Chapter 17.12 ADMINISTRATION AND ENFORCEMENT

Chapter 17.12
ADMINISTRATION AND ENFORCEMENT

Sections:

17.12.010 Purpose and applicability.

17.12.020 Decision-making authorities.

17.12.030 Review matrix.

17.12.040 Schedule of fees, charges and expenses.

17.12.050 Permit applications.

17.12.060 Permit and application records.

17.12.070 Comprehensive plan amendments.

17.12.080 Zoning ordinance text and map amendments.

17.12.090 Conditional use permits.

17.12.100 Variance and administrative adjustments.

17.12.110 Zoning clearance review.

17.12.120 Temporary land use permits.

17.12.130 Pre-application meeting.

17.12.140 Appeals.

17.12.150 Title 17 violations.

17.12.160 Public hearings and notification requirements.

17.12.170 Annexation.

17.12.010 Purpose and applicability.

A. Purpose. The purpose of this chapter is to establish the decision-making authorities, review procedures, and enforcement actions that shall apply the provisions of this title.

B. Applicability. The provisions of this chapter shall apply to situations that apply to the establishment of a new use on a lot, expansions of an existing use on a lot, new development projects, subdivision activities, construction activities, and modifications to previous approvals. These provisions are also applicable to situations where a use is in violation with this title. (Ord. 24-01 § 1)

17.12.020 Decision-making authorities.

A. General. This section establishes the decision-making authorities and their powers to interpret the provisions of this title, review and act on specified land use and development proposals, and/or recommend certain actions to a higher-level decision-making authority. Decision-making authorities are established in Title 2.

B. City Council.

1. Powers and Duties. The council possesses the following authority as it relates to various land use permits/applications associated with this title. The council shall follow the review criteria, process, and standards outlined in this title.

a. Zoning and Code Amendments. The council shall review and take action on requests to amend, update, or replace the official zoning map, code text, and other regulatory provisions. The council may approve, approve with modifications, or deny requests affecting the city’s zoning map and code.

b. Comprehensive Plan. The council shall review and take action on requests to amend, update, or replace the comprehensive plan including maps, text, and exhibits therein. The council may approve, approve with modifications, or deny requests amending the city’s comprehensive plan.

c. Other Permits. The council shall review and take action on other permits designated by this title.

d. Appeals. The council shall review and take action on appeals related to reviews pursuant to Table 17.12.030-1, Review Matrix. In this review, the council may adhere to the decision made by the previous decision-making authority or issue a new finding on the subject case.

e. Other Plans. The council may review and take action on other planning documents.

f. Developer Agreements. The council may review and take action on developer agreements as it relates to land use and development.

C. Planning and Zoning Commission.

1. Powers and Duties. The planning and zoning commission possesses the following authority as it relates to the various land use permits/applications associated with this title. The planning and zoning commission shall follow the review criteria, process, and standards, as outlined in this title. The following lists powers and duties granted to the planning and zoning commission:

a. Conditional Use Permits. The planning and zoning commission shall review and take action on conditional use permits and amendments thereto. The planning and zoning commission shall approve, approve with conditions, or deny conditional use permits.

b. Variances. The planning and zoning commission shall review and take action on variance requests and amendments thereto. The planning and zoning commission shall approve, approve with conditions, or deny variance requests.

c. Zoning and Comprehensive Plans. The planning and zoning commission shall provide the city council with a recommendation to approve, approve with limitations, or deny requests to amend this title, the city’s official zoning map, and/or the city’s comprehensive plan.

d. Other Plans. The planning and zoning commission shall provide the city council with a recommendation to approve, approve with limitations, or deny special studies/plans related to land use, zoning, and land development.

e. Other Permits. The planning and zoning commission shall review and take action on other permits designated by this title, the VMC, and/or as directed by the city council.

f. Appeals. The planning and zoning commission shall review and take action on appeals as set forth in Table 17.12.030-1, Review Matrix. The planning and zoning commission shall adhere to the department review decision or issue a new finding on the subject appeal.

D. Community Development Department.

1. Community Development Department. The Valdez community development department is designated as the primary administrator of this title. The community development director, or designee, shall have the authority to interpret the standards outlined in this title. The community development director may designate a person (designee) to carry out the functions and duties of the community development director identified in this chapter.

2. Powers and Duties. The community development department is granted the following authority as it relates to the various land use actions associated with this title.

a. Conditional Use Permits. The community development director, or designee, shall review and make recommendations to the decision-making authority pertaining to conditional use permits and amendments thereto; the process shall include review and comment from other city departments, as appropriate.

b. Variances. The community development director, or designee, shall review and make recommendations pertaining to variance requests.

c. Administrative Adjustments. The community development director, or designee, shall review and take action on administrative adjustments.

d. Zoning Code and Comprehensive Plan Amendments. The community development director, or designee, shall review and make recommendations to the planning and zoning commission and city council pertaining to amendments to the zoning code, the city’s official zoning map, and the city’s comprehensive plan.

e. Special Studies. The community development director, or designee, shall review and make recommendations to the decision-making authority pertaining to special studies or other plans affecting the city.

f. Zoning Review and Zoning Interpretations. The community development director, or designee, shall make land use clearance determinations. The community development director shall make interpretations relating to this title and the official zoning map.

g. Enforcement. The community development director, or designee, is primarily responsible for enforcement of this title.

3. Other Departments. Other municipal departments may provide additional technical review and guidance related to land use and enforcement matters. The community development director, or designee, may solicit reviews by various departments as appropriate. (Ord. 24-01 § 1)

17.12.030 Review matrix.

A. General. Review procedures established in this section are applicable to any development or land use located within the city of Valdez.

B. Review Matrix. The review matrix is provided as Table 17.12.030-1. The review matrix identifies each land use action along with the corresponding review authority, decision-making authority and appellate authority.

Table 17.12.030-1 Review Matrix
Permit/Application Type	Reviewing Authority (Recommendation)	Decision-Making Authority	Appellate Authority
Comprehensive Plan Amendments	Community Development Department Planning and Zoning Commission	City Council	Superior Court or Court of Competent Jurisdiction
Zoning Code and Zoning Map Amendments	Community Development Department Planning and Zoning Commission	City Council	Superior Court or Court of Competent Jurisdiction
Conditional Use Permits	Community Development Department	Planning and Zoning Commission	1st Appeal: City Council 2nd Appeal: Superior Court or Court of Competent Jurisdiction
Variances	Community Development Department	Planning and Zoning Commission	1st Appeal: City Council 2nd Appeal: Superior Court or Court of Competent Jurisdiction
Administrative Adjustments	Planning Staff	Community Development Director	1st Appeal: Planning and Zoning Commission 2nd Appeal: City Council
Zoning Clearances (stand-alone applications)	Planning Staff	Community Development Director or designee	1st Appeal: Planning and Zoning Commission 2nd Appeal: City Council
Code Interpretation	Planning Staff	Community Development Director	1st Appeal: Planning and Zoning Commission
Temporary Land Use Permits—Short-Term	Planning Staff	Community Development Director	1st Appeal: Planning and Zoning Commission 2nd Appeal: City Council
Temporary Land Use Permits—Long-Term	Community Development Department	Planning and Zoning Commission	1st Appeal: City Council 2nd Appeal: Superior Court or Court of Competent Jurisdiction
Minor Permit Amendments	Planning Staff	Community Development Director	1st Appeal: Planning and Zoning Commission 2nd Appeal: City Council
Major or Other Permit Amendments	See Section 17.12.140	See Section 17.12.140	Other Amendments: See Appellate Authority for the Specific Permit/Application Type
Enforcement Orders	Planning Staff	Community Development Director	1st Appeal: Planning and Zoning Commission 2nd Appeal: City Council

(Ord. 24-01 § 1)

17.12.040 Schedule of fees, charges and expenses.

A. General. The city council shall adopt a schedule of fees that shall be paid by the applicant for the specific requests/applications outlined in this title. The schedule of fees shall be adopted by resolution and is hereby referenced by this title.

