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§ 8.12.180 NONCONFORMITIES.
   (A)   When a use, structure or lot legally exists prior to the adoption or amendment of this chapter, it shall be permitted to continue within the limits set forth in this chapter. Under such circumstances, it is said to have nonconforming status. It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation. There are three types of nonconformities.
      (1)   Nonconforming uses. A nonconforming use is a use which is prohibited under this chapter, but which was granted conditional use approval or was lawfully established prior to the effective date of this chapter or any subsequent amendments.
      (2)   Nonconforming structures. A nonconforming structure is one which was lawful at the time of construction but which does not presently conform to chapter provisions and standards for the district in which it is located.
      (3)   Nonconforming lots. Nonconforming lots are those in existence on the effective date of this title or any subsequent revisions, which do not meet applicable minimum lot size or other dimensional requirements.
   (B)   Alteration. Nonconforming uses or structures may be continued but may not be altered, extended or expanded without being in compliance with provisions of this title. The extension or expansion of a nonconforming use to a portion of a structure which was designed and approved for the nonconforming use at adoption of this chapter shall not be considered an extension or expansion of the nonconforming use. A nonconforming structure may be altered only when such alteration is in compliance with all applicable standards of this chapter.
   (C)   Completion of structure. Nothing contained in this chapter shall require any change in the plans, construction, alteration, or designated use of a structure for which construction has been approved prior to the adoption of this chapter, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within one year from the effective date of this chapter.
   (D)   Replacement. Where a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent not exceeding eighty percent of its fair market value as indicated by the current assessment records of the City Clerk and is not returned to its original size, locations, and use and in actual operating condition within one year from the date of destruction, a future structure or use on the site shall conform to this chapter.
   (E)   Conformance.
      (1)   Where a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding eighty percent of its fair market value as indicated by the records of the City Clerk a future structure or use on the site shall conform to this chapter.
      (2)   Where a nonconforming use is replaced by another use, the new use shall conform to this chapter. If a nonconforming use is discontinued for a period of one year, further use of the property shall conform to this chapter.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05)
§ 8.12.190 AMENDMENTS.
   (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)
§ 8.12.200 CONDITIONAL USE APPLICATIONS.
   (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)
§ 8.12.210 VARIANCES.
   (A)   Authorization. The Planning Commission, after public hearings, may vary or modify requirements of this chapter where strict application would cause an undue or unnecessary hardship. Variances will be dimensional in nature and may be limited to requirements governing yards, lot dimensions and coverage, heights, and parking areas. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity, and to otherwise achieve the purpose of this chapter. If a dimensional variance of ten percent or less of a standard set forth in this chapter is requested, the Director of Planning may grant such a variance if he finds that strict application of the chapter's standard may cause undue hardship. The Director of Planning shall report all such dimensional variances that he grants as a Planning Determination to the Planning Commission. If the Director of Planning denies a request for a dimensional variance of ten percent or less, that decision may be appealed pursuant to § 8.12.220(B).
   (B)   Procedure for taking action on a variance application. The procedure for taking action on a variance application shall be as follows:
      (1)   Application. A written application for a variance shall be filed with the Department of Planning. Upon filing an application for a variance with the Department of Planning by the landowner or their authorized agent on forms prescribed, the applicant shall be informed on the time and place of the next regular meeting at which the application for a variance 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 variance.
   (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 variance 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.
   (D)   Action of the Planning Commission.
      (1)   The Planning Commission shall make its decision concerning a variance application within 30 days after the public hearing is closed, unless the hearing is continued.
      (2)   Approval of an application for a variance 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)   Approval. The Planning Commission may approve an application for a variance by finding, that the request conforms to AS 29.40.040 land use regulations, or any subsequent amendments thereto and:
      (1)   Special conditions that require the variance are not caused by the person seeking the variance and that exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zoning district, and result from lot size, shape, topography, or other circumstances over which the applicant has no control. An argument of “financial hardship” when defined as causing a developer to spend more than he is willing to in order to conform, is not an over-riding factor in the granting of a variance;
      (2)   That the variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by other landowners in the same zoning district;
      (3)   That the granting of the variance will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; and
      (4)   That the variance will not be materially detrimental to the intent of this chapter, or to properties in the same zoning district in which the property is located, or otherwise conflict with the objectives of the Comprehensive Plan and the variance requested is the minimum variance which would alleviate the hardship.
   (F)   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 the 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 ten 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 ten (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 variance 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.
   (G)   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.
   (H)   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 thirty (30) days after the decision becomes final.
   (I)   Reapplication. No request for a variance 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.
   (J)   Time limit for a variance. Each variance 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 or land, building, structure, or premises established by variance 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 variance 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)
§ 8.12.215 PLANNED UNIT DEVELOPMENTS.
   (A)   Procedure. A developer may apply for approval of a planned unit development from the Planning Commission, granting exemption from portions of this chapter for large scale developments. The procedure for taking action on a planned unit development application shall be as follows:
      (1)   Written application. A written application for a planned unit development approval shall be filed with the Department of Planning on forms prescribed by the Department. Upon filing an application for a planned unit development approval with the Department of Planning by a landowner or his/her authorized agent, the applicant shall be informed of the time and place of the next regular meeting at which the application will be considered.
      (2)   Submittal/timing.
         (a)   The application must he received at least 22 days prior to the next regular meeting of the Planning Commission.
         (b)   The application will not be scheduled for a public hearing unless the Department of Planning, following an examination of the City of Unalaska Real Property Tax Roll, determines the person signing as landowner(s) on the application form are in fact the latest owner(s) of record.
   (B)   Public hearing. The Planning Commission shall hold at least one public hearing on the application. Notice of the public hearing shall be given not less than ten days prior to the public hearing in the following manner:
      (1)   The Department of Planning will mail notice of public hearing to all landowners of record within 300 feet of the proposed planned unit development 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 ten days prior to the date of the hearing.
   (C)   Findings. At public hearing, the Planning Commission shall determine if any application for a planned unit development:
      (1)   Furthers the goals and objectives of the Comprehensive Development Plan:
      (2)   Will be compatible with the existing and planned land uses in the surrounding neighborhood and with the intent of its zoning district; and
      (3)   Will not have a permanent negative impact substantially greater than anticipated from permitted development within the zoning district.
   (D)   Action of the Planning Commission.
      (1)   The Planning Commission shall make its decision concerning a planned unit development application within 30 days after the first public hearing on the 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 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 ten 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 ten 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 ten 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 planned unit development 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 ten 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 planned unit development 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. Each planned unit development 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.
(Ord. 2014-19, passed 10-28-14)
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