codified in this chapter will be met by the proposed transmission facility and all FCC and FAA regulations are met.

b.    A site plan, including a description of the lot lines, setbacks, location and use of adjacent structures, proposed location of the tower and other facilities, distance between facilities, landscaping, screening, access, parking, and security; and

c.    One of the following:

1.    Written documentation that the applicant made diligent but unsuccessful efforts for permission to install or co-locate the applicant’s telecommunications facilities on existing towers or usable antenna support structures located within a one-half mile radius of the proposed tower site; or

2.    Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person’s tower or usable antenna support structure located within a one-half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant’s communications system.

(5)    Repealed by Ord. 1826.

(6)    Natural Resource Extraction and/or Natural Resource Processing. In addition to other information the administrative official determines necessary to evaluate conformity with the intent of this section, conditional use permit applications shall include the following information:

a.    A site plan of the subject parcel showing:

1.    The limits of extraction or timber harvest;

2.    The egress points for the operation;

3.    The location where processing equipment will be operated;

4.    The location where extracted materials will be stored or stockpiled;

5.    The location of roads to be constructed;

6.    The location of any helicopter landing pads;

7.    The location of existing and proposed buildings;

8.    The location of any streams or drainages and where they will be relocated;

9.    The location of any mitigation measures such as buffers, sediment traps, retention ponds, or noise barriers;

10.    A drainage or excavation plan if necessary.

b.    A map of the subject parcel and surrounding area showing:

1.    Topography;

2.    Land, air, and marine transport corridors to and from the subject parcel;

3.    Uses adjacent to the subject parcel and transport corridors.

c.    A narrative description of the operation to include:

1.    The estimated duration of extraction activities;

2.    The estimated dates activities will occur;

3.    The estimated volume of material to be extracted;

4.    The methods to be used to extract materials;

5.    The methods to be used to process materials;

6.    The estimated duration that stockpiled materials will be removed from the property;

7.    Any state or federal permits needed to conduct the proposed activity.

(7)    Conditional use permit applications for a marijuana business establishment use must include all applicable information required under KGBC 18.55.020(m) and such other information as the planning director may require.

(f)    Public Hearing and Determination. After the planning director has duly forwarded the completed application to the planning commission, the planning commission shall study it and shall, within 30 days after the receipt of said application, hold a public hearing whereat it may receive evidence pertinent to the granting or denial of said application according to the standards set forth in subsection (b) of this section. If, at the said hearing, the planning commission determines that it needs additional information, it may recess said hearing for a period of not more than 30 days, during which time it shall procure or receive such additional information; provided, however, that before it so recesses, it must then and there announce the time and place at which the hearing will be resumed. Within 30 days after the completion of the said hearing, the planning commission shall, in a formal written resolution of the commission, either grant or deny the application, and the planning commission shall make its findings of fact a part thereof in the manner provided above.

(g)    Public Hearing – Notification and Publication.

(1)    The planning commission shall hold a public hearing on conditional use permit applications. Public notice shall be given stating the date, time, place and purpose of hearing. If posted on the Internet, the post shall remain until the date and time set for the hearing. The notice shall generally describe the conditional use sought. The notice shall be published at least 15 days prior to the date of the hearing. The clerk of the planning commission shall mail a copy of said notice to owners of property as follows:

a.    Within the corporate limits of the city of Ketchikan, Alaska, owners of property located 600 feet from any point on the outside perimeter of the property for which a conditional use permit has been requested;

b.    Outside the corporate limits of the city of Ketchikan, Alaska, owners of property located 1,200 feet from any point on the outside perimeter of the property for which the conditional use permit has been requested; and

c.    The owner or owners of the property for which the conditional use permit has been requested.

d.    Such notifications are complete upon publication and upon mailing.

(2)    Said notification shall contain, but not be limited to, the following information:

a.    A notification of a request for a conditional use permit, within the corporate limits of the city of Ketchikan, Alaska, shall contain a legal description of the property and a street address;

b.    A notification of a request for a conditional use permit, outside the corporate limits of the city of Ketchikan, Alaska, shall contain a legal description, U.S. survey and lot number, nearest milepost, and the approximate number of yards or miles from a generally known point-of-reference (landmark, building, etc.).