B. Payment of Fees. The city, its staff, and departments shall not take action on any request/application until all applicable fees, charges, and expenses have been paid in full by the applicant.

C. Fee Refunds. The city may issue a refund for any request/application that is withdrawn by the applicant so long as no final action has been made by the decision-making authority pursuant to Table 17.12.030-1.

D. Associated Expense. The city may charge the applicant any associated expenses that may be warranted to conduct a thorough and complete review of a request/application that are in addition to standard staff time. These expenses may include, but are not limited to, third-party consultants, technical advisors, technical studies, and other scientific/engineering studies. In those situations, the city shall notice the applicant of the additional review expense and provide a good faith estimate of the costs before expenses are incurred. (Ord. 24-01 § 1)

17.12.050 Permit applications.

A. General. The city shall make available an application with detailed submittal requirements for each land use permit listed in this title. Applicants shall be required to submit a complete application and the associated technical materials so that the city staff and the decision-making authorities may conduct a thorough review and take action on said requests/applications.

B. Review Procedures. The city shall process all applications pursuant to Table 17.12.030-1 and the provisions listed under each of the subsequent sections as they relate to the specific request/application type.

C. Submittal Allowances. The community development director may waive some of the submittal requirements listed in this title when they determine the information is not warranted for the subject request/application. (Ord. 24-01 § 1)

17.12.060 Permit and application records.

A. General. The city clerk shall maintain records of formal permits and applications relating to this title. The community development director shall create and implement internal procedures for providing the city clerk with current and past permit and application documentation.

B. Action Records. The city shall be responsible for maintaining records regarding the final decision-making authority’s actions pertaining to permits and applications associated with this title. (Ord. 24-01 § 1)

17.12.070 Comprehensive plan amendments.

A. Purpose. The purpose of this section is to identify the limitations and procedure for amending or updating the comprehensive plan.

B. Applicability. The provisions of this section apply to any changes, updates, or revisions to the city’s comprehensive plan including changes to its text, exhibits, and associated maps. For applications initiated by city staff, planning and zoning commission or city council, all provisions of this section apply except for fee requirements.

C. Approval Considerations.

1. Limitations. The city council shall have the authority to limit its approval of amendments to the comprehensive plan to protect the surrounding character, limit certain land use activities, protect public health, safety, and welfare, the environment, and preserve the goals and intent of the community’s long-range vision for the city.

D. Submittal Requirements. Applicants for a comprehensive plan amendment shall provide the following items to the city to commence the review:

1. Application and Fee(s). Applicants shall provide a complete application and pay associated fees at the time of submittal. Additional expenses incurred by the city that are associated with the review may be paid at a later date but prior to action being taken on the application.

3. Proposed Amendments Documentation. Applicants shall provide documentation that clearly explains the proposed amendments.

a. Text Amendments. Applicants shall provide proposed text amendments in underline/strike-through format to demonstrate how the proposed changes compare with existing text. Proposed additions shall be displayed as underline text and proposed omissions shall be displayed as strike-through text.

b. Map Amendments. Applicants shall provide proposed map amendments on a figure that clearly delineates the proposed changes.

4. Map Set. At the discretion of the community development director, and depending on the amendment proposed, applicants may be required to provide a map set to graphically illustrate the surrounding context. When required, map set may include the following:

a. Property Location Map. This shall be a scaled drawing or current aerial photograph that identifies/delineates the subject properties and shows the surrounding context.

b. Natural Resources Map. This shall be a scaled drawing or aerial photograph identifying and labeling natural resources in and around the subject properties. Where natural resources are present, the map shall show/label streams, wetlands, shorelines, forested areas, protected habitat (pursuant to state and federal law), areas with steep slopes, groundwater recharge areas, and similar features.

c. Natural Hazards Map. This shall be a scaled drawing or aerial photograph identifying and labeling natural hazards on and around the subject property. Where hazards are present, the map shall show/label flood zones, avalanche zones, areas of unstable soils/landslide areas, and other similar hazards that should be considered.

d. Utilities Map. This shall be a scaled drawing or aerial photograph identifying and labeling existing utilities service lines on and around the subject property. Where utilities are present, the map shall show/label potable water lines, sanitary sewer lines, reservoirs, treatment plants, and public stormwater management facilities.

e. Zoning Map. This shall be a scaled drawing of the current zoning designations on and around the subject property.

5. Technical Studies. At the discretion of the community development director, and depending on the amendment proposed, the applicant may be required to submit technical studies to justify the proposed comprehensive plan amendment and to demonstrate consistency with other goals and policies therein. These may include, but are not limited to, traffic studies, drainage studies, environmental impact statements, environmental site assessments (ESAs), natural hazard studies, and/or visual impact studies.

E. Amendment Procedure. Applications to amend the comprehensive plan shall be reviewed pursuant to Table 17.12.030-1. The city shall process the application pursuant to the following procedures:

1. Initial Submittal and Completeness Review. Upon receipt of an application submittal, the community development department shall review the submittal for completeness. Where the submittal lacks the required information, the community development department shall cease its review and notify the applicant of deficient information/items. After the applicant addresses the deficient items, the community development department may restart its review.

2. Sufficiency Review. The community development department will conduct a thorough review of the application’s consistency with other goals and policies within the comprehensive plan, other applicable regulatory and policy documents. The review shall also assess potential impacts relating to public safety, natural resource protection, natural hazards, public services, and existing land uses. The community development department may circulate the application submittal to other city departments for comment. The community development department shall provide written comments to the applicant detailing elements of the application that are inconsistent with city standards or fail to address potential negative impacts to humans, the environment, infrastructure, and surrounding land uses.

3. Application Revisions. As applicable, the applicant may revise their application submittal to address the community development department’s comments. After the applicant provides a revised application packet, the community development department shall review the revised application for regulatory and policy compliance.

4. Staff Report. The community development director, or designee, shall write a staff report to the decision-making authority that (a) summarizes the proposed amendment(s) in terms of location, environmental conditions, existing land use, and proposed land use(s), (b) provides findings related to the applicable comprehensive plan goals and policies, (c) provides analysis of potential changes to this title that could occur as a result of the amendment, (d) provides findings related to potential impacts to public services, and (e) provides a recommendation to approve, approve with limitations, or deny the request. The staff report shall include the applicant’s complete submittal and any public comments as attachments.

5. Public Notice Required. The city shall provide public notice and document public comments regarding the comprehensive plan amendment application pursuant to Section 17.12.160.

6. Planning and Zoning Commission Hearing and Recommendation. The planning and zoning commission shall conduct a public hearing to review the comprehensive plan amendment application, review the staff report, hear staff, applicant, and public testimony, discuss the proposal, and make a formal recommendation to city council. Following the hearing, the community development department shall update its staff report to include the planning and zoning commission’s recommendation.

7. City Council Hearing and Decision. The city council shall conduct a public hearing to review the comprehensive plan amendment application, review the planning and zoning commission recommendation, review the staff report, hear staff, applicant, and public testimony, discuss the proposal, and take formal action to approve, approve with limitations, or deny the application. (Ord. 24-01 § 1)

17.12.080 Zoning ordinance text and map amendments.

A. Purpose. The city’s zoning code and the official zoning map are intended to implement the comprehensive plan, state and federal rules, protect health/safety, enforce environmental protection, and reduce conflicts amongst neighboring land uses. The purpose of this section is to outline the procedure for amending the zoning code and the official zoning map.

