KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

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KETCHIKAN GATEWAY BOROUGH CODE 18.155.08018.155.070 Public hearing – Notification and publication.(a) The planning commission shall hold a public hearing on conditional use permit applications. Public noticeshall be given, in a newspaper of general circulation in the borough, stating the date, time, place and purposeof hearing. The notice shall generally describe the conditional use sought. The notice shall be published at leastten (10) days prior to the date of the hearing. The clerk of the planning commission shall also mail a copy ofsaid notice to owners of property as follows:(1) Within the corporate limits of the city of Ketchikan, Alaska, owners of property located six hundred (600)feet from any point on the outside perimeter of the property for which a conditional use permit has beenrequested;(2) Outside the corporate limits of the city of Ketchikan, Alaska, owners of property located one thousandtwo hundred (1,200) feet from any point on the outside perimeter of the property for which the conditionaluse permit has been requested; and(3) The owner or owners of the property for which the conditional use permit has been requested.Such notifications are complete upon publication and upon mailing.(b)Said notification shall contain, but not be limited to, the following information:(1) 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;(2) 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 theapproximate number of yards or miles from a generally known point-of-reference (landmark, building,etc.). [Ord. No. 1622, §5, 4-2-12; Ord. No. 1607, §19, 10-3-11; Ord. No. 792, §4, 6-3-91; Ord. No. 671,§6, 12-5-88; Ord. No. 358, §3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No. 326, §6, 2-20-79; Ord.No. 284, §2, 2-21-78; Ord. No. 279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974 §60.10.110(G); Code 1969 §49.15.210.]18.155.080 Revocation and cancellation of permit.Any conditional use permit granted under this chapter may be revoked and canceled by the planning commissionfor failure to comply with the conditions of the conditional use permit. Before taking any action toward revokingsuch permit, however, the planning commission shall first give the owner of the property upon which the conditionaluse is authorized twenty (20) days’ written notice, by prepaid certified U.S. mail, in advance of the date ofhearing, of the subject of the hearing, and of the date, time, and place of the hearing. This notice is complete uponmailing. 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 theplanning commission has concluded the said hearing, the planning commission shall make written findings of factfrom the evidence presented to it at said hearing supporting the conclusion that the permittee has failed to complywith the conditions of the conditional use permit (in cases where the said permit is revoked) or that the permitteehas not failed to comply with the conditions of the conditional use permit (in cases where the said permit is notrevoked). These findings shall be embodied in a formal written resolution of the planning commission and shall beretained permanently by the planning commission as part of its official records. In all revocation proceedings theburden of proof is upon the planning commission.After said conditional use permit has been revoked, the permittee shall thereafter immediately discontinue the useof the said property for which the said permit had originally been granted. If, after a conditional use permit has beenrevoked, the permittee does not immediately discontinue the use of said property for which the said permit had originallybeen granted, he is guilty of a violation and, upon conviction thereof, is subject to a fine of not more than fivehundred dollars ($500.00). Each thirty (30) day period that such violation continues shall be deemed a new and separateviolation. In addition, the planning commission may apply to the superior court for an injunction to restrainthe former permittee from using said land for the purposes previously authorized in said permit.18-109
18.155.090 CONDITIONAL USESIn the event, however, that the permittee duly appeals the revocation of said permit to the board of adjustment, suchappeal stays enforcement proceedings unless the board or a court issues an enforcement order based on a certificateof imminent peril to life or property made by the planning commission. [Ord. No. 1607, §19, 10-3-11; Ord. No.792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No. 358, §3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No.326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No. 279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No.171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974 §60.10.110(H); Code 1969 §49.15.210.]18.155.090 Appeals to board of adjustment.(a) 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 an appeal specifying in detail his objectionsto the grant or denial of an application for a conditional use permit. All such appeals shall be filed in writingwith the clerk of the board of adjustment within fifteen (15) days of the date of said grant or denial.(b)All appeals to the board of adjustment shall follow, to the extent applicable, the procedure as set forth in KGBC18.05.090. [Ord. No. 1607, §19, 10-3-11; Ord. No. 792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No. 358,§3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No. 326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No.279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974 §60.10.110(I); Code 1969 §49.15.210.]18.155.100 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 allresolutions of the said commission revoking any conditional use permits. [Ord. No. 1607, §19, 10-3-11; Ord. No.792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No. 358, §3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No.326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No. 279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No.171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974 §60.10.110(J); Code 1969 §49.15.210.]18.155.110 Duration of conditional use permit.A conditional use permit for property within the Ketchikan Gateway Borough, granted by the planning commission,expires one (1) year after the date it was granted unless a building or zoning permit has been issued and the actualconstruction started and diligently continued to completion. Where unusual circumstances may prevent compliancewith the time requirement for start of construction, the planning commission may, upon written request by theaffected party, extend, by resolution, the time for required start of construction an additional sixty (60) days; providedthe said request be filed with the planning commission prior to the expiration of the said one (1) year. Excavationis not considered to be construction for the purpose of enforcing this chapter. [Ord. No. 1607, §19, 10-3-11;Ord. No. 792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No. 358, §3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79;Ord. No. 326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No. 279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75;Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974 §60.10.110(K); Code 1969 §49.15.210.]18-110
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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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KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

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