(h)    Revocation and Cancellation of Permit. Any conditional use permit granted under this chapter may be revoked and canceled by the planning commission for failure to comply with the conditions of the conditional use permit. Before taking any action toward revoking such permit, however, the planning commission shall first give the owner of the property upon which the conditional use is authorized 20 days’ written notice, by prepaid certified U.S. mail, in advance of the date of hearing, of the subject of the hearing, and of the date, time, and place of the hearing. This notice is complete upon mailing. The planning commission shall thereafter hold the said hearing at the time and place set forth in said notice. The permittee may, at said hearing, present evidence on his own behalf and may cross-examine witnesses. After the planning commission has concluded the said hearing, the planning commission shall make written findings of fact from the evidence presented to it at said hearing supporting the conclusion that the permittee has failed to comply with the conditions of the conditional use permit (in cases where the said permit is revoked) or that the permittee has not failed to comply with the conditions of the conditional use permit (in cases where the said permit is not revoked). These findings shall be embodied in a formal written resolution of the planning commission and shall be retained permanently by the planning commission as part of its official records. In all revocation proceedings the burden of proof is upon the planning commission.

(1)    After said conditional use permit has been revoked, the permittee shall thereafter immediately discontinue the use of the said property for which the said permit had originally been granted. If, after a conditional use permit has been revoked, the permittee does not immediately discontinue the use of said property for which the said permit had originally been granted, he is guilty of a violation and, upon conviction thereof, is subject to a fine of not more than $500. Each 30-day period that such violation continues shall be deemed a new and separate violation. In addition, the planning commission may apply to the superior court for an injunction to restrain the former permittee from using said land for the purposes previously authorized in said permit.

(2)    In the event, however, that the permittee duly appeals the revocation of said permit to the board of adjustment, such appeal stays enforcement proceedings unless the board or a court issues an enforcement order based on a certificate of imminent peril to life or property made by the planning commission.

(i)    Recording. The planning commission shall cause to be recorded with the district recorder for the First Judicial District at Ketchikan, Alaska, all conditional use permits granted by said planning commission. It shall also cause to be recorded all resolutions of the said commission revoking any conditional use permits.

(j)    Duration of Conditional Use Permit. A conditional use permit for property within the Ketchikan Gateway Borough, granted by the planning commission, expires one year after the date it was granted unless a building or zoning permit has been issued and the actual construction started and diligently continued to completion. Where unusual circumstances may prevent compliance with the time requirement for start of construction, the planning commission may, upon written request by the affected party, extend, by resolution, the time for required start of construction an additional 60 days; provided the said request be filed with the planning commission prior to the expiration of the said one year. Excavation is not considered to be construction for the purpose of enforcing this chapter.

(1)    Duration of conditional use permits for mobile buildings, mobile building parks, mobile building sales lots, and travel trailer parks;

a.    Mobile buildings on residential lots or as office, commercial or watchman’s quarters on nonresidential lots:

1.    Three years, renewable;

2.    If a mobile building on a residential lot has been put on permanent foundation, a perpetual permit for that specific mobile building may be granted, at the discretion of the planning commission, after the expiration of one three-year conditional use permit.

b.    Mobile building parks, mobile building sales lots and travel trailer parks:

1.    Three years, renewable;

2.    A perpetual permit may be granted for that mobile building use after the expiration of at least two three-year conditional use permits and after an inspection during the last six months of the last three-year permit by the designated planning official for conformance with all the provisions of this title and with all the terms of approval under which the use operates.

c.    Mobile Buildings on Construction Sites. Conditional use permits for mobile buildings on construction sites shall be for one year, renewable subject to reasonable progress on the permanent construction. [Ord. No. 1827, §23, 4-3-17; Ord. No. 1826, §9, 3-20-17; Ord. No. 1802A, §13, 6-20-16; Ord. No. 1726, §1, 8-4-14.]

18.55.060 Zoning map, overlay, and code amendments.

(a)    Intent. 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.

(b)    Procedure for Zoning or Overlay Amendments.

(1)    A rezone or overlay (including the imposition of special limitations or design standards as defined in KGBC 18.05.050(e) and 18.05.200(t) or 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 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.

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

i.    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;

ii.    Reasons for the proposed change and a statement describing the effect of the proposed change on the objectives of the comprehensive plan;

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

4.    For an amendment to the text of the zoning ordinance other than subsection (b)(1)(d)(1) of this section: by petition of any owner of real property within Ketchikan Gateway Borough.

(2)    Any request or petition for a rezone or to change the zoning ordinance text shall be submitted in writing to the planning commission through the designated planning official. No special limitations shall be effective unless specifically agreed to in writing by the owner(s) of the property proposed to be rezoned.