B. Applicability. The provisions of this section apply to any changes, updates, or revisions to the city’s zoning code including changes to its text, exhibits, and the official zoning map. These provisions apply to both city- and public-initiated amendments, with the exception that fees are not required for city-initiated applications. City-initiated amendments include those directed by city council, the planning and zoning commission, and/or the city manager.

C. Approval Considerations.

1. Limitations. The city council shall retain the authority to limit its approval of amendments to the zoning code and the official zoning map to limit certain land use activities, protect public health, safety, and welfare of humans and the environment, and ensure its ability to serve properties/individuals with adequate public services.

2. Comprehensive Plan Consistency. Amendments to this title and/or the official zoning map shall be consistent with the comprehensive plan.

D. Submittal Requirements. Application involving amendments to the zoning code and/or the official zoning map shall provide the following items to the city to commence the review:

1. Application and Fee(s). Applicants shall provide a complete application and pay associated application fees at the time of application filing. Additional expenses incurred by the city that are associated with the review may be paid at a later date but prior to action being taken on the application.

2. Narrative. Applicants shall provide a project narrative that describes the location, surrounding land uses, environmental features, proposed use(s), and proposed development activity, as applicable. The narrative shall describe how the proposed amendments align with the goals and policies within the comprehensive plan. For map amendments, the narrative shall identify whether the proposal will result in nonconforming situations that involve the existing structure and land uses within the subject property.

3. Proposed Amendments Documentation. Applicants shall provide documentation that clearly explains/delineates the proposed amendments.

b. Map Amendments. Applicants shall provide proposed map amendments on a figure that clearly delineates and labels the proposed changes.

4. Map Set. At the discretion of the community development director, and depending on the amendment proposed, applicants may be required to graphically illustrate the surrounding context, existing structures/land uses, relationship with other regulatory/policy maps, and to identify natural resources. The map set may include the following.

a. Property Location Map. This shall be a scaled drawing or a current aerial photograph that identifies/delineates the subject properties and shows the surrounding context in terms of structures, built features, and land uses, as applicable.

c. Natural Hazards Map. This shall be a scaled drawing or aerial photograph identifying and labeling natural hazards on and around the subject property. Where natural hazards are present, the map shall show/label flood zones, avalanche zones, areas of unstable soils/landslide areas, and other similar hazards that should be considered.

e. Comprehensive Plan Map (Place Types). This shall be a scaled drawing depicting the place type designations from the comprehensive plan. The subject property shall be delineated on the map.

5. Technical Studies. At the discretion of the community development director, the applicant may be required to submit technical studies to justify the proposed zoning code and/or official zoning map amendment and to demonstrate consistency with the comprehensive plan, mitigation of potential adverse impacts, and to address other state/federal requirements. These may include, but are not limited to, traffic studies, drainage studies, environmental impact statements, environmental site assessments (ESAs), land use studies, natural hazard studies, and/or visual impact studies.

a. Rezone Requests in the Future Industrial/Working Waterfront Place Type. Requests for rezoning of land within the future industrial/working waterfront place type shown in the comprehensive plan shall be accompanied by a study that presents the risks, costs and benefits of allowing development of the area. The study shall include data on the expected costs of extending and maintaining public infrastructure and services and an assessment of natural hazards.

b. Rezone Requests in the Future Residential/Recreation Place Type. Requests for rezoning of land within the future residential/recreation place type shown in the comprehensive plan shall be accompanied by a study that presents the risks, costs and benefits of allowing development of the area. Lands within the future residential/recreation place type are intended as second-priority development areas; therefore, the study shall include information showing that the area is appropriate for residential or recreational development at the time of application. The study shall include data on the expected costs of extending and maintaining public infrastructure and services and an assessment of natural hazards.

c. Rezone Requests to Planned Resort (PR) District. Only lands within the destination resort overlay place type within the Valdez comprehensive plan are eligible for rezoning to the PR district. Requests for rezoning to PR shall be accompanied by a study demonstrating feasibility for development, land use compatibility and sustainability, efficient provision of transportation and utility infrastructure and to suitably protect environmentally sensitive resources, community character, and natural features. Once the PR district has been established, a planned unit development (PUD) shall be approved prior to development. The PUD shall be accompanied by a detailed master plan for the development.

E. Review Procedure. Applications to amend the zoning code and/or the official zoning map shall be reviewed pursuant to Table 17.12.030-1. The city shall process the application pursuant to the following procedures:

2. Sufficiency Review. The community development department shall conduct a review of the application’s consistency with other municipal code provisions, the comprehensive plan, and other applicable regulatory and policy documents. The review shall also assess potential adverse impacts relating to public safety, natural resource protection, natural hazards, public services, and existing land uses. The community development department may circulate the application to other city departments for comment. The community development department shall provide written comments to the applicant detailing elements of the application that are inconsistent with city policies and/or fail to address potential negative impacts to humans, the environment, infrastructure, and surrounding land uses.

4. Staff Report. The community development director, or designee, shall write a staff report to the decision-making authority that (a) summarizes the proposed amendment(s) in terms of location, environmental conditions, existing land use, and proposed land use(s), (b) provides findings related to the applicable comprehensive plan goals and policies, (c) provides findings related to potential impacts to public services, and (d) provides a recommendation to approve, approve with limitations, or deny the request. The staff report shall include the applicant’s complete submittal and any public comments as attachments.

5. Public Notice Required. The city shall provide public notice and document public comments regarding zoning code and/or the official zoning map amendment application pursuant to Section 17.12.160.

6. Planning and Zoning Commission Hearing and Recommendation. The planning and zoning commission shall conduct a public hearing to review the application, review the staff report, hear staff, applicant, and public testimony, discuss the proposal, and make a formal recommendation to city council. Following the hearing, the community development department shall update its staff report to include the planning and zoning commission’s recommendation.

7. City Council Hearing and Decision. The city council shall conduct a first and second reading of the proposed amendment pursuant to the Valdez City Charter, Chapter IV, to review the application, planning and zoning commission recommendation, staff report, hear staff, applicant, and public testimony, discuss the proposal, and take formal action to approve, approve with limitations, or deny the application. (Ord. 24-01 § 1)

17.12.090 Conditional use permits.

A. Purpose. Conditional use permits are intended to establish a process to review specific land uses on a case-by-case basis through a public hearing process to examine and address potential impacts and compatibility concerns to the immediate vicinity.

B. Applicability. The provisions of this section apply to new uses or expansions of existing uses that are listed as “C” on the land use table contained in Section 17.16.040.

C. Approval Criteria. The planning and zoning commission shall evaluate whether the conditional use permit application complies with the criteria established in this section in determining to approve, approve with conditions, or deny the request. The planning and zoning commission may require the applicant to submit whatever reasonable evidence may be needed to protect the public interest.

1. Criterion 1: Site Suitability. The subject site shall be suitable to support the proposed conditional use and its associated structure(s) and site improvements. The planning and zoning commission shall consider topography, slope and soil stability, geophysical hazards, surface and subsurface drainage, and water quality conditions on and around the subject site and the probable effects of the proposed conditional use upon these factors.

2. Criterion 2: Utility, Sanitation, and Public Service Needs. The conditional use and the associated site improvements shall be adequately served by utilities, emergency responders, and a sanitation facility to ensure long-term safety for its occupants and surrounding populations. The planning and zoning commission shall consider whether adequate sewer/sanitation, storm drainage, potable water, fire protection, public safety, access, and electrical power exist to serve the proposed use and associated structures/site improvements.

3. Criterion 3: Zoning District Standards. With the exception of planned unit developments (PUDs), the proposed conditional use and its associated site improvement(s) shall comply with the dimensional standards of the zone it which it is. Notwithstanding, those zoning standards may be adjusted pursuant to a separate variance and/or administrative adjustment application.

