CHAPTER 15.24: ASSEMBLY; ZONING FUNCTIONS
Section
15.24.010 Building and land use regulations
15.24.020 Fire and health hazards and nuisances; condemnation [Repealed]
15.24.030 Comprehensive plan and purposes
15.24.031 Initiating and amending lake management plans
15.24.032 Amending state management plans affecting borough lands
15.24.040 Official streets and highways plan map [Repealed]
15.24.050 Maps filed [Repealed]
15.24.060 Status of map [Repealed]
15.24.070 Map replacement [Repealed]
15.24.090 Record of streets and highways plan map changes [Repealed]
15.24.010 BUILDING AND LAND USE REGULATIONS.
Unless otherwise provided by an ordinance delegating authority to the city, the assembly, for the purpose of protecting public health, safety, and welfare, may upon receipt of the recommendations of the planning commission, regulate the heights, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, and may enact a building code regulating minimum construction, heating, lighting, and other requirements and specifications within districts as provided in MSB Title 17, and defining offenses and prescribing punishment for their violation.
(Ord. 92-080AM, § 3, 1992; Ord. 73-5, § 3 (part), 1973)
15.24.015 CREATE DISTRICTS.
The assembly, upon the recommendations of the commission, shall divide the borough into districts as will best accomplish the purposes of the comprehensive plan accommodate the building and land use regulations authorized by law, as well as those regulations adopted by ordinance and designed to regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land.
(Ord. 94-071(sub1), § 4 (part), 1994)
15.24.016 REGULATIONS.
The regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts.
(Ord. 94-071(sub1), § 4 (part), 1994)
15.24.017 HEARINGS REQUIRED.
No ordinance adopting, amending, supplementing or changing any of the regulations, restrictions, or boundaries of districts authorized by law and this title, and MSB Title 17, shall become effective until after a public hearing at which parties in interest and citizens have an opportunity to be heard. Public hearings shall be preceded by 15 calendar days’ notice of the time and place of the hearing, and the scope of the subject matter to be heard, published in a newspaper of general circulation in the borough.
(Ord. 94-071(sub1), § 4 (part), 1994)
15.24.020 Fire and Health Hazards and Nuisances; Condemnation. [Repealed by Ord. 94-071(sub1), § 4 (part), 1994 and recodified as MSB 8.45.030]
15.24.030 COMPREHENSIVE PLAN AND PURPOSES.
(A) The assembly shall prepare, with the advice and assistance of the commission, and to revise with a written record of revisions made as necessary, a comprehensive borough-wide plan of development designed to:
(1) promote safety for vehicular and pedestrian traffic, prevent congestion and preserve the function of roads;
(2) secure safety from fire, flood, pollution, and other dangers;
(3) promote health and the general welfare;
(4) provide for orderly development with a range of population densities, in harmony with the ability to provide services efficiently, while avoiding over-concentrations of population;
(5) provide adequate light and air;
(6) preserve the natural resources;
(7) preserve property values;
(8) promote economic development;
(9) facilitate adequate provision for transportation, water, waste disposal, schools, recreation, and other public requirements.
(B) The comprehensive plan consists of the following elements, which are incorporated in this chapter by reference. If elements of the comprehensive plan conflict, the element most recently adopted shall govern.
