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KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

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<strong>KETCHIKAN</strong> <strong>GATEWAY</strong> <strong>BOROUGH</strong> CODE 18.165.010Chapter 18.165ASPHALT AND CONCRETE BATCH PLANTSSections:18.165.010 Conditional uses – Special provisions for hot-mix asphalt plants and concrete batch plants, relatedmachinery and materials, and stockpiling and storage of related materials and machinery.O.B.A. – Effectiveness of Ord. No. 127 without planning and zoning report, 73-14.18.165.010 Conditional uses – Special provisions for hot-mix asphalt plants and concrete batch plants,related machinery and materials, and stockpiling and storage of related materials andmachinery.(a) Hot-mix asphalt plants and concrete batch plants may be temporarily erected and used in any district, and inconjunction therewith may be stored and stockpiled, for a period not to exceed twelve (12) months, if such aconditional use is duly authorized by the planning commission, or a permit for an additional twelve (12)months or a construction season if approved by the planning and zoning commission, under the following conditions:(1) The machinery and equipment proposed to be used meets the requirements and standards of the StateDepartment of Environmental Conservation, and the several agencies and departments of the UnitedStates of America having jurisdiction thereover;(2) Such machinery and equipment is used and operated in such a manner as to comply with the requirementsand standards of the State Department of Environmental Conservation, the several agencies and departmentsof the United States of America having jurisdiction thereover, other state or local requirements andstandards, the provisions of state law and city and borough ordinances and the common law of the state;(3) Such conditional use is compatible with the use to which adjacent property or properties are being put atthe time of the application for such conditional use;(4) The applicant requesting such a conditional use supplies to the planning commission a bond in the penalamount of ten thousand dollars ($10,000), written by an agent duly authorized to write such bonds in thestate, in a form satisfactory to the borough attorney, conditioned as hereinabove provided.(b)Appeals to the Board of Adjustment.(1) 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 hisobjections to the grant or denial of a conditional use permit under this section. All such appeals shall befiled in writing with the clerk of the board of adjustment within fifteen (15) days of the date of said grantor denial.(2) All appeals to the board of adjustment shall follow, to the extent applicable, the procedure as set forth inKGBC 18.05.090. [Ord. No. 792, §5, 6-3-91; Ord. No. 327, §§7, 8, 3-19-79; Ord. No. 127A, §1, 4-16-73.Code 1974 §60.10.115.]18-113

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