4. Criterion 4: Specific Use Standards. The proposed conditional use and its associated site improvement(s) shall comply with the applicable specific use standards pursuant to Chapter 17.80.

5. Criterion 5: Comprehensive Plan Consistency. The proposed conditional use and its associated site improvement(s) shall be consistent with the comprehensive plan’s goals, policies, and maps in terms of land uses, development character, and scale.

6. Criterion 6: Nuisance Mitigation. The proposed conditional use and its associated site improvement(s) shall provide mitigation measures to address potential nuisances relating to excessive noise, lighting, vibration, traffic, debris and litter, and outdoor material storage.

7. Criterion 7: Access and Circulation. The proposed conditional use and its associated site improvement(s) shall provide adequate site access for motor vehicles, pedestrians, and cyclists. Applications shall not be approved where the proposed use would create undue traffic congestion or pose a safety hazard to motorists, pedestrians, and/or cyclists.

D. Submittal Requirements. Applications for a conditional use permit shall provide the following items to the city to commence the review:

2. Legal Description. Applicants shall provide a legal description of the property that is the subject of the conditional use application.

3. Narrative. Applicants shall provide a project narrative that describes the location, proposed use(s), proposed site improvements, and zoning district. The narrative shall describe the existing and proposed building sizes, proposed density (as applicable), parking and access, and environmental conditions on and adjacent to the subject site. The narrative shall list all the specific use standards that are applicable to the proposal and provide a response describing how the proposal complies with those standards. The narrative shall list all of the conditional use review criteria and provide a response describing how the proposal complies with those criteria.

4. Plan Set. Applicants shall provide a plan set to illustrate the proposed site improvements. A plan set may only be required where the proposed conditional use application includes new buildings and/or site improvements. At the discretion of the community development director, the plan set may include the following:

a. Property Survey. This shall be a scaled drawing with a surveyor’s seal that graphically depicts the current parcel configuration with boundary dimensions, depicts current easements, and illustrates the exact location and dimensions of existing site improvements (e.g., structures, pavement areas, etc.). The survey shall also include a legal description.

b. Site Plan. This shall be a scaled drawing that depicts the proposed site layout, building locations, vehicular and pedestrian circulation, open space and recreation areas, parking layout, and any other information necessary to visually describe the proposed project.

c. Subdivision Plat. This shall be a scaled drawing showing the proposed lot configurations, easements, tracts, and rights-of-way. This shall only be required where subdivision activities are proposed as part of the conditional use permit request.

d. Grading and Drainage Plan. This shall be a scaled drawing showing existing and proposed contours, and proposed drainage features.

e. Utilities Plan. This shall be a scaled drawing showing existing and proposed utility service lines, connection points, and sanitation elements.

f. Building Elevations. This shall be scaled drawings showing the proposed building elevations for primary structures. The elevations shall include dimensions and material labels. Elevations are not required for accessory structures under one thousand square feet.

5. Technical Studies. At the discretion of the community development director, the applicant may be required to submit technical studies to demonstrate compliance with the conditional use review criteria. These may include, but are not limited to, traffic studies, drainage studies, noise and vibration studies, and/or visual impact studies.

E. Review Procedure. Conditional use applications shall be reviewed pursuant to Table 17.12.030-1. The city shall process the application pursuant to the following procedures:

1. Initial Submittal and Completeness Review. Upon receipt of an application submittal, the community development department shall review the submittal for completeness. Where the submittal lacks the required information, the community development department shall cease its review and notify the applicant of deficient information. After the applicant addresses the deficient items, the community development department may restart its review.

2. Sufficiency Review. The community development department shall conduct a review of the application’s consistency with the approval criteria, pursuant to subsection C of this section, other municipal code provisions, the comprehensive plan, and other applicable regulatory and policy documents. The community development department may circulate the application to other city departments for comment. The community development department shall provide written comments to the applicant detailing elements of the application that are inconsistent with city standards.

3. Application Revisions. As applicable, the applicant may revise its application submittal to address the community development department’s comments. If the applicant provides a revised application submission, the community development department shall review the revised application for regulatory and policy compliance.

4. Staff Report. The community development director, or designee, shall write a staff report to the planning and zoning commission that (a) summarizes the proposed conditional use in terms of location, proposed land use(s), and proposed structures, (b) provides findings related to the conditional use approval criteria, (c) provides findings related to the specific use standards, as applicable, and (d) provides a recommendation to approve, approve with conditions, or deny the request. The staff report shall include the applicant’s complete submittal and any public comments as attachments.

5. Public Notice Required. The city shall provide public notice and document public comments regarding the conditional use permit application pursuant to Section 17.12.160.

6. Hearing and Decision. The planning and zoning commission shall conduct a public hearing to review the conditional use application, review the staff report, hear staff, applicant, and public testimony, discuss the proposal, adopt findings of fact (from staff or establishing their own), and take action on the application. The commission may approve, approve with conditions, or deny the application.

7. The planning and zoning commission shall make its findings and determination within sixty days from the date of receipt of a complete application and shall notify the applicant in writing of its decision. If approval is denied, the commission shall state its reason for denial. Failure of the planning and zoning commission to decide within the time specified shall advance the application to the appellate authority.

8. Use Within Twelve Months Required. Any conditional use approved by the planning and zoning commission must be utilized within twelve months after the effective date of the approval. In the event construction work is involved, it must commence within the stated period and must be diligently pursued to completion, otherwise the approval is automatically voided. The planning and zoning commission may extend the time the construction is to start if satisfactory evidence of planning progress is presented.

F. Conditional Use Permit Amendments. The permit amendment procedures are established to allow applicants to revise and/or modify permits within this title to respond to unique site conditions, changes in the proposal, and/or respond to unique situations. The permit amendment process is not intended to circumvent conditions of approval imposed by the original decision-making authority.

1. Applicability. The provisions of this section are applicable to land, projects, and areas within the municipal limits that have an approved permit under this title, and where future land uses, construction or development activities are subject to that permit.

2. Amendment Options. Applicants may request to amend plans/permits pursuant to the following options and subject to the associated allowances/limitations for each.

a. Option 1: Minor Amendments. The applicant may apply for a minor amendment to an approved plan/permit as an administrative review through the community development department. Under this option, the applicant shall submit revised plans and other documents detailing the proposed changes, a cover letter describing the changes and reasoning, and pay associated fees. The community development director or designee shall take action to approve or deny the proposed amendment(s) based on compliance with the applicable code and policy standards.

i. Minor Amendment Determination. A minor amendment may be allowed for situations/site elements associated with a conditional use permit or planned unit development that include the following; notwithstanding, the proposed amendments shall fully comply with the municipal code:

(A) Increase in the building height by ten percent.

(B) Expansion of the building floor area up to twenty percent or one thousand five hundred square feet, whichever is less.

(C) Expansion or reduction in the quantity of vehicle parking areas for nonresidential and multi-unit projects by up to ten percent.

(D) Expansion or reduction of designated open space areas by up to ten percent.

(E) Increase in project site area by up to ten percent or one acre, whichever is less. This shall not include applications for rezones, comprehensive plan amendments, conditional uses, or subdivisions.

(F) Designation of additional uses that only involve those listed as permitted (“P”) in the land use table for the zoning district pursuant to Section 17.16.040.

(G) Changes in the building facade design, floorplan layout, and/or exterior materials.

(H) Construction activities, land use, and/or other situations that are not in conflict with any condition of approval imposed as part of the original plan/permit.

ii. Community Development Director Determination. In the event the proposed minor amendment application does not clearly align with the allowances listed in subsection (F)(2)(a) of this section, the community development director shall deem the application as a major amendment.

iii. Approval Criteria. The following criteria apply when evaluating minor permit amendments:

(A) The granting of the minor amendment will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare.