(1) Matanuska-Susitna Borough Comprehensive Development Plan, adopted 1970, amended 2005 (Res. 70-045 dated November 1970, as amended by Res. 70-55 dated December 1970, Res. 81-121 dated September 1981, Ord. 84-09 dated March 1984, Ord. 84-44 dated June 1984, Ord. 84-61 dated July 1984, Ord. 85-08 dated March 1985, Ord. 85-09 dated February 1985, Ord. 85-49 dated June 1985, Ord. 87-12 dated February 1987, Ord. 87-19 dated March 1987, Ord. 87-97 dated August 1987, Ord. 01-078 dated June 2001, Ord. 01-095 dated July 2001, Ord. 02-194 dated November 2002, Ord. 05-174 dated November 2005);
(2) Matanuska-Susitna Borough Coastal Management Plan, adopted 1984, as amended 1992, as amended 2007 (Ord. 84-006 dated January 1984, as amended by Ord. 84-073 dated July 1984, Ord. 87-063 dated June 1987, Ord. 88-121 dated September 1988, Ord. 93-034 dated April 1993);
(3) City of Palmer Comprehensive Plan (Ord. 82-37 dated July 1982, as amended by Ord. 85-104 dated January 1986, Ord. 87-65 dated July 1987, Ord. 88-12 dated February 1988, Ord. 93-01 dated January 1993, Ord. 99-071 dated June 1, 1999), as amended by Ord. 06-183 dated May 2006;
(4) City of Wasilla Comprehensive Plan. October 1992, revised April 1996, adopted 1996, amended 1999, to include City of Wasilla Trails Plan; City of Wasilla Alaska Railroad Relocation Reconnaissance Study, dated June 2003, adopted 2004; City of Wasilla Hazard Mitigation Plan (Phase I – Natural Hazards), adopted 2005, as amended by Ordinance Serial No. 11-135, adopted October 18, 2011; City of Wasilla Downtown Area Plan;
(5) City of Houston Comprehensive Plan, as amended July 2003. (Ordinance Serial No. 81-151 dated June 1982, as amended by Ordinance Serial No. dated September 1984, Ordinance Serial No. dated August 1985, Ordinance Serial No. dated October, 1985, Ordinance Serial No. 86-009, Ordinance Serial No. 86-010, and Ordinance Serial No. 86-011 dated February 1986, Ordinance Serial No. 86-017 dated March 1986, Ordinance Serial No. 86-031 dated May 1986, Ordinance Serial No. 86-111 dated November 1986, Ordinance Serial No. 87-147 dated December 1987, Ordinance Serial No. 90-032 dated May 1990, Ordinance Serial No. 99-070, Ordinance Serial No. 03-108 dated July 2003, Ordinance Serial No. 17-019, dated February 2017);
(6) Chickaloon Comprehensive Plan (Ord. 91-080 dated August 1991, Ord. 95-163 dated December 19, 1995, Ord. 08-138 dated September 16, 2008);
(7) Chase Comprehensive Plan, adopted 2017;
(8) Matanuska-Susitna Borough Core Area Comprehensive Plan, September 1993, amended September 1997; amended September 2007;
(9) Glacier View Comprehensive Plan (Ord. 94-88(AM) dated November 1994; as amended by Ord. 06-039 dated February 2006; as amended by Ord. 08-162 dated December 2008);
(10) Big Lake Community Council Area, Comprehensive Plan (Ord. 09-060 dated August 4, 2009) as appended on January 26, 2016, by Ordinance Serial No. 15-143;
(11) Knik-Fairview Comprehensive Plan, adopted 1997;
(12) Long Range Transportation Plan, August 1997, adopted 1997; as amended by Ordinance Serial No. 07-070, dated June 2007; as amended by Ordinance Serial No. 17-114, dated December 5, 2017;
(a) Matanuska-Susitna Borough Bicycle and Pedestrian Plan adopted 2023;
(13) Talkeetna Comprehensive Plan, January 1998, amended March 1999;
(14) Petersville Road Corridor Management Plan, adopted 1998;
(15) Lake Louise Comprehensive Plan, adopted 1998;
(16) Matanuska-Susitna Borough Recreational Trails Plan, adopted 2000, amended on August 17, 2004, with Ordinance Serial No. 04-152, on June 6, 2006, with Ordinance Serial No. 06-098, on May 15, 2007, with Ordinance Serial No. 07-061, on June 17, 2008, with Ordinance Serial No. 08-080, on May 5, 2009, with Ordinance Serial No. 09-063, on September 21, 2010, with Ordinance Serial No. 10-094, and on June 20, 2017, with Ordinance Serial No. 17-040;
(17) Sutton Comprehensive Plan, adopted 2000;
(18) Matanuska-Susitna Borough Parks, Recreation and Open Space Plan, adopted June 2001;
(a) Lazy Mountain Recreation Area Master Plan, adopted 2014;
(b) Crevasse Moraine Master Plan, adopted 2014;
(c) Matanuska River Park Master Plan, adopted 2014; and
(d) Ridge Trail Development Plan;
(19) Meadow Lakes Comprehensive Plan, adopted as amended by the assembly, 2005;
(20) Mat-Su Borough Primary Healthcare Plan 2005-2015, adopted March 2006;
