Chapter 21.91
PLANNING COMMISSION AND HEARING OFFICER

Sections:

Article I. Planning Commission

21.91.010    Planning Commission established.

21.91.020    Powers and functions.

Article II. Hearing Officer

21.91.100    Hearing officer appointment.

21.91.110    Powers and functions.

21.91.120    Procedures.

21.91.130    Appeals to Superior Court.

Article I. Planning Commission

21.91.010 Planning Commission established.

There shall be a Planning Commission established and functioning pursuant to Chapter 2.72 HCC. [Ord. 21-44(S) § 1, 2021; Ord. 08-29, 2008].

21.91.020 Powers and functions.

In addition to the powers and functions assigned to the Planning Commission in Chapter 2.72 HCC, the Commission has all the powers and functions assigned to it in this title. [Ord. 21-44(S) § 1, 2021; Ord. 08-29, 2008].

Article II. Hearing Officer

21.91.100 Hearing officer appointment.

A hearing officer shall be appointed by the City Manager to hear and decide appeals authorized by Chapter 21.93 HCC. A hearing officer appointed by the City Manager must have experience acting as an administrative law judge or administrative hearing officer and must be licensed to practice law in the State of Alaska and in good standing. [Ord. 21-44(S) § 1, 2021; Ord. 08-29, 2008].

21.91.110 Powers and functions.

a. The hearing officer appointed by the City Manager shall hear and decide appeals pursuant to the provisions of the zoning code.

b. The hearing officer shall act as the decision maker in appeals of decisions made by the City Manager, City Planner, City Planner’s designee, or the Planning Commission. [Ord. 21-44(S) § 1, 2021; Ord. 17-07(S-3)(A) § 2, 2017; Ord. 08-29, 2008].

21.91.120 Procedures.

Appeals heard by a hearing officer shall be conducted according to applicable procedures specified in Chapter 21.93 HCC. [Ord. 21-44(S) § 1, 2021; Ord. 17-07(S-3)(A) § 3, 2017; Ord. 08-29, 2008].

21.91.130 Appeals to Superior Court.

a. An appeal from a final decision of a hearing officer may be taken directly to the Superior Court by a party who actively and substantively participated in the proceedings before the hearing officer or by the City Manager or City Planner or any governmental official, agency, or unit.

b. An appeal to the Superior Court shall be filed within 30 days of the date of distribution of the final decision to the parties appearing before the hearing officer.

c. An appeal from a final decision of the hearing officer to the Superior Court is governed by court rules. [Ord. 21-44(S) § 1, 2021; Ord. 17-07(S-3)(A) § 4, 2017; Ord. 08-29, 2008].