(3)    Planning Commission – Public Hearing, Notification and Publication. Before making any recommendation on a proposed amendment to the zoning ordinance text, a change in zoning, or a creation of an overlay district, 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 text, rezone, or overlay. The notice shall be published at least 15 days prior to the date of the hearing. If posted on the Internet, the post shall remain until the date and time set for the hearing. In the case of a rezone or overlay, the clerk of the planning commission shall mail a copy of said notice to owners of property as shown on the most current assessment records as follows:

a.    Within the corporate limits of the city of Ketchikan, Alaska: owners of property located within 600 feet from any point on the outside perimeter of the property for which the rezone or overlay has been requested;

b.    Outside the corporate limits of the city of Ketchikan, Alaska: owners of property located within 1,200 feet from any point on the outside perimeter of the property for which the rezone or overlay has been requested; and

c.    The owner or owners of the property for which the rezone or overlay has been requested.

d.    Such notifications are complete upon publication and mailing.

(4)    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 or the zoning map;

b.    The effect of a rezone or overlay, if any, on the property and on surrounding properties;

c.    The amount of undeveloped land in the general area affected by an ordinance amendment or zoning map amendment;

d.    The relationship of the proposed amendment to the comprehensive plan with appropriate consideration as to whether the proposed change will further the purposes of the zoning ordinance and 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. Such modifications may include imposing special limitations or design standards (as defined in KGBC 18.05.050(e) and 18.05.200(t)) that restrict structures, or the use of land or structures, to a greater degree than otherwise provided for in the use district restrictions applicable to the property subject to the amendment.

(6)    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.

(7)    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. For a rezone or overlay, notification and publication of the proposed introduction of the ordinance shall be as set forth in subsection (b)(3) 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 computer tape to be updated to reflect the authorized rezone, shall cause a new Mylar sheet to be produced which shall be reviewed by a second designated official to verify that each new Mylar sheet accurately shows and adheres to the authorized rezone. If the new Mylar sheet 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 18.55.060, 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 subject to special limitations shall be designated on the zoning map by the suffix “SL,” and the number of the ordinance applying the special limitations shall be printed on the zoning map within the boundaries of the use district where the property subject to the special limitation is located. Where a special limitation in a zoning map amendment conflicts with any less restrictive provisions of the KGB Code, the special limitation governs.

(c)    Overlay Districts.

(1)    Establishment.

a.    Overlay districts will be established by the assembly by ordinance and shall be entered on the official zoning map by the borough manager or designee in accordance with the provisions of subsection (b)(9) of this section.

b.    Interpretation of Overlay District Boundaries. Where uncertainty exists as to the boundaries of the overlay district, the interpretation will follow the provisions of KGBC 18.15.010.

c.    Application of zone regulations will follow the provisions of KGBC 18.15.020.

d.    Fees, representation on applications, and other administrative elements of an overlay request are the responsibility of the initiators of the proposed overlay district. [Ord. No. 1827, §24, 4-3-17; Ord. No. 1726, §1, 8-4-14.]

18.55.070 Appeals.

(a)    Appeals to Planning Commission (Zoning Permits).

(1)    The owner of the property or any party with ownership or possessory interest in property located in the borough may file with the planning commission an appeal specifying in detail objections to a decision made by a borough administrative official in the enforcement, administration or application of a land use regulation adopted under this title. Grounds for granting such appeal shall be limited to the improper application of law by a borough administrative official. All such appeals shall be filed in writing with the planning director within 10 days of the date of said decision.

(2)    Such appeals to the planning commission shall follow, to the extent applicable, the same procedure as set forth in KGBC 18.55.050(f) and (g), and subsection (e) of this section.

(b)    Appeals to the Planning Commission (Overlay District).

(1)    The owner of the property, a municipal office or any party with ownership or possessory interest in property located within the borough may file with the planning commission an appeal specifying in detail the objections to the grant or denial of a zoning permit application. All such appeals shall be filed in writing with the clerk of the planning commission within 15 days of the date of the said grant or denial of the zoning permit application.

(2)    All appeals will follow, to the extent possible, the procedure as set forth in KGBC 18.55.050(f) and (g), and subsection (e) of this section.

(c)    Appeals to the Planning Commission (HD Zone).

(1)    The owner of the property, a municipal officer or any party with ownership or possessory interest in property located within the borough may file with the planning commission an appeal specifying in detail his objections to the grant or denial of a certificate of approval by the administrative official. All such appeals shall be filed in writing with the clerk of the board of adjustment within 15 days of the date of the said grant or denial of certificate of approval.