(21) 2005 Y Community Comprehensive Plan, adopted March 6, 2007;
(22) Knik Arm Bridge and Toll Authority Historic Preservation Plan, adopted November 20, 2007;
(23) Lazy Mountain Comprehensive Plan, adopted March 4, 2008;
(24) Regional Aviation Systems Plan and Airport Location Study, adopted 2008;
(25) Matanuska-Susitna Borough Joint Land Use Study, adopted 2010;
(26) Economic Development Strategic Plan, adopted August 3, 2010;
(27) Matanuska-Susitna Borough Asset Management Plan: Natural Resource Management Units, adopted 2010, updated 2019;
(28) Matanuska River Management Plan;
(29) Point MacKenzie Community Comprehensive Plan, adopted 2011 (Ord. 11-052 dated July 19, 2011);
(30) Wetlands Management Plan;
(31) Hatcher Pass Government Peak Unit Asset Management and Development Plan (Ord. 12-133 dated November 20, 2012);
(32) The Willow Area Community Historic Preservation Plan, adopted January 15, 2013;
(33) Willow Area Community Comprehensive Plan, adopted August 20, 2013;
(34) City of Houston Local Hazard Mitigation Plan (Ordinance Serial No. 18-109 dated December 11, 2018);
(35) Matanuska-Susitna Borough Stormwater Management Plan;
(36) South Knik River Comprehensive Plan;
(37) Matanuska-Susitna Borough Energy Policy, adopted by Ordinance Serial No. 14-051;
(38) South Big Lake Road Realignment (West Susitna Parkway Extension) Access Management Plan;
(39) Matanuska-Susitna Borough Metropolitan Planning Organization (MPO) Self Assessment, January 2016;
(40) Louise Susitna Tyone Lakes Comprehensive Plan Update, adopted in June 2016, amending the Lake Louise Comprehensive Plan adopted 1998;
(41) Fishhook Comprehensive Plan, adopted 2017;
(42) Corridor Access Management Plan for Seldon Road Extension Church Road to Pittman Road;
(43) Matanuska-Susitna Borough Public Libraries Strategic Plan (2018-2022);
(44) 2023 Coordinated Human Services Transportation Plan, adopted September 2023;
(45) Matanuska-Susitna Air Quality Management Plan, adopted 2018;
(46) Official Streets and Highways Plan, adopted 2022.
(C) Unless there is an imminent threat to the public health, safety, welfare, or a lake’s water quality, lake management plans shall not be amended for a period of two years from the date of adoption, or the last amendment date. The following lake management plans have been adopted by the commission and assembly as parts of the overall borough comprehensive plans:
(1) Knik Lake, Lake Management Plan, May 1995, adopted 1995.
(2) Crooked Lake, Lake Management Plan, May 1995, adopted 1995.
(3) Honeybee Lake, Lake Management Plan, October 1995, adopted 1995.
(4) Rainbow Lake, Lake Management Plan, October 1995, adopted 1995.
(5) Island and Doubloon Lake, Lake Management Plan, May 1995, adopted 1995.
(6) West Papoose Lake, Lake Management Plan, May 1995, adopted 1995.
(7) John Lake, Lake Management Plan, May 1995, adopted 1995.
(8) Crystal Lake, Lake Management Plan, May 1995, adopted 1995.
(9) Bonnie Lake Area, Lake Management Plan, September 1996, adopted 1996.
(10) Wolf Lake, Lake Management Plan, July 1997, adopted 1997.
(11) Twin Island Lake, Lake Management Plan, July 1997, adopted 1997.
(12) Fish Lake, Lake Management Plan, August 1997, adopted 1997.
(13) Blodgett Lake, Lake Management Plan, August 1997, adopted 1997.
(14) Big Lake, Lake Management Plan, adopted August, 1998.
(15) Memory Lake, Lake Management Plan, adopted September 1998.
(16) Toad Lake, Lake Management Plan, adopted September 1998.
(17) Walby Lake, Lake Management Plan, adopted September 1998.
(18) Question, Little Question, Lake Five and Unnamed Lakes, Lake Management Plan, adopted September 1998.
(19) Marilee Lake, Lake Management Plan, adopted September 1998.
(20) Diamond Lake, Lake Management Plan, March 1999, adopted 1999.
(21) Christiansen Lake, Lake Management Plan, September 1999, adopted 1999.
(22) Neklasen and Lower Neklasen Lakes, Lake Management Plan, January 2000, adopted 2000.
(23) Marion Lake, Lake Management Plan, November 2000, adopted 2000.
(24) Long Lake (Houston), Lake Management Plan, November 2001, adopted 2001.
(25) Three Mile Lake, Lake Management Plan, November 2002, adopted 2002.
(26) Wolverine Lake, Lake Management Plan, June 2004, adopted 2004.
(27) Whiskey Lake, Lake Management Plan, June 2004, adopted 2004.
(28) Little Lonely Lake, Lake Management Plan, May 2005, adopted 2005.