(B) The granting of the minor amendment will not be contrary to the goals, policies, and objectives of the comprehensive plan.

b. Option 2: Major Amendments. The applicant may apply for a major amendment to an approved permit subject to the allowances and limitations of this section. The major amendment shall be reviewed as the same application type that would have been required for the original approval. Under major amendments, the city shall only require submittal items applicable to the proposed changes.

i. Major Amendment Determination. A major amendment may be allowed for situations and site elements that do not constitute a “minor amendment” pursuant to this section.

c. New Application. The applicant may apply for a new permit for the property where no development and land use activity has commenced pursuant to the original permit. Under a new application, the applicant shall comply with all the submittal requirements and subject to the review procedures identified in Table 17.12.030-1. (Ord. 24-01 § 1)

17.12.100 Variance and administrative adjustments.

A. Purpose. The variance and administrative adjustments procedures are established to allow applicants to seek deviations and modifications from certain requirements of this title to overcome unique site impediments and area conditions. Deviations or waivers to the city’s development standards may be specifically necessary to accommodate infill projects, adaptive use activities, and redevelopment projects in established areas of the city where existing site and area conditions may limit an applicant’s ability to fully comply with city requirements. Variances are intended to allow applicants to seek regulatory relief through a public hearing process, whereas administrative adjustments are intended to allow applicants to seek minor regulatory relief through an administrative process.

B. Applicability. The provisions of this section apply to any applicant that seeks regulatory relief for a specific development project or construction activity subject to the allowances and limitations set forth herein.

C. Allowances. Applicants may seek regulatory relief through application for a variance or an administrative adjustment and as allowed by the provisions of this section. The city may not grant deviations or waivers to land use restrictions in any zone except as allowed in Chapter 17.100 and in Section 17.12.120.

1. Variances. Variances include a formal process where applicants may seek deviations, waivers, and/or modifications from certain dimensional or site design standards of this title. Variances may be approved through a formal application, and a public hearing before the planning and zoning commission pursuant to Table 17.12.030-1.

a. Allowances. Applicants may seek variances to the following code provisions:

i. Zoning district dimensional standards including lot size, setbacks, and height.

ii. Parking requirements including dimensional standards and parking ratios.

iii. Landscaping and buffering standards.

iv. Sign standards including size and location on a lot.

v. Fence and wall standards including material, size, location, and height.

vi. Specific use standards, except applications for additional accessory dwelling units (ADUs).

vii. Expansions of a legal nonconforming use as allowed and limited pursuant to Chapter 17.100.

2. Administrative Adjustments. An administrative adjustment is a process where applicants may seek minor and limited reductions, deviations or modifications from certain dimensional or site design standards of this title. Administrative adjustments may be approved through application and approval from the community development director pursuant to Table 17.12.030-1.

a. Allowances. Applicants may seek administrative adjustments to the following code provisions:

i. Up to twenty percent of the zoning district dimensional standards including lot size, setbacks and height.

ii. Up to twenty percent of the required minimum parking ratio requirements for a specific use.

iii. Up to fifty percent of the required landscaping and buffering standards.

iv. Up to twenty percent of the required sign setback or sign size requirements.

v. Up to twenty percent of the required wall/fence height requirements.

vi. Up to twenty percent of the accessory structure size limitations.

vii. Expansions of legal nonconforming uses pursuant to Section 17.100.020(G)(1).

D. Approval Criteria. The community development department and the final decision-making authority shall evaluate whether the variance or administrative adjustment application complies with the criteria established in this section in determining to approve, approve with conditions, or deny the request. The decision-making authority may require the applicant to submit whatever reasonable evidence may be needed to protect the public interest and demonstrate consistency with the review criteria.

1. Criterion 1: There are exceptional physical characteristics or conditions pertaining to the property which may affect intended land use or development thereon which do not generally apply to other properties in the same zoning district. This criterion is only applicable to variance requests; this does not apply to administrative adjustments.

2. Criterion 2: The strict application of the provisions of this title would result in practical difficulties or an unnecessary hardship to the applicant.

3. Criterion 3: The granting of the variance or administrative adjustment will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare.

4. Criterion 4: The granting of the variance or administrative adjustment will not be contrary to the goals, policies, and objectives of the comprehensive plan.

E. Submittal Requirements. Applicants for a variance or administrative adjustment shall provide the following items to the city to commence the review:

2. Legal Description. Applicants shall provide a legal description of all the property that is subject of the variance or administrative adjustment application.

3. Narrative. Applicants shall provide a project narrative that describes the location, proposed use(s), proposed site improvements, and zoning district. The narrative shall describe the existing and proposed building sizes, proposed density, as applicable, parking and access, and environmental conditions on and adjacent to the subject site. The narrative shall describe the requested deviations, waivers, or modifications. The narrative shall list all of the variance/administrative adjustment review criteria and provide a response describing how the proposal complies with those criteria.

4. Plan Set. Applicants shall provide a plan set, at the discretion of the community development director, to illustrate the proposed site improvements. The plan set may include the following.

a. Property Survey. This shall be a scaled drawing with a surveyor’s seal that graphically depicts the current lot/tract configuration with boundary dimensions, depicts current easements, and illustrates the exact location and dimensions of existing site improvements. The survey shall also include a legal description.

b. Site Plan. This shall be a scaled drawing that depicts the existing and proposed site conditions with a specific focus on the construction elements that are subject of the variance/administrative adjustment application. The site plan shall include the proposed building setbacks, as applicable to the variance/administrative adjustment application.

c. Building Elevations. This shall be scaled drawings showing the proposed building elevations for subject structure(s) of the variance/administrative adjustment application. The elevations shall include dimensions and material labels. Building elevations are only required for variances/administrative adjustments that involve an increase in building height beyond what is allowed in the zoning district.

5. Technical Studies. The applicant may be required to submit technical studies at the discretion of the community development director to demonstrate compliance with the variance and administrative adjustment review criteria. These may include, but are not limited to, traffic studies, drainage studies, noise and vibration studies, and/or visual impact studies.

F. Review Procedure. Variance and administrative adjustment applications shall be reviewed pursuant to Table 17.12.030-1. The city shall process the application pursuant to the following procedures.

2. The community development department shall conduct a review of the application’s consistency with the approval criteria, pursuant to subsection D of this section, other municipal code provisions, the comprehensive plan, and other applicable regulatory and policy documents. The community development department may circulate the application to other city departments for comment. The community development department shall provide written comments to the applicant detailing elements of the application that are inconsistent with approval criteria.

3. Application Revisions. As applicable, the applicant may revise its application submittal to address the community development department’s comments. If the applicant provides a revised application packet, the community development department shall review the revised application for regulatory and policy compliance.

4. Staff Report. The community development director, or designee, shall write a staff report that (a) summarizes the proposed variance/administrative adjustment in terms of location, proposed land use(s), and proposed structures, (b) describes the deviations, waivers or modifications sought, (c) provides findings related to the variance and administrative adjustment approval criteria, (d) provides findings related to the specific use standards, as applicable, and (e) provides a recommendation to approve, approve with conditions, or deny the request. The staff report shall include the applicant’s complete submittal and any public comments as attachments.

G. Public Notice Required for Variance. The city shall provide public notice and document public comments regarding the variance application pursuant to Section 17.12.160.

H. Decision for Administrative Adjustments. The community development director shall review the administrative adjustment application, review the staff report, and take action on the application. The community development director may approve, approve with conditions, or deny the application. The community development director, in their sole discretion, may provide public notice of an administrative adjustment application, provide opportunity for written public comments, and hold a public meeting for purposes of taking oral public comment.

