Utqiagvik Zoning Commission

General Information

§ 19.30.020 BARROW ZONING COMMISSION; CREATION AND MEMBERSHIP

A Barrow Zoning Commission is established. The purpose of the Zoning Commission is to implement the Comprehensive Development Plan for Barrow and aid in fire prevention and the delivery of emergency medical services. The Zoning Commission shall consist of five Barrow residents. Two appointed by the Mayor and three appointed by the Barrow City Council for staggered terms of three years. One of the two appointed by the Mayor shall be the Barrow member of the Borough Planning Commission. The Mayor and Barrow City Council may each designate one alternate member of the Commission for staggered terms of three years to attend all meetings and hold full voting powers when substituting for a regular member. Alternates are appointed for three year terms and may be reappointed by the city and the Borough. All members and alternates will be subject to confirmation by the Assembly.

(’75 Code, § 19.30.020)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.030 ADMINISTRATOR

An Administrator shall be appointed by the North Slope Borough Mayor. The Administrator is authorized and empowered to carry out all of the duties set forth in this chapter, shall serve as staff to the Planning and Zoning Commissions and shall have all other power and authority reasonably necessary and desirable to carry out those duties, including the power to delegate those duties as appropriate.

(’75 Code, § 19.30.030)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.040 COMMISSION PROCEDURES

The Planning Commission and Zoning Commission shall adopt by resolution such rules governing the conduct of their business as each deems necessary and desirable.

(’75 Code, § 19.30.040)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.050 PLANNING COMMISSION; POWERS AND DUTIES

The Planning Commission has all powers and duties of a planning commission of a home rule Borough as set forth in law. The Planning Commission may, from time to time, consider amendments to the Comprehensive Plan, Coastal Management Program and land management regulations; and if appropriate, recommend amendments to the Assembly for adoption. The Planning Commission powers and duties include the following:

(A) Rezoning and amendments. The Planning Commission shall review and make recommendations to the Assembly on amendments to the text of this title and all rezoning requests outside the City of Barrow.
(B) Review of the Capital improvements program. The Planning Commission shall annually review the capital improvements program of the Borough and submit its recommendations thereon to the Assembly. The Mayor shall submit the proposed capital improvements program to the Commission a reasonable period in advance of the annual budget review.
(C) Reports and recommendations on public improvements. The Planning Commission shall review and report to the Assembly regarding the location, design, construction, demolition or disposition of any public building, facility, collector or arterial street, park, greenbelt, playground or other public facility. The report and recommendation of the Commission shall be based upon the policies of the Comprehensive Plan and the capital improvements program.
(D) Subdivisions. The Planning Commission shall decide all preliminary plats, except those for minor subdivisions. Decisions shall be based on adopted policies and plans, the capital improvements program, and the subdivision regulations.
(E) Conditional uses and appeals. The Planning Commission shall hear and decide conditional uses and appeals of the decisions of the Administrator for the area outside the City of Barrow.

(’75 Code, § 19.30.050)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.060 ZONING COMMISSION; POWERS AND DUTIES

The Barrow Zoning Commission shall:

(A) Develop, adopt and recommend to the Assembly a Comprehensive Plan for Barrow.
(B) Make recommendations to the Administrator about enforcement and interpretation of the sections of this title which are applicable to Barrow.
(C) Review and act on all requests for conditional uses in Barrow.
(D) Review and make recommendations to the Assembly on all requests for rezoning within Barrow and changes to the text of this title which govern development within Barrow.
(E) Hear and decide appeals of Administrator’s decisions within Barrow.
(F) Hear and decide requests for adjustments to the dimensional requirements of this title.
(G) Hear and decide conditional uses and appeals of the decisions of the Administrator within the city limits of Barrow.

