(A) Interpretation and application. The following principles apply to the interpretation and application of this chapter:
(1) Minimum requirements. In interpreting and applying the provisions of Chapter 8.12 Zoning, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare; therefore, when this Chapter 8.12 Zoning imposes a greater restriction upon the use of the buildings or premises, or upon the height of the buildings, or when this Chapter 8.12 Zoning requires larger open spaces than are imposed or required by other laws or regulations, the provisions of this chapter shall control; and
(2) Planning determination. The Director of Planning may make a “Planning Determination” in deciding:
(a) Which specific, undesignated, but similar land uses may be permitted in a zoning district;
(b) Area and yard requirements for irregular lot shapes;
(c) Dimensional variances of 10% or less;
(d) Unclear zoning district boundary lines;
(e) Whether required subdivision improvements have been constructed; and
(f) The meaning of any unclear provisions of this chapter.
In making any “Planning Determination,” the Director of Planning must consider the purpose and intent of the Comprehensive Plan and Chapter 8.12. All “Planning Determinations” shall be in written form and reported to the Planning Commission at its next regular meeting.
(B) Appeals of administrative decisions.
(1) Procedure. Appeals may be taken to the Planning Commission by the applicant or any affected party of any order, requirement, permit, decision, or Planning Determination made by the Director of Planning or any administrative official in the administration of, or the enforcement of this chapter, except notices or orders to abate a public nuisance issued pursuant to Chapter 11.12. Such appeals shall be filed in writing with the Director of Planning within 10 working days of the date of the action being appealed. Upon receipt of such an appeal, the Director of Planning shall set the time and place, at which the matter will be considered. At least ten (10) days notice of such time and place shall be given to the adverse parties of record and to the official whose decision is being appealed subject to the provisions of § 8.12.220(I). The officer from whom the appeal is being taken shall transmit to the Planning Commission all records and proceedings pertaining to the decision being appealed, together with such additional written reports as are deemed necessary by the Planning Commission. Citations for minor offenses are governed by the Alaska Rules of Minor Offense Procedure and are not appealable under this section.
(2) Action by the Planning Commission. In exercising the power granted herein, the Planning Commission may, in conformity with this chapter, reverse or affirm, wholly or in part, or modify the order or decision appealed from and may make such order as should be made. The Planning Commission in making its decision may hear any facts which it deems to be relevant.
(C) Appeals of Planning Commission decisions.
(1) Procedure. Appeals from a decision of the Planning Commission may be taken to the City Council by a party to an appeal to the Planning Commission or by an affected party as defined in § 8.06.020(A)(3) by filing with the City Clerk a written notice of appeal within 10 working days of the decision or action by the Planning Commission. Upon receipt of the appeal, the City Clerk shall notify the City Council of the appeal and schedule a date for a public hearing. Notice of the Public Hearing shall be given not less than ten (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 property variance 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.
(c) The public hearing shall be an informal hearing. The parties involved in the appeal may be represented by counsel. Rules of evidence will not be followed. Cross examination of persons speaking to the City Council will not be allowed. The City Council may consider all relevant evidence. The evidence will be heard in the following order:
1. Planning Department/Planning Commission.
2. Person appealing the Planning Commission decision.
3. Property owner (if different than person appealing the decision).
4. Members of the public other than those who have previously spoken.
All members of the public wishing to speak at the public hearing shall sign up to speak in advance of the public hearing. The time allowed to each person to speak may be limited at the discretion of the Mayor.
(2) 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.
(3) 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.
(D) Permits required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any buildings or structure within the City without first obtaining a separate building permit for each such building or structure. Building permits are issued under authority of Title 17 of this Code. The Planning Department shall review each permit for compliance with the requirements of Title 8 UCO.
(E) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall be filed with the Department of Planning. The Director of Planning shall cause the complaint to be investigated and take action thereon as provided in this chapter.
(F) Abatement proceedings. Any building or structure erected, built, moved, or maintained or any use of land contrary to the provisions of this chapter, or the violation of any conditions attached to the granting of any Conditional Use or variance is hereby declared to be unlawful and a public nuisance.
(G) Violations and penalties. Any person, firm, or corporation which violates or refuses to comply with or which resists the enforcement of any of the provisions of this chapter is guilty of a minor offense and shall be fined an amount set forth in § 1.24.010 or if no fine is there established, an amount not to exceed $500 unless another amount is specified herein. Each day that a violation is permitted to exist shall constitute a separate offense for purposes of this subsection. The city may seek injunctive relief to remedy any violation.
(H) Grounds for revocation of a Conditional Use or variance. Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any Conditional Use or variance pursuant to the provisions of this chapter shall constitute grounds for the revocation of said Conditional Use or said variance by the Director of Planning. An appeal may be filed with the Planning Commission and the appeal procedure set forth in § 8.12.220(B) shall be followed.
(I) Computation of prescribed time periods.
(1) In computing any time period prescribed by this chapter, the day of the act or default from which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or legal holiday in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
(2) When by these rules or by a notice given thereunder an act is required to be done at or within a specified time, the responsible authority, for cause shown, may at any time in its discretion: (1) With or without motion, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect.
(3) Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed time.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05; Am. Ord. 2016-02, passed 2-23-16)