I. Hearing and Decision for Variances. The planning and zoning commission shall conduct a public hearing to review the variance application, review the staff report, hear staff, applicant, and public testimony, discuss the proposal, and take action on the application. The commission may approve, approve with conditions, or deny the application. (Ord. 24-01 § 1)

17.12.110 Zoning clearance review.

A. Purpose. A zoning clearance review is a formal process for the community development department to determine whether a land use or subdivision complies with this title. A zoning clearance is intended to provide certainty to property owners, renters, occupants, and other interested parties that specific activities on a property comply with this title.

B. Applicability. A zoning clearance review is required for any new land use activity, expanded land use activity, a change of use on a property, and platting actions. A zoning clearance is a written determination granted to an applicant indicating that the property, land usage(s), and improvements conform to zoning requirements.

C. Review Process. A zoning clearance application shall be reviewed pursuant to the following provisions:

1. A zoning clearance must be determined prior to (a) establishing a new use on any land or within a structure or (b) the expansion of any use of land or structure. A zoning clearance shall be determined prior to the issuance of a building permit.

2. A zoning clearance review may occur concurrently with other applications such as a building permit, subdivision, business registration, conditional use permit, and variance/administrative adjustment application. A separate zoning clearance application is not required during a concurrent review if sufficient information is included in the other application request.

3. The community development director, or designee, shall review the zoning clearance application and issue a determination based on its consistency with this title.

a. The issuance of a zoning clearance does not exempt an applicant from complying with all laws properly affecting the use or development of land.

4. Issuance and Conditions.

a. The resulting determination may require that the applicant make site modifications and/or secure the required permit approval for the requested outcome.

b. Planning staff may request additional information pertaining to the project in order to conduct a thorough review and ensure full compliance with this title. (Ord. 24-01 § 1)

17.12.120 Temporary land use permits.

A. Purpose. A temporary land use permit allows interim, nonpermanent, and/or seasonal uses of land that do not exceed six months in duration.

B. Applicability. The provisions of this section apply to interim, nonpermanent, and/or seasonal uses of land including but not limited to events, races, carnivals, concerts, outdoor sales events, markets, off-site construction yards, and similar uses that are not otherwise permitted outright in the zoning district in which the subject land is located or in conjunction with a legally established land use for said lot.

C. City-Owned Land. Temporary land use permits shall be required for all interim, nonpermanent, and/or seasonal uses of city-owned land whether conforming or nonconforming except as otherwise provided herein.

D. Private, Federal, or State-Owned Land. Temporary land use permits shall be required for all interim, nonpermanent, and/or seasonal uses on private, federal, or state-owned land that do not conform with permitted uses within the zoning district where the temporary use will occur.

E. Exceptions. The following uses and situations are exempt from the temporary use standards and the associated review/approval standards of this section:

1. City Use of City-Owned Land. Uses associated with municipal operations, services, and maintenance are not subject to a temporary land use permit.

2. On-Site Construction Yard. On-site construction yards, storage structures/vehicles, and offices, in conjunction with an approved construction project on the same parcel are not subject to a temporary land use permit. When allowed, said activities/structures/materials shall be removed within thirty days upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever first occurs.

3. Emergency Response Activities. Emergency public health and safety land use activities, as determined by resolution of the city council, or authorized under an emergency declaration, or during an active response by emergency service agencies, shall not require a temporary land use permit.

4. Short-Term Events at Specific Locations. Events or uses occurring less than ten consecutive days at the City of Valdez Civic Center, City of Valdez Recreation Center, Kelsey Dock, the Valdez Airport, or other facilities specifically designated by the community development director, shall not require a temporary land use permit.

5. Garage or Yard Sales. Garage sales or yard sales that occur at a personal residence shall not require a temporary land use permit subject to the following provisions:

a. Only one garage or yard sale may be conducted within any one-month period and the sale shall be limited to not more than three consecutive days or to two consecutive weekends not to exceed four days in all.

b. The sale shall not be conducted between the hours of eight p.m. of any day and seven a.m. of the following day.

c. The sales shall not encroach or be made on or from public streets or rights-of-way.

d. No licensed retail or wholesale dealer shall be allowed to consign or offer for sale any goods or merchandise or participate in any private sale authorized by this subsection.

6. Events at Personal Residences. Small events such as celebrations, social engagements, weddings, and/or parties at personal residences shall not require a temporary land use permit.

F. Permit Types. Temporary land use permits are allowed by the provisions of this section and pursuant to the following:

1. Short-Term Permits. Applicants may request a short-term permit for temporary uses that occur less than ten consecutive days each year at a specific location. Short-term permits may be approved through an application, internal review, and a decision from the community development director pursuant to Table 17.12.030-1.

2. Long-Term Permits. Applicants may request a long-term permit for temporary uses that occur 10 or more consecutive days at a specific location. The duration of the permit shall not exceed six months unless the permit is issued to a contractor working on a city project. No more than one long-term permit shall be issued each calendar year for the same location to the same applicant. Long-term permits may be approved by the planning and zoning commission pursuant to Table 17.12.030-1. Long-term permit activities that reoccur on an annual basis may be renewed annually, with approval by the community development director, if the duration of the use exceeds one year, and may be renewed for a maximum of four years. After four years the reoccurring use must go through the full application and approval process. Minor changes to the original permit may be reviewed and approved by the community development director during the renewal process if the changes do not change the extent, intensity, or use approved in the original permit.

3. Prohibited Land Uses/Events. The following land uses may not be approved as a temporary land use permit:

a. Any land use that requires a conditional use permit.

4. City-Owned Property Liability Insurance Requirements. Applicants that seek to conduct a temporary use on city-owned land shall maintain liability insurance as set forth herein naming the city as an additional insured party for the duration of the permit. The minimum insurance requirements are as follows:

a. General Liability. Applicants shall provide general liability insurance covering the permittee and the city for any and all claims for personal injury, bodily injury (including death) and property damage (including environmental degradation or contamination) arising from any activity occurring as a result of this temporary land use permit agreement.

b. Auto Liability (If Applicable). Permittee shall maintain business auto liability insurance covering liability arising out of any auto (including owned, hired, and nonowned autos).

c. Minimum Limits. Applicants shall provide insurance equaling at least one million dollars combined single limit each accident and subject to the following other minimum limits:

i. One million dollars each occurrence;

ii. One hundred thousand dollars damage to rented premises;

iii. Five thousand dollars medical payments;

iv. One million dollars personal and advertising injury;

v. Two million dollars general aggregate;

vi. Two million dollars products and completed operations aggregate.

d. Waiver of Subrogation. For the purpose of waiver of subrogation, permittee releases and waives all rights to claim or recover damages, costs or expenses against Valdez for any casualty of any type whatsoever in, on or about the premises if the amount of such damage, cost or expense has been paid to such damaged party under the terms of any policy of insurance required herein.

e. Worker Compensation. The city may require proof of workers compensation issuance for activities that are subject to state and/or federal law.

f. Alternatives and Waivers of Insurance Requirements. At the discretion of the community development director, event insurance may be accepted for short-term permits. Upon a showing of good cause, in the discretion of the community development director, insurance policies not fully conforming with the minimum requirements set forth herein may be accepted where the nature of the use under the temporary land use permit poses a low risk of liability for the city. For permits on private, state, or federally owned land, the community development director may require insurance as a condition of permit approval.

G. Approval Criteria. The community development department and the final decision-making authority shall evaluate whether the temporary land use permit application complies with the criteria established in this section in determining to approve, approve with conditions, or deny the request. The decision-making authority may require the applicant to submit whatever reasonable evidence may be needed to demonstrate compliance.

1. Criterion 1: Use of the property under the permit shall not constitute a nuisance, substantially interfere with the use and enjoyment of adjacent property, or adversely impact public access or city operations.

2. Criterion 2: The proposed property shall be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary land use is reasonably expected to generate.

3. Criterion 3: Adequate temporary parking to accommodate vehicular traffic generated by the use shall be available either on the property or at alternate locations acceptable to the city.