(29) Jean Lake, Lake Management Plan, November 2005, adopted 2006.
(30) Liten Lake, Lake Management Plan, November 2005, adopted 2006.
(31) Shirley Lake, Lake Management Plan, adopted 2006.
(32) Florence Lake, Lake Management Plan, adopted 2006.
(33) Carpenter Lake, Lake Management Plan, adopted 2006.
(34) Stevens and Oriana Lake, Lake Management Plan, adopted 2007.
(35) Paradise Lake, Lake Management Plan, adopted 2007.
(36) Morvro Lake, Lake Management Plan, adopted 2007.
(37) Jacobsen Lake, Lake Management Plan, adopted 2008.
(38) Sunbeam and Suncrest Lakes, Lake Management Plan, adopted 2008.
(39) Little Beaver Lake, Lake Management Plan, adopted 2008.
(40) Lake of the Woods, Lake Management Plan, adopted 2010.
(41) Caswell Lake, Lake Management Plan, adopted 2014.
(42) Beverly Lake, Lake Management Plan, adopted 2022.
(D) The borough engages in land disposals in accordance with the authority contained in A.S. Title 29 and in accordance with the procedures contained in MSB Title 23.
(E) The Matanuska-Susitna Borough Community Health Plan, 1997, has been adopted by the commission and assembly as part of the overall borough comprehensive plan.
(F) Point MacKenzie Port Master Plan, January 1998, amended May 1999, amended February 2011, amended April 2016, has been adopted by the commission and assembly as part of the overall borough comprehensive plan.
(G) The Matanuska-Susitna Borough Rail Corridor Study, June 2003, has been adopted by the commission and assembly (adopted by the assembly as amended) as part of the overall Matanuska-Susitna Borough Comprehensive Plan.
(H) The Matanuska-Susitna Borough Hazard Mitigation Plan 2020 Update has been adopted by the assembly and the planning commission as part of the overall Matanuska-Susitna Borough Comprehensive Plan.
(Ord. 23-074, § 2, 2023; Ord. 23-068, § 2, 2023; Ord. 22-078, § 3, 2022; Ord. 22-063, § 4, 2022; Ord. 21-007, § 2, 2021; Ord. 19-097, §§ 6, 7, 2019; Ord. 19-032, § 7, 2019; Ord. 18-109, § 2, 2018; Ord. 18-098, § 2, 2018; Ord. 18-097, § 2, 2018; Ord. 17-148, § 3, 2017; Ord. 17-140, § 3, 2017; Ord. 17-114, § 2, 2017; Ord. 17-111, § 2, 2017; Ord. 17-040, § 3, 2017; Ord. 17-022, § 3, 2017; Ord. 17-019, § 3, 2017; Ord. 16-081, § 2, 2016; Ord. 16-022, § 3, 2016; Ord. 16-012, § 2, 2016; Ord. 15-143, § 2, 2016; Ord. 14-114, § 3, 2014; Ord. 14-082, § 3, 2014; Ord. 14-051, § 2, 2014; Ord. 14-042, § 3, 2014; Ord. 14-043, § 3, 2014; Ord. 14-040, § 2, 2014; Ord. 13-137, § 3, 2013; Ord. 13-120, § 2, 2013; Ord. 13-109, § 3, 2013; Ord. 12-056, § 3, 2013; Ord. 12-133, § 4, 2012; Ord. 12-097, § 2, 2012; Ord. 11-135, § 2, 2011; Ord. 11-052, § 3, 2011; Ord. 11-007, § 2, 2011; Ord. 10-094, § 3, 2010; Ord. 10-089, § 3, 2010; Ord. 10-083, § 8, 2010; Ord. 10-059, § 3, 2010; Ord. 10-039, § 3, 2010; Ord. 10-038, § 3, 2010; Ord. 09-060(AM), § 3, 2009; Ord. 09-063, § 3, 2009; Ord. 08-162, § 3, 2008; Ord. 08-138, § 2, 2008; Ord. 08-089, § 2, 2008; Ord. 08-080, § 3, 2008; Ord. 08-073, § 3, 2008; Ord. 08-042, § 3, 2008; Ord. 08-030, § 2, 2008; Ord. 08-019, § 3, 2008; Ord. 08-006, § 3, 2008; Ord. 07-174, § 3, 2007; Ord. 07-131, § 2, 2007; Ord. 07-070, § 4, 2007; Ord. 07-035, § 3, 2007; Ord. 07-024(AM), § 3, 2007; Ord. 07-020, § 2, 2007; Ord. 07-011, § 2, 2007; Ord. 06-183, § 2, 2005; Ord. 06-107, § 3, 2006; Ord. 06-098, § 3, 2006; Ord. 06-079, § 3, 2006; Ord. 06-074(AM), § 3, 2006; Ord. 06-057, § 2, 2006; Ord. 06-039, § 3, 2006; Ord. 06-019, § 3, 2006; Ord. 06-018, § 3, 2006; Ord. 06-001, § 2, 2006; Ord. 05-191, § 2, 2005; Ord. 05-174, § 2, 2005; Ord. 05-158, § 2, 2005; Ord. 05-150, § 2, 2005; Ord. 05-063, § 3,