(2)    All such appeals to the planning commission shall follow, to the extent applicable, the procedure as set forth in KGBC 18.55.050(f) and (g), and subsection (e) of this section.

(d)    Appeals of Planning Commission Decisions.

(1)    The owner of the property, a municipal officer or any party with ownership or possessory interest in property located within the borough may file with the board of adjustment an appeal specifying in detail his objections to the grant or denial of an application for a conditional use permit. All such appeals shall be filed in writing with the clerk of the board of adjustment within 15 days of the date of said grant or denial.

(2)    All appeals to the board of adjustment shall follow, to the extent applicable, the procedure as set forth in subsection (e) of this section.

(e)    Appeals to the Board of Adjustment.

(1)    The board of adjustment shall hear and decide:

a.    Appeals from decisions of the planning commission regarding administrative decisions of borough employees made in the enforcement, administration or application of a land use regulation adopted under this title.

b.    Appeals from decisions of the planning commission on requests for conditional uses.

c.    Appeals from a decision of the planning commission on a request for a variance from the terms of land use regulations when a literal enforcement would deprive a property owner of rights commonly enjoyed by other properties in the same district. A determination by the planning commission shall be upheld if evidence shows that the variance was granted or denied consistent with the guidelines in KGBC 18.55.040, Variances.

(2)    In exercising the above-mentioned powers, the board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate, and to that end shall have all the powers of the body from whom the appeal is taken.

(3)    Procedure of the Board of Adjustment.

a.    The assembly is the board of adjustment. Meetings of the borough board are held at the call of the presiding officer. The presiding officer may administer oaths and compel attendance of witnesses. Meetings and hearings of the board shall be open to the public, and the board shall keep minutes of its proceedings showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be public records.

b.    The owner of the property, a municipal officer or any party with ownership or possessory interest in property located within the borough may file with the board of adjustment a notice of appeal specifying in detail such person’s objections to the action appealed from. All such appeals shall be filed in writing with the borough clerk, who is the clerk of the board of adjustment, on a form provided by the clerk, and shall contain all of the following information:

1.    Name, address and telephone number of the appellant;

2.    A statement indicating the appellant’s standing in the matter;

3.    A description of the action appealed from, including property descriptions;

4.    A specific and detailed statement of the basis and grounds upon which the appeal is made; and

5.    A statement of the relief sought.

c.    Grounds upon which the board of adjustment may grant an appeal are (1) a procedural error, (2) an error in the application of the pertinent law, (3) lack of evidence to support findings and conclusions, or (4) misrepresentation of a fact.

d.    All appeals shall be filed with the clerk no later than 15 days after the date of the decision; provided, however, if the clerk determines that a notice of appeal filed within such 15-day period is incomplete or lacking in sufficient detail, the clerk notify the appellant in writing at the address indicated in the notice on appeal specifying the deficiencies. The appellant shall have an additional 10 days from the date such notice is mailed to correct such deficiencies by filing a supplement to the notice of appeal correcting such deficiencies or adding additional information. Any appeal filed after the time provided above shall not be considered by the board of adjustment.

e.    Upon such notice of appeal having been duly filed, the clerk shall thereupon send a certified copy thereof to the zoning administrator, the planning commission secretary and the planning commission, together with a written request for all pertinent records and transcripts, including the written decision and/or resolution of the planning commission granting or denying the said application. The zoning administrator and planning commission secretary shall, within seven days after having received said certified copy of the appeal and request, certify and deliver said records, transcripts and documents to the clerk of the board of adjustment.

f.    An appeal to the board stays enforcement proceedings unless the board or a court issues an enforcement order based on a certificate of imminent peril to life or property made by the enforcement officer.

g.    The board of adjustment shall hear and decide appeals on the record established by the planning commission considering all pertinent records, transcripts, documents, testimony or other evidence certified to it by the zoning administrator and the planning commission secretary. The board of adjustment shall consider at a public meeting all appeals not later than 30 days following the date the certified record specified in subsection (e)(3)(e) of this section is delivered to the clerk of the board of adjustment; provided, however, the date for the public meeting may be continued for a period not to exceed an aggregate total of 30 additional days as follows:

1.    By the clerk upon the clerk’s determination there is a lack of a quorum, or upon receipt by the clerk of a written request from the appellant not less than three days prior to the scheduled meeting; or