4. Criterion 4: All permits must be for a fixed period of time identified in the permit.

5. Criterion 5: No permanent structures shall be erected on the property.

6. Criterion 6: No permanent alteration of land shall occur.

7. Criterion 7: The permittee shall obtain all required permits for the proposed use from the city or other required agencies.

8. Criterion 8: The permittee shall clear the property of any debris, litter, or other evidence of the temporary use upon expiration or termination of the permit.

9. Criterion 9: For permits on city owned land, the permittee shall pay fees as established by resolution of the city council. No fees shall be charged for permits issued to contractors for the purpose of completing city-owned projects.

10. Criterion 10: The proposed use will not jeopardize, endanger, or substantially interfere with the public convenience, health, safety, or general welfare.

H. Submittal Requirements. Applicants for a temporary land use permit shall provide the following items to the city to commence the review:

1. Application and Fee(s). Applicants shall provide a complete application and pay associated application fees at the time of application filing. Complete applications for short-term permits must be submitted at least fourteen days before the date that the proposed temporary use is scheduled to take place in order to ensure applications are processed in time. Complete applications for long-term permits must be submitted at least forty-five days before the date that the proposed temporary use is scheduled to take place in order to ensure applications are processed in time. The application deadlines may be waived, at the sole discretion of the community development director.

2. Narrative. Applicants shall provide a project narrative that describes the location, proposed use(s), associated structures/vehicles, hours/dates of the use/event, and proposed parking arrangements. The narrative shall describe the existing site improvements, and site conditions. The narrative should address the temporary use review criteria and provide a response describing how the proposal complies with those criteria.

3. Site Plan. Applicants shall submit a scaled site plan, as applicable, that graphically illustrates the site location, access locations, proposed temporary use location on the site, and major geographical features.

I. Review Procedure. Temporary land use permits shall be reviewed pursuant to Table 17.12.030-1. The city shall process the application pursuant to the following procedures:

2. Sufficiency Review. As applicable to the size and location of the proposed temporary use, the community development director may circulate the application submittal to other city departments to conduct a review of the application’s consistency with the approval criteria pursuant to subsection G of this section.

3. Staff Report. For long-term permits, the community development director or designee shall draft a report summarizing the request, any compliance concerns, and a recommendation to the planning and zoning commission.

4. Action for Short-Term Permits. The community development director shall review the short-term temporary land use permit application, review staff comments, and take action on the application. The community development director may approve, approve with conditions, or deny the application. Issuance of short-term permits shall be reported to the planning and zoning commission and city council at the next regularly scheduled meetings.

5. Action for Long-Term Permits. The planning and zoning commission shall review the long-term temporary land use permit application, review staff comments, and take action on the application. The commission may approve, approve with conditions, or deny the application. Issuance of long-term permits shall be reported to the city council at the next regularly scheduled meeting. (Ord. 24-01 § 1)

17.12.130 Pre-application meeting.

A. Purpose. A pre-application meeting is a process for applicants to seek guidance and preliminary advising from city staff pertaining to a proposed land use or development plan for a property before submitting an application for review. The pre-application meeting is intended to allow applicants to obtain preliminary staff comments on their proposal before creating detailed construction documents and technical studies/analysis. Under this provision, city staff is expected to conduct a preliminary review of the proposal’s compliance with the applicable city of Valdez code and permitting standards; this process is not intended to be a detailed analysis or constitute an approval.

B. Applicability. A pre-application meeting is a voluntary process for any individual seeking guidance for proposed land use and development activity within the municipal limits. A formal pre-application meeting is not required for general inquiries to the city.

C. Response. City staff will provide a written response to the applicant regarding materials reviewed during the pre-application meeting. (Ord. 24-01 § 1)

17.12.140 Appeals.

A. Purpose. This section establishes the process, allowances, and limitations for interested parties/individuals to appeal the decision-making authority’s action(s) for a specific permit, application or any action of the community development director or other administrative official in enforcement of this title.

B. Applicability. The provisions of this section apply to any appeal pursuant to Table 17.12.030-1. An appeal may be sought only under the provisions of this section by a person affected or aggrieved by the action being appealed. These procedures apply to appeals to the planning and zoning commission or city council (together “city appellate authority”).

C. Filing Limit. The appeal must be filed within fifteen days of the date of the action or decision being appealed. The notice of appeal must be filed with the city clerk. The notice of appeal shall be in the form of a written statement containing detailed and specific allegations of error and describe how the appellant will be affected or aggrieved by the action or decision.

D. Appeals Hearing. Upon a determination by the city clerk that a notice of appeal is properly filed, the city clerk shall schedule an appeal hearing before the city appellate authority within sixty days of the appeal request. The appeals hearing may be scheduled during a regular or special planning and zoning commission or city council meeting as deemed appropriate by the city clerk.

E. Notice of Hearing. A notice of the date, time, and place of the appeals hearing before the city appellate authority shall be served on the appellant and shall be titled “NOTICE OF HEARING,” and shall set forth the nature of the appeal to be heard. At least fourteen days prior to the hearing, the city clerk shall cause the notice of hearing to be posted on the city’s public notice web page and City Hall notice board, and notice shall be mailed to the appellant. The city appellate authority may prescribe rules of procedure for additional notification in cases where a decision of the board would have a substantial effect on surrounding properties.

F. Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the city appellate authority, unless the court issues an enforcement order based on a certificate of imminent peril to life or property or in the case of an emergency as set forth in this title.

G. Staff Report. The community development director shall write a staff report that (1) summarizes the original application and its approval, (2) provides findings for each of the appellate claims, and (3) provides a recommendation to approve, approve with conditions, or deny the appeal claim. All data pertaining to the case shall accompany the staff report. The report shall be provided to the city clerk.

H. Procedure for Hearing. An appeal before the city appellate authority shall be conducted in accordance with the following procedures:

1. Failure of Appellant to Appear. If an appellant fails to appear in person, the city appellate authority may proceed with the hearing.

2. Oath to Be Administered. Anyone testifying before the city appellate authority shall be administered an oath prior to giving testimony.

3. Record. The city clerk shall be ex officio clerk of the city appellate authority and shall keep verbatim stenographic records or electronic recordings of the board’s proceedings, showing the vote of each member on every question and all of the evidence presented.

4. Burden of Proof. The burden of proof rests with the appellant. The city shall make available to the appellant all reasonably pertinent documents requested for presentation of the appeal.

5. Rules of Evidence. The hearing of an appeal shall be conducted informally. The city appellate authority shall not be restricted by the formal rules of evidence; however, the chair may exclude evidence irrelevant to the issues appealed. Hearsay evidence may be considered, provided there are adequate guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence which the proponent can procure by reasonable efforts.

6. General Procedure. Each side shall have a total of no more than thirty minutes to present their case. Each side shall be responsible for dividing their thirty minutes between oral presentation, argument, testimony (including witness testimony), and rebuttal. The board may expand or limit the length of the hearing depending on its complexity, or take other action to expedite the proceedings.

7. Order of Presentation. The appellant shall present argument first. Following the appellant, the community development director, or designee, shall present the city’s argument. The appellant may, at the discretion of the chair, make rebuttal presentations directed solely to the issues raised by the community development director, or designee. The members of the city appellate authority may ask questions through the chair of either the appellant or the community development director at any time during the hearing.

8. Witnesses and Exhibits. The appellant and the community development director, or designee, may offer oral testimony of witnesses and documentary evidence during the hearing. All testimony before the city appellate authority shall be under oath.