(’75 Code, § 19.30.060)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.070 DURATION AND CONDITIONS ON APPROVALS

Approvals are valid only during developer’s compliance with this title and the terms and conditions of approval. However, approvals and permits expire automatically 12 months after issuance if no construction, activity or occupancy has commenced, or if the development or use has been suspended for 12 consecutive months. Requests for extensions after a 12-month period of suspension are a new application and subject to the appropriate approval process. The Administrator, Planning or Zoning Commission may place limits on the duration of an approval or establish a longer duration. Approved development or uses, unless ordered to cease by the Administrator, shall be allowed to continue during the appeal of the issuance of an approval. The Planning Commission, Zoning Commission or Administrator may place conditions upon issuance of any approval which are necessary or desirable to ensure that a policy, standard or intent will be implemented in a manner consistent with this title, the Comprehensive Plan and Coastal Management Program. Any permit or approval issued under this title shall comply with the State Fire Code and any other federal, state or local regulations which are applicable to the activity.

(A) Surety. Prior to the commencement use or development, or as a condition of approval of a rezoning, the Administrator or appropriate Commission may require surety.

1. The form and amount of surety shall be set by the Borough based upon the magnitude, type and costs of the activities planned and the nature, extent and duration of the operations. The amount of surety shall be reasonably related thereto, to protect the Borough and insure compliance with the requirements of the plan; however, the amount of the surety shall not exceed 100% of the estimated cost of the reclamation or mitigation.
2. The liability under the surety provisions shall continue until such time as released in part, or in its entirety, by the Administrator.
3. Evidence of self-insurance, proof of financial responsibility or the existence of sufficient surety filed with another governmental entity may be accepted as a means of surety that fulfills the requirements of this section.

(B) Reclamation plan.

1. A reclamation plan may be required by the Administrator or Commission as a condition of approval. A satisfactory plan may be required prior to final approval of the proposed development or use or at a date prior to the cessation of the activity. The plan at a minimum shall contain:
   1. A grading and site plan drawn and certified by an Alaska licensed professional engineer or land surveyor, indicating the areas excavated or filled, the proposed finished grades and contours, drainage directions and any control structures to be installed.
   2. The methods and plans to be employed for reclamation of the site during and after the activity shall be stated along with a time table for completions.
   3. A description of all roads and structures and a site map showing the locations of all roads and development which will be built indicating which will remain after cessation of activities.
   4. A description of any known reclamation requirements of any other governmental entity, and a copy of any reclamation plan under development or in existence for the activity.
   5. All maps shall be submitted at a scale of one inch equals 200 feet extending 200 feet beyond the site area with a maximum contour interval of five feet. The scale requirements may be adjusted by the Administrator to fit unusual circumstances.
2. The Administrator or Commission shall not impose reclamation requirements in conflict with the reclamation requirements of any other governmental entity, but shall work with the applicant to reach a satisfactory compromise with the other governmental entity. If a suitable reclamation plan is already in existence, the Administrator or Commission may find that plan fulfills the requirements of this section.

(’75 Code, § 19.30.070)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.080 REVIEWING PARTIES

The Commission may by resolution identify those parties that are to be included in the review of proposed actions under this title. These parties may include city, Borough, state or federal agencies and private individuals or groups potentially affected or with interests in the proposed action. Either Commission may establish by resolution new groups to participate in the review process. The parties and established groups will be provided with all relevant materials and may submit comments and recommendations concerning the proposed actions.

(’75 Code, § 19.30.080)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.090 FEES

The Planning Commission and Zoning Commission shall establish a schedule of fees for actions under this title by resolution. The fees in the schedule may be waived by the Administrator when the Borough, state, federal or a local government is the applicant.

(’75 Code, § 19.30.090)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.100 COMPLIANCE

Any use or development, including one administratively approved, may be ordered to cease by the Administrator if in conflict with the terms of this title or if the terms and conditions of any rezoning, Planning or Zoning Commission approval, administrative approval or Master Plan are violated.

