PLANNING COMMISSION

Sections:

2.36.010  Commission created—Membership—Duties.

            2.36.020  Review and appeal functions.

            2.36.030  Conditional use permits—Variances.

            2.36.040  Procedure—Penalties.

2.36.010      Commission created—Membership—Duties.  A.  Creation and Membership.   There is created a land use planning commission, consisting of five residents of the city, who after appointment by the city council, shall draw lots for  three one-year memberships, one two-year membership and one three-year membership, where after all vacancies shall be filled by the city council for any unexpired term.

            B.    Duties.   The planning commission shall:

                  1.  Prepare a community comprehensive plan, which is a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development of the city, which shall be recommended to the city council with or without amendments, that are, upon referral, recommended by the commission.  Such plan shall be reviewed every five years for recommendation for revisions. (Ord. 04-02)

                  2.  Prepare a land use designation ordinance, which shall delineate the uses of land within specified boundaries, according to standards of use which will stimulate development, preserve neighborhoods, lessen traffic and street congestion, prevent over crowding, provide for orderly development and protect the health, welfare and safety of the community.

                  3.  Prepare subdivision regulations, which shall provide for dedication of streets, utility easements and public facilities, and shall provide for adequate open space, avoidance of congestions and overcrowding, water source preservation, lot size and coverage, building setbacks and other matters as are deemed necessary.

                  4.  Prepare an official map, which shall give precise location of existing and future streets, public facilities and sites, and other public improvements.  (Prior code AO §8.02.00)

            C.  The City of Anderson accepts powers to continue land use planning platting and regulations within the municipal boundaries of the City of Anderson granted by the Denali Borough in Ordinance 95-01. (Ord. 99-03)

2.36.020    Review and appeal functions.   The commission shall act as a platting board, and has jurisdiction to review all proposed subdivisions for compliance with applicable law, except upon satisfactory evidence that:

A.  Each tract of land will have adequate public access to streets and roads;

            B.  Each parcel is five acres or larger, and there are four or fewer parcels;

            C.  The conveyance will not be made in conjunction with or for the purpose of a present or projected subdivision;

            D.  No dedication for easements or public areas is involved or required.  All hearings on subdivision approval shall be preceded by a petition, with exhibits, that show the location of the land, boundaries and lot lines and distances, and shall be within sixty days of the petition by the city clerk, and pursuant to proper owner who is not a petitioner.  The city council may veto any decision within thirty days, and furthermore, no street vacation may be made without the consent of the city council.  (Prior code AO  §8.02.05)

2.36.030  Conditional use permits—Variances.   A.  The commission shall hear requests for conditional use permits and variances.

                    1.  Conditional use permits may be granted to allow a use otherwise prohibited by these ordinances and the community comprehensive plan, for the location of special classes of uses which are deemed desirable for the public welfare within a given district, though typically incompatible with uses as designated for that district.

                    2.  Variances  shall be issued by the commission that allow the petitioner to vary the guidelines or restrictions, other than use restrictions of a parcel, subject to appropriate conditions and safeguards, where the enforcement of the ordinance would work an unnecessary hardship and the commission finds that the granting of the variance will:

                            a.  Cause no adverse public effect;

                            b.  Cause no adverse effect on neighbors; and

                            c.  The property has characteristics making it eligible for a variance.

            B.     1.  Board of Adjustment.  The city council sits as the board of adjustment, a quasi-judicial body, to hear:

                             a.  Appeals in errors in the enforcement of planning ordinances;

                             b.  Appeals from decisions of the planning commission on requests for variances and conditional use permits.

                      2.  Hearing shall be open to the public and minutes shall be kept.  Any interested party may make an appeal, and all hearings and appeals shall be heard de novo.  Such actions of the board of adjustment are appeal able to the superior court, within thirty days of decision.  Such an appeal stays enforcement of any decision or order, unless the court enters a contrary order.

            C.  Delegations.  The platting board and the board of adjustment may delegate its authority to hear cases and appeals under this chapter to an appointed hearing examiner, or board of such, which may be a council person, a commissioner or other officially designated person.   (Prior code AO §8.02.10)

            2.36.040    Procedure—Penalties.  A.  The commission shall select from its membership a presiding officer, and shall adopt its own rules for the functioning of its operation.

            B.  Violation of any of the land use ordinances shall be punishable by a fine not to exceed five hundred dollars per transaction or occurrence, in addition to any other penalties under this section.

            C.  The commission, or other party authorized by the council, shall have the authority to:

                        1.  Issue a stop-work order on the construction of any nonconforming structure;

                        2.  Issue an abatement order for the removal of structures not in conformance with this chapter, the community comprehensive plan, or other official act; or

                        3.  Issue a cease and desist order, when uses not in conformance with the law are being made of realty.   (Ord. 113 §4 (Y), 1986:  prior code AO §8.02.15)