(A) Procedure for taking action on a conditional use application. The procedure for taking action on a conditional use application shall be as follows:
(1) Written application. A written application for a Conditional Use Permit shall be filed with the Department of Planning. Upon filing an application for a Conditional Use Permit with the Department of Planning by a landowner or his/her authorized agent on forms prescribed, the applicant shall be informed of the time and place of the next regular meeting at which the application for conditional use will be considered; and
(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 landowner(s) on the application form are in fact the latest owner(s) of record to be granted the Conditional Use.
(B) 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 conditional use 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.
(C) Findings. At public hearing, the Planning Commission shall determine if any application for a conditional use:
(1) Furthers the goals and objectives of the Comprehensive Development Plan;
(2) Will be compatible with existing and planned land uses in the surrounding neighborhood and with the intent of its use district; and
(3) Will not have a permanent negative impact substantially greater than anticipated from permitted development within the district.
(D) Action of the Planning Commission.
(1) The Planning Commission shall make its decision concerning a Conditional Use application within 30 days after the first public hearing on the Conditional Use application, unless the hearing is continued.
(2) In rendering its decision, the Planning Commission may apply specific site or development conditions as additional safeguards or controls to ensure compatibility with surrounding land use and protection of the public. Such approval will be specifically tied to the site plan submitted with the written application, unless otherwise modified and noted by the Planning Commission.
(3) The Planning Commission shall cause written notification of its action to be mailed to the applicant within 10 days after the decision has been rendered. Its decision shall be final unless appealed to the City Council.
(E) Appeals. A person aggrieved by the decision of the Planning Commission may make written request for a hearing before the City Council to appeal such decision. For purposes of this subsection, an aggrieved person means an applicant or landowner within the area involved or within 300 feet of the exterior boundaries of the area involved. Such request shall contain reference to the specific decision appealed and shall be delivered to the City Clerk within 10 working days from such ruling. Upon receipt of any such request, the City Council will set a date for a public hearing to consider the Planning Commission's decision and objections thereto. 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 City Clerk 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.
(F) Action of the City Council. At the public hearing, the City Council may uphold the action of the Planning Commission, reverse the action of the Planning Commission, or modify the action of the Planning Commission.
(G) Decision of the City Council. The City Council shall provide findings of fact and conclusions of law in accordance with its decision on appeal. These findings of fact and conclusions of law shall be issued within 15 working days after the final hearing on appeal. The decision of the City Council shall become final and effective immediately upon the issuance of the findings of fact and conclusions of law. No permits shall be issued concerning the property in question until the decision becomes final. A decision of the City Council may be appealed to the Superior Court within 30 days after the decision becomes final.
(H) Reapplication. No request for a conditional use shall be considered by the Planning Commission within the 12-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.
(I) Time limit for Conditional Use. Each Conditional Use authorized under the provisions of this Chapter which is not actually established or for which the actual construction commenced on the buildings or structures involved within one year from the date of the decision of the Planning Commission, will be null and void. In the event construction work is involved, it must actually commence within the stated period and must be diligently pursued to completion. Provided further, when any use of land, building, structure, or premises permitted as a conditional use has been discontinued for a period of one year, it shall be unlawful to use said land or building or premises again for such use unless a subsequent Conditional Use is again authorized and issued therefore. Permits shall require new hearings with the Planning Commission.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05; Am. Ord. 2014-19, passed 10-28-14)