(A) Violation Complaint. Any person may bring to the attention of the Administrator suspected violations of this title. The complaint may be by phone or in writing. The Administrator is authorized to levy fines, seek remedies, initiate compliance plans, make inspections and take such actions authorized herein as may be necessary to ensure compliance with this title.
(B) Violation Notice. After a violation has been discovered, investigated and verified, the Administrator will notify by written finding the person responsible for the violation and the property owner by certified mail and/or notice posted on the site of the violation. The finding will specify the violation(s) and order abatement. The finding shall direct the person to cease the violation, or appeal the finding within ten days after receipt. All violation notices will be reported to the appropriate Commission at its next meeting.

(’75 Code, § 19.30.100)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.110 ENFORCEMENT ORDERS

Upon substantiation of a violation, the Administrator may order:

(A) The discontinuance of activity for any use or development which does not comply with the terms of this title.
(B) The removal or abatement of buildings or structures.
(C) The Administrator may order the submittal of a plan for compliance with the terms, of this title. The plan shall include a schedule for completion and procedures to accomplish compliance. The Administrator will review and approve, condition or deny the plan pursuant to the administrative approval procedures of Chapter 19.50.
(D) Any other action necessary to ensure compliance with all provisions of this title, including revocation or suspension of approvals.

(’75 Code, § 19.30.110)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.120 PENALTIES AND REMEDIES

(A) The Administrator may institute a civil action against a person who violates a provision of this title or a term, condition or limitation imposed on a permit or approval under this title. Each act of violation and every day a violation exists is a separate offense. In addition to other relief, a civil penalty not to exceed $1,000 may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy.
(B) Criminal Remedies. Any act where the maintenance of any condition prohibited by this title, or violation of any condition placed upon any permit issued pursuant hereto, is unlawful and the willful commission of such act or maintenance of that condition is unlawful and is punishable by a penalty not to exceed a fine of $1,000 (or less) and imprisonment not to exceed 90 (or fewer) days.
(C) Schedule of Fines. The Planning Commission and the Zoning Commission shall establish by resolution for various violations a schedule of civil fines which can be disposed of without court appearance.
(D) Parties. A proper party for any enforcement action under this title may include the owner of the site or any part thereof; any lessee or occupant of the site or any part thereof, and the developer, and its agents, contractors and subcontractors and employees.

(’75 Code, § 19.30.120)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.130 APPEALS TO COMMISSIONS

Any aggrieved person, including the developer, may appeal the decision of the Administrator by serving written notice to the secretary of the appropriate Commission and the developer within 30 days of receipt of the decision. The notice shall state the reasons why the appellant believes the decision of the Administrator is improper. The issues before either Commission shall be limited to those raised on appeal, and the evidence shall be limited to a review of the record, although further argument may be allowed. The burden of proof shall be on the appellant. The Commission may affirm or reverse the Administrator’s decision, return the matter to the Administrator for further evidence, or change the conditions attached to any approval issued by the Administrator. Approved uses and development may proceed during the appeal process unless ordered to cease by the Administrator.

(’75 Code, § 19.30.130)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.140 APPEAL TO ASSEMBLY

An appeal to the Assembly of either Commission’s decision may be made in the same manner as set forth above for appeals to the Commission. The Assembly’s decision shall be final within the jurisdiction of this title.

(’75 Code, § 19.30.140)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.150 APPEAL UNDER COASTAL MANAGEMENT

Appeal of a coastal consistency recommendation or determination is subject to the procedures and requirements of state and federal law.

(’75 Code, § 19.30.150)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.160 APPEAL FROM ASSEMBLY DECISIONS

Any person aggrieved by the final decision of the Assembly may appeal such a decision or action to the Superior Court.

(’75 Code, § 19.30.160)(Ord. 75-6-23, passed 4-12-90)

§ 19.30.170 INTERPRETATION

All questions of the Administrator’s interpretation of the provisions of this title shall be treated as an appeal, pursuant to § 19.30.130.

(’75 Code, § 19.30.170)(Ord. 75-6-23, passed 4-12-90)

Contact

Michelle Oto, Central Division Manager
Phone Number: (907) 852-0320
Fax Number: (907) 852-0322