KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

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KETCHIKAN GATEWAY BOROUGH CODE 18.05.080b. If the improvements comply with the approved permit, the zoning official shall indicate in writingand notify the applicant.c. If improvements do not conform to the approved permit, the zoning official shall cause the applicantto amend the permit; provided, that the improvements otherwise conform to the requirements of thistitle.d. 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 theproperty an order requiring the applicant to cease the construction of improvements and remove ormodify the improvements as necessary to provide for compliance with this title.(9) Duration of a Zoning Permit. A zoning permit for property within the Ketchikan Gateway Borough, onceissued, expires two (2) 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, remodelingor reconstruction). Where unusual circumstances may prevent compliance with the time requirement forstart of construction, the borough may, upon written request by the affected party, extend the time forrequired start of construction an additional six (6) months; provided the said request be filed in writingwith the borough planning department prior to the expiration of the said two (2) years. Excavation is notconsidered to be construction for the purpose of enforcing this section.(c)(d)(e)Complaints Regarding Violations. Whenever a violation occurs, any person may file a complaint in regardthereto. All such complaints shall be brought to the attention of the zoning official, who shall record such complaintand immediately investigate and report thereon to the borough manager.Penalties for Violations. For any and every violation of the provisions of this title, the owner, agent or contractorof a building or premises where such violations have been committed or shall exist, or any other personwho maintains any building or premises in which any violation shall exist, shall be guilty of a violation andupon conviction thereof shall be fined not more than five hundred dollars ($500.00). Each and every day thatsuch 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 bedeclared to be unlawful and a public nuisance, and the borough manager shall immediately commence actionfor the removal thereof, in the manner provided by law, and shall apply to such court or courts as may havejurisdiction to remove such building, structure or use. All remedies provided for herein shall be cumulativeand not exclusive.Appeal to Planning Commission.(1) The owner of the property or any party with ownership or possessory interest in property located in theborough may file with the planning commission an appeal specifying in detail objections to a decisionmade by a borough administrative official in the enforcement, administration or application of a land useregulation adopted under this title. Grounds for granting such appeal shall be limited to the improperapplication of law by a borough administrative official. All such appeals shall be filed in writing with theplanning director within ten (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 setforth in KGBC 18.155.060, 18.155.070, and 18.155.090.(f)Fees. Application fees for zoning permits and appeals to the board of adjustment shall be as provided for inKGBC 2.105.030. [Ord. No. 1607, §18, 10-3-11; Ord. No. 1523, §1, 06-15-09; Ord. No. 1261, §1, 11-17-03;Ord. No. 1169, §1, 02-20-01; Ord. No. 928, §1, 3-7-94; Ord. No. 814, §1, 6-3-91; Ord. No. 792, §3, 6-3-91;Ord. No. 671, §5, 12-5-88; Ord. No. 327, §4, 3-19-79; Ord. No. 228, §§1, 2, 11-15-76. Code 1974 §60.10.105;Code 1969 §49.15.200.]18-19
18.05.090 GENERAL PROVISIONS18.05.090 Board of adjustment (appeals).(a) The board of adjustment shall hear and decide:(1) Appeals from decisions of the planning commission regarding administrative decisions of boroughemployees made in the enforcement, administration or application of a land use regulation adopted underthis title.(2) Appeals from decisions of the planning commission on requests for conditional uses.(3) Appeals from a decision of the planning commission on a request for a variance from the terms of landuse regulations when a literal enforcement would deprive a property owner of rights commonly enjoyedby other properties in the same district. A determination by the planning commission shall be upheld ifevidence shows that the variance was granted or denied consistent with the guidelines in KGBC18.150.030.(b)(c)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 thebody from whom the appeal is taken.Procedure of the Board of Adjustment.(1) The assembly is the board of adjustment. Meetings of the borough board are held at the call of the presidingofficer. The presiding officer may administer oaths and compel attendance of witnesses. Meetingsand hearings of the board shall be open to the public, and the board shall keep minutes of its proceedingsshowing its decision, the reasons for its decision, and the vote of each member upon each question. Saidminutes shall be public records.(2) The owner of the property, a municipal officer or any party with ownership or possessory interest in propertylocated within the borough may file with the board of adjustment a notice of appeal specifying indetail such person’s objections to the action appealed from. All such appeals shall be filed in writing withthe borough clerk, who is the clerk of the board of adjustment, on a form provided by the clerk, and shallcontain all of the following information:a. Name, address and telephone number of the appellant;b. A statement indicating the appellant’s standing in the matter;c. A description of the action appealed from, including property descriptions;d. A specific and detailed statement of the basis and grounds upon which the appeal is made; ande. A statement of the relief sought.Grounds upon which the board of adjustment may grant an appeal are (1) a procedural error, (2) an errorin the application of the pertinent law, (3) lack of evidence to support findings and conclusions, or (4)misrepresentation of a fact.All appeals shall be filed with the clerk no later than fifteen (15) days after the date of the decision; provided,however, if the clerk determines that a notice of appeal filed within such fifteen (15) day period isincomplete or lacking in sufficient detail, the clerk notify the appellant in writing at the address indicatedin the notice on appeal specifying the deficiencies. The appellant shall have an additional ten (10) daysfrom the date such notice is mailed to correct such deficiencies by filing a supplement to the notice ofappeal correcting such deficiencies or adding additional information. Any appeal filed after the time providedabove shall not be considered by the board of adjustment.18-20
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KETCHIKAN GATEWAY BOROUGHPLANNING C
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3ACKNOWLEDGMENTSThis work has been
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Upon roll call the vote on the MOTI
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K E T C H I K A N G A T E W A Y B O
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K E T C H I K A N G A T E W A Y B O
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Part I.GENERAL INFORMATIONMeeting D
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that exceeds one story in height, b
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B. APPLICATION
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Option B - exceeds height, but not
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C. MAPS
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Owner_Name Address CITY STATEZIPBER
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PLANNING COMMISSION DOCKETMeeting D
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TABLE OF CONTENTSPrefaceTable of Re
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KETCHIKAN GATEWAY BOROUGH CODE 17.0
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