2.    By the board for purposes of securing additional information, or upon written request for a continuance by the appellant, or for other reasons.

h.    At least 10 days’ notice of the time and place of the public meeting shall be published. If posted on the Internet, the post shall remain until the date and time set for the hearing. In addition, at least 10 days’ written notice of the time and place of said public meeting shall be given to the appellant(s) and affected property owners or possessors, as such is determined within this title.

i.    The board of adjustment, after having received and considered the said appeal, the certified records, transcripts and documents, at a duly held appeal hearing, shall forthwith render a decision as set forth in subsection (e)(2) of this section. The board of adjustment may provide an opportunity to hear a limited summary of the appeal and may question the appellant, the property owner and the planning commission’s representative about the appeal; however, evidence not previously before the planning commission will not be heard or made a part of the board of adjustment record. The decisions of the board of adjustment shall be by motion and the vote shall be taken by roll call. A majority vote in the affirmative by the members present at a hearing in which a quorum is present adopts any motion. Following adoption of the motion, the members voting on the prevailing side of the motion shall, with the presiding officer, develop formal specific findings of fact which support the decision and which shall be deemed part of the final decision and permanently entered in the record of the appeal proceedings.

j.    The adoption of the motion constitutes the final decision of the board of adjustment, and the date of the adoption of the motion constitutes the date of the final decision of the board of adjustment. The clerk of the board of adjustment shall, not later than 10 days of the date of the final decision, certify said motion to the zoning administrator, planning commission secretary and planning commission. In addition, a certified copy of the motion shall immediately be mailed to the appellant(s) by certified mail, return receipt requested. The appellant shall be informed of his further right of appeal as set forth in subsection (e)(4) of this section.

k.    If the board of adjustment fails within 30 days after the date on which the hearing of the appeal is closed, to affirmatively reverse, affirm, modify or remand the decision of the planning commission, the decision of the administrative official or planning commission shall be deemed to be upheld and affirmed.

(4)    Judicial Review. The owner of the property, a municipal officer or any party with ownership or possessory interest in property located within the borough may appeal an action of the board of adjustment to the superior court in the manner provided by Rule 602 of the Rules of Appellate Procedure of the State of Alaska. [Ord. No. 1827, §25, 4-3-17; Ord. No. 1726, §1, 8-4-14.]

18.55.080 Enforcement.

(a)    Complaints Regarding Violations. Whenever a violation occurs, any person may file a complaint in regard thereto. All such complaints shall be brought to the attention of the zoning official, who shall record such complaint and immediately investigate and report thereon to the borough manager.

(b)    Penalties for Violations. For any and every violation of the provisions of this title, the owner, agent or contractor of a building or premises where such violations have been committed or shall exist, or any other person who maintains any building or premises in which any violation shall exist, shall be guilty of a violation and upon conviction thereof shall be fined not more than $500. Each and every day that such violation continues shall be deemed a separate and distinct violation. Any building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of this title shall be declared to be unlawful and a public nuisance, and the borough manager shall immediately commence action for the removal thereof, in the manner provided by law, and shall apply to such court or courts as may have jurisdiction to remove such building, structure or use. All remedies provided for herein shall be cumulative and not exclusive. [Ord. No. 1826, §10, 3-20-17; Ord. No. 1726, §1, 8-4-14.]

18.55.090 Fees.

(a)    Fees. Application fees for zoning permits, variances, conditional use permits and appeals to the board of adjustment shall be as provided for in KGBC 2.105.030. [Ord. No. 1726, §1, 8-4-14.]

18.55.100 Waiver or reduction for seasonal employees.

(a)    Parking requirements otherwise required by this title may be reduced or waived by the planning commission if the following conditions are found to exist:

(1)    The parking requirements are associated with the expansion of employment which is seasonal and limited in duration to not more than five months during any calendar year; and

(2)    The need for additional parking otherwise required by this chapter is alleviated by:

a.    The availability or provision of housing either on site or within a reasonable proximity of the place of employment to the extent that automobile transportation is not needed;

b.    The provision of alternate transportation by the employer, including but not limited to passes on a scheduled bus service, van or carpooling, or other mass transit service;

c.    The provision of secured and covered bicycle storage areas; or

d.    A binding commitment to participate in the public development of an appropriate number of parking spaces in an off-street parking area programmed for construction within three years of granting of a waiver or reduction. [Ord. No. 1726, §1, 8-4-14.]