18.104.020 Procedures for rezonings.
A. Initiation. The Borough Assembly may, from time to time, change the zoning of parcels of land within the Borough. These changes in zoning classification shall be for the purpose of meeting the land use needs of the residents of the Borough in conformance with the Comprehensive Plan. A change in zoning classification may be initiated by:
2. Any person or persons; provided, that an application for rezoning is accompanied by a petition favoring the proposed rezoning signed by the owner or owners of at least 51 percent of the property within the area proposed to be rezoned. If any individual property owner owns more than 25 percent of the land area proposed to be rezoned, then the petition shall contain such property owner’s signature. Land owned by the state of Alaska or by the United States of America shall not be included in these computations.
B. Application for a Rezoning. Any member of the Borough Assembly or the Mayor may initiate a rezone by preparation of a suitable ordinance and introduction of same to the Borough Assembly in accordance with Assembly procedures. The Planning Commission, however, shall not consider a rezone initiated by a member of the Borough Assembly or the Mayor unless the Assembly votes to refer the ordinance to the Planning Commission. Any other person or persons who wish to initiate a rezone shall complete and submit the application forms provided by the Department of Community Planning along with all requested information. The written consent of the owner of the interest in the property to be rezoned, or an authorized representative having power of attorney, shall accompany all applications. The written consent of a holder of a security interest in the property does not need to be obtained. The application shall also include the following information:
1. The legal and common description of the property to be rezoned;
2. The property’s present and proposed zoning classification;
3. The recommendation for use of the property by the Borough’s Comprehensive Plan;
4. The reasons for requesting the rezoning.
C. Hearing and Recommendation by the Planning Commission. The Planning Commission shall review, hear and recommend whether or not a request for rezoning should be approved. The Planning Commission shall also consider and adopt findings of fact demonstrating whether or not the proposed rezoning conforms to the Comprehensive Plan and to the public health, safety and welfare.
The Planning Commission shall recommend to the Assembly one of the following actions:
1. Approve the rezoning request as submitted;
2. Approve the rezoning with special limitations;
3. Recommend an amendment to the request to a more appropriate zoning district; or
4. Disapprove the rezoning request.
D. Submission to the Borough Assembly. The applicant’s request for rezoning shall be submitted in the form of an ordinance to the Borough Assembly within 30 days of the hearing and recommendation by the Planning Commission. The Assembly shall sponsor the ordinance containing the applicant’s request and place it upon an agenda unless the ordinance is not legally approved by the Borough Attorney. If a rezone is not submitted to the Borough Assembly because it is not legally approved by the Borough Attorney, a written report including the reason will be submitted to the Planning Department and Borough Assembly within 10 business days to complete the file.
E. Hearing and Determination by the Borough Assembly. The Borough Assembly shall review, hear and decide whether or not a request for rezoning shall be approved.
1. The Assembly may approve a rezoning as submitted, or with special limitations approved by a majority of the votes cast by the Planning Commission members who voted on the rezone, or amend the request to a more appropriate zoning district.
2. The Assembly may disapprove the rezoning or remand the request to the Planning Commission with instructions for its reconsideration. (Ord. 2019-06 § 2, 2019; Ord. 2014-43 § 3, 2014; Ord. 2005-31 § 2, 2005; amended during 2004 republication; Ord. 2000-30 § 3, 2000; Ord. 99-003 § 2, 1999; Ord. 94-088 §§ 3, 4, 1995; Ord. 88-070 § 7, 1988; Ord. 88-054 § 3, 1988; Ord. 88-010 § 2, 1988. 2004 Code § 18.54.020.)