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(a) Appeals to Planning Commission (Administrative Decisions).

(1) Any party with ownership or possessory interest in property located in the borough may file with the planning commission an appeal to a decision made by a borough zoning official in the enforcement, administration or application of a land use regulation adopted under this title. Grounds for granting such appeal shall be limited to the improper application of law by a borough zoning official. All such appeals shall be filed in writing with the zoning official within 10 days of the date of said decision and shall contain all of the following information:

a. Name, address and telephone number of the appellant;

b. A statement indicating the appellant’s standing in the matter;

c. A description of the action for which the appeal is sought;

d. A specific and detailed statement of the basis and grounds upon which the appeal is made;

e. A statement of the relief sought; and

f. An appeal fee as established by the assembly by resolution.

(2) Upon receipt of a complete appeal, the zoning official shall schedule the appeal for consideration by the planning commission at a date no more than 60 days after the date it was received.

a. At least 10 days’ notice of the time and place of the public hearing shall be published. If posted on the internet, the post shall remain until the date and time set for the hearing. In addition, at least 10 days’ written notice of the time and place of said public hearing shall be given to the appellant(s) and affected property owners or possessors.

(3) Public Hearing and Determination. After the zoning official has duly forwarded the appeal to the planning commission, the planning commission shall, within 30 days after the receipt of said application, hold a public hearing where it may receive evidence pertinent to the granting or denial of said application. If, at the said hearing, the planning commission determines that it needs additional information, it may recess said hearing for a period of not more than 30 days, during which time it shall receive such additional information; provided, however, that before it so recesses, it must then and there announce the time and place at which the hearing will be resumed. Within 30 days after the completion of the said hearing, the planning commission shall, in a formal written resolution of the commission, either grant or deny the application, and the planning commission shall make its findings of fact a part thereof.

(b) Appeals of Planning Commission Decisions. A municipal officer or any party with ownership or possessory interest in property located within the borough may file with the board of adjustment an appeal of decisions of the planning commission on an administrative decision, or which grant or deny an application for a conditional use permit, variance, or modification to a PUD. All such appeals shall be filed in writing with the clerk of the board of adjustment within 15 days of said decision from which an appeal is sought.

(c) Appeals to the Board of Adjustment.

(1) The board of adjustment shall hear and decide appeals from decisions of the planning commission as specified in subsection (c)(3) of this section.

(2) The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate, and to that end shall have all the powers of the planning commission.

(3) Procedure of the Board of Adjustment.

a. The assembly is the board of adjustment. Meetings of the borough board are held at the call of the presiding officer. The presiding officer may administer oaths and compel attendance of witnesses. Meetings and hearings of the board shall be open to the public, and the board shall keep minutes of its proceedings showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be public records.

b. A municipal officer or any party with ownership or possessory interest in property located within the borough may file with the board of adjustment a notice of appeal specifying in detail such person’s objections to the action from which an appeal is sought. All such appeals shall be filed in writing with the borough clerk, who is the clerk of the board of adjustment, on a form provided by the clerk, and shall contain all of the following information:

1. Name, address and telephone number of the appellant;

2. A statement indicating the appellant’s standing in the matter;

3. A description of the action appealed from, including property descriptions;

4. A specific and detailed statement of the basis and grounds upon which the appeal is made;

5. A statement of the relief sought; and

6. An appeal fee as established by the assembly by resolution.

c. Grounds upon which the board of adjustment may grant an appeal are:

1. A procedural error; or

2. An error in the application of the pertinent law; or

3. A lack of evidence to support findings and conclusions; or

4. The misrepresentation of a fact.

d. All appeals shall be filed with the clerk no later than 15 days after the date of the decision; provided, however, if the clerk determines that a notice of appeal filed within such 15-day period is incomplete or lacking in sufficient detail, the clerk shall notify the appellant in writing at the address indicated in the notice on appeal specifying the deficiencies. The appellant shall have an additional 10 days from the date such notice is mailed to correct such deficiencies by filing a supplement to the notice of appeal correcting such deficiencies or adding additional information. Any appeal filed after the time provided above shall not be considered by the board of adjustment.

