"A Request to Revoke the City of Kenai's Zoning Power" - - PDF document

PRESENTATION WITH PRIOR NOTICE

(10 minutes)

"A Request to Revoke the City of Kenai's Zoning Power" Presented By: Charles Winegarden

• Sec. 29.40.010.

ALASKA STATUTES

• Sec. 29.40.030.

Chapter 40. Planning, Platting, and Land Use Regulation. Section

• 010. Planning, platting, and
• 110. Plat procedure

land use regulation

• 120. Alteration or replat
• 020. Planning commission

petition

• 030. Comprehensive plan
• 130. Notice of

hearing

• 040. Land use regulation
• 140. Hearing and
• 050. Appeals from administrative

determination decisions

• ISO. Recording
• 060. Judicial review
• 160. Title to vacated area
• 070. Platting regulation
• 170. Delegations
• 080. Platting authority
• 180. Prohibited acts; criminal penalties
• 090. Abbreviated plats and waivers
• 190. Civil remedies and penalties

100. Information required

• 200. Subdivisions of state land
• ---.~
• Sec. 29.40.010. Planning, platting, and land use regulation. (a) A first or second class

borough shall provide for planning, platting, and land use regulation on an areawide basis. (b) If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its powers and duties under this chapter to the city. The assembly may by ordinance, without first

• btaining the consent ofthe city, revoke any power or duty delegated under this section. (§ II ch 74

SLA 1985)

• Sec. 29.40.020. Planning commission. (a) Each first and second class borough shall establish a

planning commission consisting of five residents unless a greater' number is required by ordinance. Commission membership shall be apportioned so that the number of members from home rule and first class cities reflects the proportion of borough population residing in home rule and first class cities located in the borough. A member shall be appointed by the borough mayor for a term ofthree years subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. Members first appointed shall draw lots for one, two, and three year terms. Appointments to fill vacancies are for the unexpired term. The compensation and expenses of the planning commission and its staff are paid as directed by the assembly. (b) In addition to the duties prescribed by ordinance, the planning commission shall (I) prepare and submit to the assembly a proposed comprehensive 'plan in accordance with AS 29.40.030 for the systematic and organized development of the borough; (2) review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040. (§ II ch 74 SLA 1985)

• Sec. 29.40.030. Comprehensive plan. (a) The comprehensive plan is a compilation of policy

statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the first or second class borough, and may include, but is not limited to, the following: (1) statements of policies, goals, and 'standards; (2) a land use plan; (3) a community facilities plan; (4) a transportation plan; and 105

Introduced by:

Mayor

Date:

May 8, 1984

Hearing: June 5, 1984 Vote:

Unanimous

Action: Enacted

KENAI PENINSULA BOROUGH ORDINANCE 84-40 DELEGATING TO THE CITY OF KENAI THE

POWER TO

PROVIDE ZONING REGULATION WITHIN THE CITY, AND REPEALING KPB 21.76. WHEREAS,

under the authority of AS 29.33.070(b) (2), the Kenai Peninsula Borough has enacted KPB 21.01.020 providing that the Assembly will delegate power to provide zoning regulations in a city if requested by resolution of the city council; and

WHEREAS,

the City of Kenai. has adopted Resolution 84-1 requesting that the Kenai Peninsula Borough Assembly delegate to the City of Kenai the power to provide zoning regulation within the city; and

WHEREAS,

the City of Kenai has adopted Ordinance 925 -84

which, creates Title 14.20 in the Kenai City Code of Ordinances

to regulate zoning within the City of Kenai; and

WHEREAS, the provisions of KPB 21.76 providing for regula-

tion of zoning within the City of Kenai will not be required for that purpose after the delegation of zoning power to the City of .

Kenai;

NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI

PENINSULA BOROUGH:

Section 1. That pursuant to the authority contained in AS

29~33.070(b)(Z),

the Kenai Peninsula Borough Assembly hereby delegates to the City of Kenai the zoning powers conferred the

Kenai Peninsula Borough by AS 29.33.

Section 2. That KPB 21.76 is hereby repealed. Section 3. That this ordinance shall take effect at 12:01

a.m. on July 1, 1984.

ENACTED BY THE ASSEMBLY OF

PENINSULA BOROUGH ON THIS

5

DAY OF June

• -.;.."";,,,----+--+-

ATTEST: