(A) Procedure authorized. Boundaries of zoning districts established by this chapter and as shown on the City of Unalaska Official Zoning, Streets, and Highway Map, text in this chapter, or the classification of property uses therein, may be amended, reclassified, or altered whenever required by public necessity and convenience and general welfare.
(B) Action initiation. Amendments to the City of Unalaska Official Zoning, Streets, and Highway Map or amendments to the text of the Zoning Ordinance may be initiated by the Department of Planning, by the Planning Commission, by the City Council, or by a petition of landowner(s) as defined in 8.06.020(A)(59), “Landowner.”
(1) Written application. A petition of the landowner(s) shall be in the form of an application provided by the Department of Planning for change of land use classification and shall be duly signed and acknowledged by the owner(s) of record (also referred to herein as “the applicant”) and shall be filed with the Department of Planning. The petition of the landowner(s) shall bear the signatures of not less than 51% of the landowners lying within the area of the proposed zone change. The applicant shall be informed by the Department of Planning of the time and place of the next regular meeting of the Planning Commission at which the application will be considered.
(2) Submittal/timing.
(a) The application must be received at least 22 days prior to the next regular meeting of the Planning Commission.
(b) The Department of Planning will provide an examination of the City of Unalaska Real Property Tax Roll indicating that the signatures of owner(s) on the application form are in fact the latest owner(s) of record of the land lying within the area of the proposed zone change.
(C) Public hearing. Upon the filing of any such application, the Planning Commission shall hold at least one public hearing on the application. Notice of the Public Hearing shall be given not less than 10 days prior to the public hearing in the following manner:
(1) The Department of Planning will mail the notice of public hearing to all landowners of record within 300 feet of the proposed zone change area as shown on the City of Unalaska Real Property Tax Roll; and
(2) The Department of Planning will post at least two copies of this notice, printed or written, in a conspicuous place not less than 10 days prior to the date of the hearing.
At public hearing, the Planning Commission shall determine if any application for a zone change is reasonable, in the public interest, and in conformance with the goals and objectives of the Comprehensive Plan, and make recommendations to the City Council.
(D) Board of final authority for changes in zoning ordinance or City of Unalaska Official Zoning, Streets, and Highway Map. The Department of Planning shall submit to the City Council a copy of any recommended zone to be established or changed in the City of Unalaska Official Zoning, Streets, and Highway Map, or amendment to the text of Chapter 8.12 not later than 15 working days following the action by the Planning Commission.
(1) Upon receipt of the recommendation, the City Council shall set the date for a public hearing where it may by ordinance adopt, or reject, or modify the proposed zone change or text amendment. Upon receipt of the recommendation, the City Council shall hold at least one public hearing on the proposed amendment. Notice of the Public Hearing shall be given not less than 10 days prior to the public hearing in the following manner:
(a) The Department of Planning will mail the notice of public hearing to all landowners of record within 300 feet of the proposed zone change area as shown on the City of Unalaska Real Property Tax Roll; and
(b) The City Clerk will post at least two copies of this notice, printed or written, in a conspicuous place not less than ten days prior to the date of the hearing.
(2) Action of the City Council. At the public hearing, the City Council may accept the recommendation of the Planning Commission, reject the recommendation of the Planning Commission, or approve a modification to the recommendation of the Planning Commission.
(3) Decision of City Council. The decision of the City Council shall become final and effective after the decision is rendered. No permits shall be issued concerning the land in question until the decision becomes final. A decision of the City Council may be appealed to the Superior Court within 30 days.
(E) Reapplication. No request for a zoning amendment shall be considered by the Planning Commission within the twelve-month period immediately following a previous denial of such request, except that the Director of Planning may consent to a new hearing, if in the opinion of the Director of Planning new evidence or a change of circumstances warrant it.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05; Am. Ord. 2014-19, passed 10-28-14)