e. Upon such notice of appeal having been duly filed, the clerk shall thereupon send a certified copy thereof to the zoning administrator, the planning commission secretary and the planning commission, together with a written request for all pertinent records and transcripts, including the written decision and/or resolution of the planning commission granting or denying the said application. The zoning administrator and planning commission secretary shall, within seven days after having received said certified copy of the appeal and request, certify and deliver said records, transcripts and documents to the clerk of the board of adjustment.

f. An appeal to the board stays enforcement proceedings unless the board or a court issues an enforcement order based on a certificate of imminent peril to life or property made by the enforcement officer.

g. The board of adjustment shall hear and decide appeals on the record established by the planning commission considering all pertinent records, transcripts, documents, testimony or other evidence certified to it by the zoning administrator and the planning commission secretary. The board of adjustment shall consider at a public meeting all appeals not later than 30 days following the date the certified record specified in subsection (c)(3)(e) of this section is delivered to the clerk of the board of adjustment; provided, however, the date for the public meeting may be continued for a period not to exceed an aggregate total of 30 additional days as follows:

1. By the clerk upon the clerk’s determination there is a lack of a quorum, or upon receipt by the clerk of a written request from the appellant not less than three days prior to the scheduled meeting; or

2. By the board for purposes of securing additional information, or upon written request for a continuance by the appellant, or for other reasons.

h. At least 10 days’ notice of the time and place of the public meeting shall be published. If posted on the internet, the post shall remain until the date and time set for the hearing. In addition, at least 10 days’ written notice of the time and place of said public meeting shall be given to the appellant(s) and affected property owners or possessors, as such is determined within this title.

i. The board of adjustment, after having received and considered the said appeal, the certified records, transcripts and documents, at a duly held appeal hearing, shall forthwith render a decision as set forth in subsection (c)(3)(j) of this section. The board of adjustment may provide an opportunity to hear a limited summary of the appeal and may question the appellant, the property owner and the planning commission’s representative about the appeal; however, evidence not previously before the planning commission will not be heard or made a part of the board of adjustment record. The decisions of the board of adjustment shall be by motion and the vote shall be taken by roll call. A majority vote in the affirmative by the members present at a hearing in which a quorum is present adopts any motion. Following adoption of the motion, the members voting on the prevailing side of the motion shall, with the presiding officer, develop formal specific findings of fact which support the decision and which shall be deemed part of the final decision and permanently entered in the record of the appeal proceedings.

j. The adoption of the motion constitutes the final decision of the board of adjustment, and the date of the adoption of the motion constitutes the date of the final decision of the board of adjustment. The clerk of the board of adjustment shall, not later than 10 days of the date of the final decision, certify said motion to the zoning administrator, planning commission secretary and planning commission. In addition, a certified copy of the motion shall immediately be mailed to the appellant(s) by certified mail, return receipt requested. The appellant shall be informed of his further right of appeal as set forth in subsection (c)(4) of this section.

k. If the board of adjustment fails, within 30 days after the date on which the hearing of the appeal is closed, to affirmatively reverse, affirm, modify or remand the decision of the planning commission, the decision of the zoning official or planning commission shall be deemed to be upheld and affirmed.

l. A decision, once made, may not subsequently be reconsidered, amended or rescinded by the board, any parliamentary rules or ordinances to the contrary notwithstanding.

(4) Judicial Review. The owner of the property, a municipal officer or any party with ownership or possessory interest in property located within the borough may appeal an action of the board of adjustment to the superior court in the manner provided by Rule 602 of the Rules of Appellate Procedure of the State of Alaska. [Ord. No. 2022, §15 (Exh. A), 7-17-23.]