2005; Ord. 05-011 (AM), § 3, 2005; Ord. 04-193, § 3, 2004; Ord. 04-145, § 3, 2004; Ord. 04-139, § 3, 2004; Ord. 02-202, § 3, 2002; Ord. 02-194, § 2, 2002; Ord. 01-188, § 3, 2001; Ord. 01-095, § 2, 2001; Ord. 01-078, § 2, 2001; Ord. 00-176, § 3, 2000; Ord. 00-048, § 3, 2000; Ord. 00-030, § 3, 2000; Ord. 00-005, § 3, 2000; Ord. 99-150, § 3, 1999; Ord. 99-095, § 2, 1999; Ord. 99-084, § 3, 1999; Ord. 99-071, § 2, 1999; Ord. 99-070, § 2, 1999; Ord. 99-066(AM), § 3, 1999; Ord. 99-054(AM), § 2, 1999; Ord. 98-139, § 3, 1998; Ord. 98-120, § 3, 1998; Ord. 98-119 (AM), § 3, 1998; Ord. 98-118, § 3, 1998; Ord. 98-117, § 3, 1998; Ord. 98-116, § 3, 1998; Ord. 98-111, § 3, 1998; Ord. 98-110, § 3, 1998; Ord. 98-52, § 2, 1998; Ord. 98-009, §§ 2, 3, 1998; Ord. 97-175, § 2, 1997; Ord. 97-122, § 3, 1997; Ord. 97-118, § 2, 1997; Ord. 97-117, § 2, 1997; Ord. 97-112, § 3, 1997; Ord. 97-110, § 3, 1997; Ord. 97-085, § 3, 1997; Ord. 97-076, § 3, 1997; Ord. 97-033AM, §§ 3—6, 1997; Ord. 96-170, § 2, 1996; IM 96-030, pages 1, 2, presented 11-19-96; Ord. 96-140, § 3, 1996; Ord. 96-097, § 3, 1996; Ord. 96-095, § 3, 1996; Ord. 96-094, § 3, 1996; Ord. 96-093, § 3, 1996; Ord. 96-038, §§ 2, 3, 1996; Ord. 95-163, § 3, 1995; Ord. 95-157AM, §§ 3, 4 (part), 1995; Ord. 95-136, § 3, 1995; Ord. 95-135AM, § 3, 1995; Ord. 95-087, § 3, 1995; Ord. 95-086AM, § 3, 1995; IM 95-006, pg. 4, presented 3-7-95; Ord. 94-096(sub1), § 2, 1994; Ord. 94-088AM, § 2, 1994; Ord. 94-071(sub1), § 4 (part), 1994; Ord. 93-144, § 2, 1993; Ord. 93-071AM1, § 2, 1993; Ord. 93-034, § 2, 1993; Ord. 93-001, § 2, 1993; Ord. 92-104, § 2, 1992; Ord. 91-080, § 2, 1991; Ord. 91-078, § 2, 1991; Ord. 73-5, § 3 (part), 1973)
Editor’s Note:
MSB 15.24.030(B)(11) was repealed and recodified as MSB 15.24.030(D) by Ord. 97-033(AM), §§ 4 and 6. A new MSB 15.24.030(B)(11) was added by § 5.
15.24.031 INITIATING AND AMENDING LAKE MANAGEMENT PLANS.
(A) The following process shall be followed to initiate a lake management plan:
(1) A petition shall be submitted to the planning department requesting a lake management plan for a specific lake or lakes. Borough, state, and federally owned parcels, not held in trust, will not be counted toward the petition threshold.
(2) The planning department shall certify a petition to initiate a lake management plan only if the petition contains the following:
(a) signatures of at least 50 percent of all shoreline property owners (as listed by borough tax assessment records) dated within 90 calendar days preceding submission of the petition to the planning department;
(b) the mailing address and legal description of each property, or the property’s borough tax identification number, for each petitioner; and
(c) the printed name and phone number or email address of each petitioner.
