Chapter 3.44


3.44.010    Established.

3.44.020    Composition.

3.44.030    Terms of membership.

3.44.040    Election of chair and vice chair.

3.44.050    Noncompensation.

3.44.060    Secretary.

3.44.070    Annual report to assembly.

3.44.080    Quorum.

3.44.090    Meetings – Rules and regulations.

3.44.100    Absence from meetings.

3.44.110    Special and professional services.

3.44.120    Powers and duties generally.

3.44.130    Submission of maps, plats, and plans to commission.

3.44.140    Assembly – Commission action on ordinances.

3.44.150    Recommendations and reports to others.

3.44.160    Receipt of gifts, bequests or devises.

3.44.170    Powers granted by state law.

3.44.010 Established.

There is created a planning and zoning commission, referred to in this chapter as the “commission,” in accordance with WMC 20.08.160. [Ord. 251 § 5, 1970; prior code § 03.61.010.]

3.44.020 Composition.

The commission shall consist of five members from the general public, nominated by the mayor and confirmed by the assembly. Appointed members shall not include members of the assembly or of the port commission. They shall be selected with a view toward achieving a broad geographical representation for all areas of the borough. [Ord. 941 § 2, 2018; Ord. 376 § 5, 1978; prior code § 03.61.020.]

3.44.030 Terms of membership.

The term of membership shall be three years. Any vacancy shall be filled by nomination of the mayor and confirmed by the assembly for the unexpired portion of the term. Members appointed to the commission shall serve respective terms expiring 10 days after the general municipal election, and new appointments to the commission shall be made within 10 days after the election. [Ord. 674 § 4, 2000; Ord. 376 § 5, 1978; prior code § 03.61.030.]

3.44.040 Election of chair and vice chair.

The commission, at its first meeting, shall annually elect a chair and vice chair, who shall hold office during the pleasure of the commission. [Ord. 674 § 4, 2000; Ord. 251 § 5, 1970; prior code § 03.61.040.]

3.44.050 Noncompensation.

Members of the commission shall receive no compensation. [Ord. 251 § 5, 1970; prior code § 03.61.050.]

3.44.060 Secretary.

The commission shall request the borough to furnish secretarial assistance. The secretary provided shall keep an accurate record of all proceedings of the commission. [Ord. 277 § 5, 1973; prior code § 03.61.060.]

3.44.070 Annual report to assembly.

The commission shall, on the first day of July, file a prepared report of all transactions of the commission for the past 12-month period of with the borough assembly. [Ord. 277 § 5, 1973; prior code § 03.61.070.]

3.44.080 Quorum.

Three members of the commission shall constitute a quorum. For voting purposes, the vote of a majority of the quorum shall be sufficient for a subject matter’s passage or enactment. [Ord. 941 § 2, 2018; Ord. 376 § 5, 1978; prior code § 03.61.080.]

3.44.090 Meetings – Rules and regulations.

A. The commission may make and alter rules and regulations for its government and procedure consistent with the laws of the state and with the borough charter and ordinances. A true and correct copy of the rules and regulations and as from time to time supplemented or amended shall be filed with the borough clerk who shall publicly retain the same and furnish copies thereof to the public upon request.

B. The commission shall meet at least once per month; special meetings may be convened at any time; reasonable public notice of at least 48 hours shall be given for all meetings by public posting of notice in at least three public places and appearance on the local television or mini-scanner, and public radio. Notice of special meetings shall recite the subject matters to be considered and the commission shall take no official action with respect to matters not so noticed. [Ord. 674 § 4, 2000; Ord. 342 § 5, 1975; prior code § 03.61.090.]

3.44.100 Absence from meetings.

If an appointed member is absent from more than one-half of all the meetings of the commission, regular and special, held within any period of four consecutive calendar months, the member shall thereupon cease to hold office. [Ord. 674 § 4, 2000; Ord. 342 § 5, 1975; prior code § 03.61.100.]

