18.104.010 General procedures for rezoning, conditional uses and variances.
A. Initiation. Applications for rezoning, conditional uses and variances shall be made and reviewed according to the following procedures:
1. The applicant shall complete and submit the application forms provided by the Borough, along with the required processing fee, prior to the time and date established as the deadline for the Planning Commission meeting.
2. The Department of Community Planning shall review the submitted request, and submit its recommendation and all other applicable information to the Planning Commission and Borough Assembly, as appropriate. The recommendation shall be based upon conformance to the Comprehensive Plan and other factors required to be considered by law.
3. Applications involving property within 150 feet of the ordinary high water mark of the Chena River shall first be submitted to the Chena Riverfront Commission for review and recommendation.
B. Hearings. The Planning Commission shall conduct public hearings on all proposed rezones and quasi-judicial hearings for conditional use permits and variance requests unless specifically exempted under this title. Interested persons may testify and submit other admissible evidence for the Planning Commission’s consideration at a quasi-judicial hearing. When the applicant is the Borough the public may submit written comments and general public comment may be permitted. In its rezone deliberations the Planning Commission shall consider all oral and written statements from the applicant, the public and the Department of Community Planning. Public testimony on rezones shall be relevant and related to the proposed land use.
C. Public Notification. Rezonings shall become effective only after a public hearing has been held at which all interested persons and/or citizens shall have an opportunity to be heard, and approval has been granted by the Borough Assembly. Conditional uses and variances shall become effective only after a quasi-judicial hearing has been held and approval granted by the Planning Commission.
1. Publication of Notice. Notice of the time and place of the public or quasi-judicial hearing shall be published at least 10 days prior to the date of the hearing in a newspaper with general circulation in the jurisdiction of the Planning Commission and Borough Assembly.
2. Mailing of Notice by the Department of Community Planning. Notice of the public or quasi-judicial hearing shall be mailed to all owners, as shown by the records of the Borough Assessor, of property in the area to be considered for a rezoning, conditional use or variance. Notice shall be sent to owners of lots or land either within an area measured 1,000 feet in all directions from the boundaries of the area being considered if the request is of land within the incorporated areas of the cities of Fairbanks and North Pole, or within an area measured 2,000 feet in all directions from the boundaries of the area being considered if the request is of land outside of the incorporated areas of the cities of Fairbanks and North Pole. In either instance at least 10 owners of lots or land outside of the area being considered shall be notified by mail, whereby these distance requirements shall be increased.
3. Notice by Applicant. The applicant shall provide notice of the public or quasi-judicial hearing by posting the land subject to the application for a rezone, conditional use or variance with notice clearly legible from each improved street adjacent to the land, or as determined by the Community Planning Director or their designee. All posted notices shall be in the standardized form provided by the Department of Community Planning and shall be posted at least 20 calendar days prior to the date of the public or quasi-judicial hearing and remain until final action has been taken on the matter. Twenty days before the public or quasi-judicial hearing, the applicant shall submit to the Department of Community Planning a signed affidavit that the notice was posted as required by this subsection and photographs of all posted notices. If a site inspection is conducted, staff will note in the staff report the presence or absence of the posted notice. The applicant shall remove the sign within 10 days following the final public or quasi-judicial hearing.
D. Limitations. A proposed rezoning, conditional use or variance which has been denied by the Planning Commission and/or the Borough Assembly on a particular tract of land for a particular purpose cannot again be applied for within six months from the date of the denial, unless a new request is submitted that is determined to be substantially different from the original request (e.g., an application for a different but not necessarily a more restrictive zoning district, use, distance, area, etc.). (Ord. 2019-09 § 2, 2019; Ord. 2017-46 § 3, 2017; Ord. 2015-74 §§ 4 – 6, 2016; Ord. 2014-43 § 2, 2014; Ord. 2002-11 § 2, 2002; Ord. 88-010 § 2, 1988. 2004 Code § 18.54.010.)