(3) Within 60 calendar days of receipt of a certified petition, the planning department shall mail numbered notices to all shoreline property owners (as listed by borough tax assessment records) requesting the property owner to indicate whether or not they are in favor of initiating a lake management plan. One notice per parcel will be mailed using certified mail. A return envelope addressed to the planning department, and a deadline of not less than 60 calendar days for responding in writing shall be specified in the notice. The notice shall state that a lake management plan will be initiated if more than 50 percent of all shoreline property owners responding to the planning department prior to the deadline are in favor of developing a lake management plan.
(4) The written responses returned to the planning department prior to the deadline will be tabulated. A lake management plan will be initiated if more than 50 percent of all shoreline property owners responding are in favor of developing a lake management plan. Borough, state, and federally owned parcels not held in trust will not be counted toward the tabulation.
(5) The planning department shall notify all shoreline property owners (as listed by borough tax assessment records) whether or not a lake management plan will be initiated.
(6) When a lake management plan is initiated, the planning department shall provide a notice to the appropriate community council and assembly member, post a notice at the public access points to the respective lake as identified through current use, post a notice in a newspaper of general circulation distributed within the borough, and develop a public-facing project website to be updated regularly throughout the planning process.
(7) The planning department shall facilitate at least three lake management plan meetings that shall be open to the public and advertised in a newspaper of general circulation distributed within the borough.
(8) Planning staff shall draft a lake management plan based on community input from public meetings, written comments, and the assembly adopted guidelines for lake usage based on lake size and depth.
(9) Residents shall have 30 days to review the draft plan and its proposed regulations.
(10) The planning department will have 30 days after the community review period to make the final edits to the plan.
(11) The planning department shall mail numbered ballots to all shoreline property owners (as listed by borough tax assessment records) to indicate whether or not they are in favor of moving the lake management plan forward to the planning commission and assembly. One ballot per parcel will be mailed using certified mail. The ballot shall include one postage paid, return envelope addressed to the planning department. The ballot shall specify a deadline of not less than 60 calendar days for responding in writing to the planning department. The notice shall state that a lake management plan will be brought to the planning commission and assembly if more than 60 percent of all responding shoreline property owners are in favor of the lake management plan.
(12) If more than 60 percent of all ballots received by the planning department by the ballot deadline are in favor of the lake management plan, the planning department will present the plan and its corresponding ordinance to the planning commission and assembly for public hearing.
(B) The following process shall be followed to amend an adopted lake management plan:
(1) Lake management plan amendments shall be in compliance with MSB 15.24.030.
(2) A lake management plan amendment process shall follow the steps of initiating a lake management plan in accordance with subsection (A) of this section.
(Ord. 23-008, § 2, 2023; Ord. 15-063, § 2, 2015; Ord. 03-044(AM), § 2, 2003; Ord. 99-102(AM), § 2, 1999)
15.24.032 AMENDING STATE MANAGEMENT PLANS AFFECTING BOROUGH LANDS.
(A) For the purposes of this section, the following definitions shall apply:
(1) “Amendment” means permanently changing the land use plan by adding to or modifying the basic management intent for one or more of the plan’s subunits or by changing its allowed or prohibited uses, policies, or guidelines.
(2) “Special exception” means the provisions of a land use plan are not permanently changed and cannot be used as a basis for a reclassification of the subunit. Instead, it allows a one-time, limited-purpose variance of the plan’s provisions, without changing the plan’s general management intent or guidelines.
(3) “Minor change” means a change to a land use plan that does not modify or add to the (plan’s) basic intent, and serves only to clarify the plan, make it consistent, facilitate its implementation, or make technical revisions.
(B) Amendments, special exceptions, and minor changes to state management plans affecting borough lands shall be processed in the manner described in this section.
(1) All special exceptions and minor changes shall be approved by the borough planning commission, and the borough assembly shall be informed of their decision by informational memorandum. Proposed amendments shall be reviewed by the borough planning commission and adopted by ordinance of the borough assembly.
(2) Public notice of proposed changes shall be advertised in the local newspaper prior to planning commission consideration and mailed to the affected community councils, if any, the Alaska State Department of Natural Resources and, if the proposed change is limited to one subunit, notice will be mailed to all adjacent property owners within 600 feet of the subject property.
(Ord. 96-139, § 2, 1996)