3.44.110 Special and professional services.

Whenever the commission finds that the advice and information available from the borough staff is insufficient for them to fulfill their functions, they are empowered to request the borough, through the borough manager’s office, to provide special and/or professional services for that purpose. [Ord. 277 § 5, 1973; prior code § 03.61.110.]

3.44.120 Powers and duties generally.

It shall be the duty of the commission, and it shall have the power, except as otherwise provided by law, to recommend and make suggestions to the borough assembly and to all other public authorities concerning planning, widening, extending, parking and locating of streets, sidewalks and boulevards; relief of traffic congestion; betterment of housing and sanitation conditions; and establishment of zones or districts limiting the use, height, and area of buildings and structures in conformance with WMC Titles 19 and 20 concerning zoning and planning; to recommend to the borough assembly and all other public authorities plans for the regulation of future growth, development and beautification of the borough in order to secure to the borough and its inhabitants, sanitation, proper service of all public utilities, harbors, shipping and transportation facilities; to do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter; and in general to study and to propose such measures as may be advisable for the promotion of the public interest, health, safety, comfort, convenience and welfare of the borough. [Ord. 674 § 4, 2000; Ord. 277 § 5, 1973; prior code § 03.61.120.]

3.44.130 Submission of maps, plats, and plans to commission.

All maps, plans, plats and replats of lands laying out building lots and the streets, alleys, easements, or other portions of the lot intended to be dedicated to public use or for the use of purchasers or owners of lots fronting or adjacent to the land and located within the borough limits, and all plans or plats for vacating or laying out, widening, extending, parking and locating streets and plans for public buildings shall first be submitted to the commission by the borough engineer or other proper municipal officer, and a report thereon secured from the commission in writing before approval shall be given by the proper municipal official. [Ord. 674 § 4, 2000; Ord. 251 § 5, 1970; prior code § 03.61.130.]

3.44.140 Assembly – Commission action on ordinances.

A. Copies of all ordinances for the establishment of the boundaries of any zone or district provided for by WMC 3.44.120, and all ordinances regulating or limiting the use, height, area, or construction of buildings to be submitted to the assembly shall, before the same are presented to the assembly, be first submitted to the commission for recommendation, and the commission shall make its recommendation thereon in writing to the assembly.

B. The commission shall first hold a public hearing at such time and place as may be directed by the assembly, and make a careful and appropriate investigation thereon.

C. Before final action shall be taken by the borough assembly or any department of a borough government on the location or design of any public building, bridge, statue, park, parkway, boulevard, playground or public grounds, the same shall be submitted to the commission for consideration and report.

D. Unless the borough assembly definitely names a longer period for the return of a report specified in this section, the approval by the commission of any matter so referred to it in accordance with the provisions of this chapter shall be deemed to have been given at the end of 30 days unless the commission submits a report thereon prior to that time. [Ord. 674 § 4, 2000; Ord. 251 § 5, 1970; prior code § 03.61.140.]

3.44.150 Recommendations and reports to others.

The commission may make recommendations to any person or public authority, with reference to the location of buildings, structures or works to be erected, constructed or altered by or for such person or public authority; provided, however, such recommendation shall not have the force or effect of a law or ordinance, except when so prescribed by the laws of the state or by borough ordinance. Any person or public authority having charge of the construction, placing or designing of buildings, or other structures and improvements, or objects of art, may call upon the commission for a report thereon. [Ord. 251 § 5, 1970; prior code § 03.61.150.]

3.44.160 Receipt of gifts, bequests or devises.

The commission may receive gifts, bequests or devises of property in the name of the borough to carry out any of the purposes of this chapter. [Ord. 376 § 5, 1978; prior code § 03.61.160.]

3.44.170 Powers granted by state law.

The commission is given all the rights, powers and privileges conferred upon planning and zoning commissions as authorized in the Alaska Statutes. [Ord. 251 § 5, 1970; prior code § 03.61.170.]