A. Applicability of this section. The procedures and proceedings for special condition or variance under this chapter and Chapter 13.05, conditional use, other special design zones, zone changes, nonconforming uses and other similar permits and to all contested cases arising under this chapter and in Chapter 13.05.
B. Definitions. As used in this chapter, unless the context requires otherwise:
Contested case: means a proceeding in which the legal rights, duties or privileges of specific parties under general rules or policies provided under the municipal code, or any ordinance, rule or regulation adopted pursuant thereto, are required to be determined only after a hearing at which specific parties are entitled to appear and be heard;
Hearing: means a quasi-judicial hearing, authorized or required by the ordinances and regulations of the city as adopted:
1. to determine in accordance with such ordinances and regulations if a permit shall be granted or denied; or
2. to determine a contested case.
Hearings Board: means a planning and zoning commission appointed or designated by the city mayor;
Permit: means authority or approval of a proposed use of land for which approval is a matter if discretion and is required pursuant to any ordinance, rule or regulation adopted pursuant thereto, and the term includes, but is not limited to, conditional use, special exceptions, variance, special design zone, zone changes and other similar land use proposals.
C. Filing procedure. All applications and notices shall be filed with the city clerk including appeals.
D. Hearing on application. Within 60 days after the filing of an application for a permit as hereinabove defined, the planning commission shall hold a public hearing thereon pursuant to notice as hereinafter provided before rendering a decision.
E. Notice of hearing. Notice of any hearing before the planning commission shall be given not less than 10 days nor more than 20 days prior to the hearing, as follows:
1. Application for conditional use permit, special exception, variance and uses other than zone changes:
a. by mail to applicant for permit;
b. by mail to parties to contest involving permit;
c. by publication in three standard locations within the city limits.
2. Application for zone change, special design zone or amendments to the text or to the zoning map: Notice to be given in accordance with § 13.06.050 C.
Failure of any person to receive a notice shall not invalidate any proceeding in connection with the application.
F. Planning commission.
1. Whenever the planning commission is directed by the city council to conduct a hearing on an application for a permit or with respect to a contested case after notice of hearing as in this chapter provided, the planning commission shall conduct a hearing and make findings:
a. in favor of or against the application;
b. recommending approval or denial of application for permit;
c. determining contested case.
2. The application shall not be approved unless the proposed use of land would be in compliance with the comprehensive plan for the city. The approval may include such conditions as are authorized by this title and any ordinances, rules or regulations adopted pursuant thereto and necessary to carry out the Comprehensive Plan of the city.
3. If application for permit is denied, the application shall not be submitted again until at least six months after the date of the final action denying the application.
G. Hearing procedures. Pursuant to the laws of Alaska and King Cove, the municipal code shall apply to all hearings on request for permits as herein defined, including zoning, contested cases and other land use matters.
1. General procedure.
a. The presiding officer (chairman of the planning commission, mayor or acting official of the city shall call the hearing to order at the appointed time and place and clearly state the purposes of the hearing, the issues to be heard and the procedures to be followed.
b. A statement of background facts should be given by either the presiding officer or a staff officer.
c. Time limitation and witnesses. To the extent practicable and depending upon the nature of the matter being heard, the presiding officer should declare an equal time limitation applicable to each side of the issue and requiring adherence to such limitations.
d. Each speaker should be required to assume a witness stand or position where all persons in the assembly can hear and observe the witness and participants should be required to direct all communications to the hearing body and cross-examining statements and commentaries between participants or members of the audience should be precluded.
e. Any exhibit intended to become a part of the record, whether offered by a proponent, opponent or the city, should be identified by suitable mark and numbered in the order as presented, and should be available for examination or cross- examination by any of the parties during the hearing. Upon conclusion of the hearing or continuance thereof, all such documents should be delivered to the custody of the secretary of the planning commission or to the city clerk or other clerk of the hearing for preservation as part of the record of the proceedings.
2. Presentation by the applicant or chief proponent of documentary evidence and testimony, or statement of advocacy should be required.
a. Cross-examination of each oral witness or of documented evidence should be permitted at the time such evidence is adduced. All questions should be propounded to the presiding officer of the hearing body who in turn will either direct or relay the question to the witness.
b. Argumentative questions and commentaries by cross examiners should be strictly controlled and all questions and answers should be restricted to the relevant issues.
3. Presentation of opposing evidence, oral and documentary, should be invited.
a. Cross-examination of each oral witness or of documented evidence should be permitted at the time such evidence is adduced. All questions should be propounded to the presiding officer of the hearing body who in turn will either direct or relay the question to the witness.
b. Argumentative questions and commentaries by cross-examiners should be strictly controlled and all questions and answers should be restricted to the relevant issues.
4. Presentation of staff position and recommendations, if any, may be permitted on objective basis.
a. Cross-examination of staff evidence on behalf of proponent and opponent should be permitted at the time such evidence is adduced. All questions should be propounded to the presiding officer of the hearing body who in turn will either direct or relay the question to the witness.
b. Argumentative questions and commentaries by cross-examiners should be strictly controlled and all questions and answers should be restricted to pertinent and relevant matters.
5. Determination of issue.
a. Deliberation by hearing body or hearing officer and/or continuance of deliberations to a later meeting.
b. Findings may be announced at the conclusion of the hearing or be thereafter prepared and submitted at a later time.
c. Decision of hearing body or hearing officer may be rendered orally but confirmed by ordinance or resolution as may be applicable, with copy of findings and decision thereon made available to applicant or chief proponent. Copy of findings and determination available upon request to others.
6. Record of proceedings.
a. The city clerk, or other designated person, to the planning commission, shall be present at each hearing and shall cause the proceedings to be stenographically or electronically recorded, and the notes or recorded materials together with all exhibits admitted into evidence shall be preserved as part of the permanent records of the city.
b. The recorded testimony shall be available for transcription if required in connection with any appeals to the city council or for judicial review as may be authorized in the circumstances.
The record thus developed shall be available to the public at reasonable times and under proper circumstances and any person may obtain copies thereof or excerpts therefrom upon payment of the cost of preparation of such record.
H. Recess. The planning commission, or city council may recess any hearing to a later date or reopen a hearing when necessary in its discretion; provided, that upon recessing, the hearing body shall announce the time and date when the hearing will be resumed, and in the event a hearing is proposed to be reopened, notice thereof shall be given to the applicant and to other parties who appeared and presented evidence in the hearing either for or against the proposal.
I. Final approval or disapproval. The hearing body, in connection with allowance of an application for permit, may attach such conditions as may be deemed necessary to protect the interests of the public and to attain the purposes of this title in connection with such proposal.
The final decision of approval, conditional approval or disapproval as determined by the hearing body or hearing officer, if not publicly announced, will be communicated in writing to the applicant, or their designee, if any, by the city clerk as may be applicable. Any interested party may obtain a copy of the determination from the city upon paying the cost of preparation thereof.
(Ord. 81-09 (part), 1981)