§ 21.44.040. Formation requirements.

A.

Except as otherwise provided, the minimum area that may be included in an LOZD is 12 lots. At least 30 percent of the lots within a proposed R-W district must be waterfront lots. Lots in an LOZD must be contiguous and separated only by a street, alley, right-of-way, or easement. The Planning Department shall create a proposed local option zoning map for a proposed district based on land use, location, access, soils, topography, availability of utilities, encumbrances and permits.

B.

An LOZD formed under KPB 21.44.030(A) requires an application signed by the record owners of at least six lots within the proposed LOZD. The applicants shall be owners of parcels proposed for regulation, except that the Kenai Peninsula Borough may not be a signatory on such an application unless it is the sole owner of all lots within the LOZD. The formation of the LOZD may include portions of subdivisions. The application shall:

1.

show opposite each signature of an applicant lot owner, a street address if available and adequate legal description of the property owned,

2.

set forth whether the district will form a R-1, R-2, R-R, R-W, R-M or C-3 zone, and

3.

include a map of the proposed LOZD area.

C.

The planning department shall hold a meeting in a public facility regarding the application. After considering the standards set forth in KPB 21.44.010(A) and land attributes set forth in KPB 21.44.040(A) the planning department shall make a recommendation to the planning commission and assembly regarding the formation and boundaries of the proposed LOZD. The date of introduction for assembly consideration of the LOZD shall be within 90 days after filing the completed application with the planning department.

D.

The date of application shall be the date for determining whether a proposed LOZD meets the formation requirements set forth in this section. If there is an approved preliminary plat within the area of the proposed LOZD that does not meet the formation requirements for the type of LOZD proposed the area may not be included in the LOZD.

E.

The owner of a parcel contiguous to a proposed LOZD which is larger than the maximum allowed lot size within the LOZD may request that the borough include the parcel in the LOZD.

(Ord. No. 2016-03 (Sub.) , § 1, 5-3-16; Ord. No. 2010-23, § 2, 6-22-10; Ord. No. 2000-02, § 2, 5-16-00)