9. Decision of City Appellate Authority.

a. At the conclusion of the appeal hearing, the city appellate authority, shall, based on the information received at the hearing, affirm or reverse the appealed action or decision in whole or in part.

b. It shall require a majority of the full membership of the city appellate authority, minus those members who disqualify themselves with conflicts of interest.

c. Every decision of the city appellate authority to affirm or reverse an action or decision shall be in writing setting forth the findings and conclusions adopted. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, with a clear and precise understanding of the reasons for the city appellate authority’s decision.

d. Decisions of the city appellate authority may be appealed pursuant to Table 17.12.030-1, Review Matrix.

I. Judicial Appeal.

1. Final decisions of the highest city appellate authority set forth in this title may be appealed to the superior court or a court of competent jurisdiction.

2. Filing Timeline Requirement. The appellant shall file an appeal within thirty days to the superior court by filing with the court, and provide a copy to the Valdez city clerk.

3. Appeal Procedures. The appeal claim shall be subject to the rules, allowances, limitations, and procedures established by the superior court.

4. Stay of Proceedings. The filing of an appeal to superior court does not stay any proceedings in the matter, nor the effect of the decision of the city’s decision-making authority or city appellate authority. (Ord. 24-01 § 1)

17.12.150 Title 17 violations.

A. Purpose. This chapter establishes code violation rules and enforcement procedures to ensure compliance with this title and remedy violations.

B. Applicability. The provisions of this section apply to the following violations and unlawful acts, whereas nuisance violations within the municipal limits are addressed in Title 8.

1. Use of Land. Any land use activities that are not allowed pursuant to the property’s zoning code designation and/or require specific city approvals which have not been granted.

2. Development Activities. Any development activities that are not allowed or require specific city approvals/permits which have not been granted pursuant to this title.

3. Permit Violations. Any land use, development activities, subdivision activities, and/or land modifications that are a direct violation to a permit issued pursuant to this title.

4. Violation Not Condoned by Permit Issuance or Plan Approval. The issuance or granting of a building permit or approval of plans or specifications under the authority of the Valdez building code shall not be deemed or construed to be a permit for or an approval of any violation of the provisions of this title or any amendment thereto. No permit presuming to give authority to violate or cancel any of the provisions of this title shall be valid except insofar as the work or use which is authorized is lawful and permitted.

5. Activity Inconsistent With This Title. Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any building, structure, or sign, or development or subdivision of any land, in contravention of any provision of this title or in any way inconsistent with the terms and conditions of any entitlement required to engage in such activity.

C. Continuing Violations. Each day that a violation occurs or remains uncorrected shall constitute a separate and distinct violation of this title; provided, however, the director has the authority to enter into a civil compromise as to the amount of the fine.

D. VMC Title 17 Violation Enforcement Process.

1. Primary Responsibility. The community development director, or designee, shall have primary responsibility for enforcement of this title.

2. Inspections.

a. The community development director, or designee, may at any reasonable time, upon presentation of proper identification, enter upon and inspect any land, structure, or premises where he or she has reasonable cause to believe there exists a violation of this title, or enter upon such a building or premises to perform a duty of the director under this title.

b. At any reasonable time, the community development director may enter upon and inspect any land or structure where any entitlement has been applied for or issued. The purpose of such inspection shall be to verify conformity with the application or entitlement.

c. Where the Constitution of the United States or of the state so requires, the community development director shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the premises before conducting the inspection. The director or representative shall apply to the trial courts of the state to obtain a warrant, stating in the application the name and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, and the facts and circumstances justifying the inspection. Warrants issued under this section shall be returned within ten days.

3. Enforcement Orders.

a. In the case of a violation of this title, the community development director, or designee, may issue an enforcement order pursuant to this section mandating:

i. Discontinuation of a use of land or a structure that is in violation of this title;

ii. Abatement or removal of a structure or part of a structure that is a violation of this title;

iii. Discontinuation of construction or other activity preparatory to a structure or use of land or a structure that is a violation of this title;

iv. Suspension or revocation of an entitlement issued under this title.

v. Restoration of any structure, vegetation, land, water body, or other thing upon the land that is destroyed, damaged, altered, or removed in violation of this title; and

vi. Any other action necessary to prevent, abate, or discontinue a violation of this title.

b. No penalty or fine shall be assessed pursuant to this title unless and until the violator has been notified of the enforcement order in accordance with this section.

c. The enforcement order shall be in writing and shall describe the violation, shall identify the provision or provisions of this title that are being violated, shall specify what actions must be taken to correct the violation, shall direct the person to correct the violation within a specified reasonable time period, and shall state that penalties, civil claims, or criminal violations may be assessed or brought against the violator if he or she fails to take appropriate action to cure or correct the violation. If no other violator can be ascertained, then the notice of violation shall be sent to the record owner of the land on which the violation occurs.

d. An enforcement order may be directed to one or more violators. An enforcement order that is served on a violator personally or by certified mail is final with respect to that violator if not timely appealed.

e. Upon receipt of a written request for an extension of time to cure or correct the violation, the community development director may grant extensions in their sole discretion.

f. Compliance Agreement. The community development director, or designee, may enter into a voluntary compliance agreement with the property owner or violator that is subject of the code violation. The voluntary compliance agreement is a written, signed commitment by the property owner to correct/address the code violations. The voluntary compliance agreement shall include the following:

i. The name and address of the property owner or violator;

ii. The address or other identification of the location of the violation;

iii. A description of the violation and a reference to the applicable code provisions;

iv. A description of required corrective action and the date and time by which compliance must be completed;

v. An acknowledgment that if the city determines that the terms of the voluntary compliance agreement are not met, the city may impose any remedy authorized by this chapter or other applicable code section(s);

vi. A list of fine and penalties that the property owner shall pay as allowed under this section and/or Chapter 8.20.

vii. An acknowledgment that by entering into the voluntary compliance agreement, the property owner admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation.

g. Corrective Action Taken. If the violation is cured or corrected within the time period specified in the enforcement order or compliance agreement, or within any extension of time granted, then the municipality shall take no further action against the violator.

h. Options Upon Noncompliance. Whenever a written enforcement order has become final or the term for compliance under a compliance agreement has run and the violation continues to exist, the community development director, or designee, may pursue any of the forms of relief under subsection (D)(3)(c) of this section.

4. Private Enforcement Actions. Whenever a violation occurs, any aggrieved or affected person may file a written complaint in regard thereto. All such complaints shall be brought to the attention of the community development director who may cause such complaint to be properly recorded, investigated and reported upon. City staff who observe violations while on duty may also file complaints to be investigated. The community development director, or designee, has sole discretion regarding whether to pursue investigation and enforcement proceedings.

a. Investigation. Upon receipt of a code violation complaint, the community development director, or designee, may investigate the claim and determine whether a violation has occurred. The community development director, or designee, shall prepare a memorandum documenting the complaint, an analysis of the land activities/development associated with the complaint, and a finding to whether the violation has occurred.

b. Remedy Request. In the event the complaint results in the identification of a violation, the community development director, or designee, may issue an enforcement order or pursue other remedies.

E. Remedies and Penalties.

1. Fines. The city may impose fines for code violations subject to the schedule set forth in this section.

Table 17.12.150-1 Fine and Penalties Schedule
Code Section	Violation Description	Fine/Penalty
Chapters 17.16 through 17.76	Unlawful use of land.	$200.00 per violation per day.
Chapter 17.12	Development and/or land use in violation of an associated permit.	$200.00 per violation per day.
17.12.150	Situations where the property owner fails to satisfy the provisions and terms of a compliance agreement.	$200.00 per violation PLUS any other associated fine/penalty listed above/per violation per day.
Title 17—Generally	Failure to comply with the requirements of Title 17 aside from the violations specifically identified above.	$200.00 per violation per day.

2. Civil Remedies and Enforcement Powers.

a. Deny/Withhold Entitlements. The community development director may deny or withhold all entitlements, including any authorization to use or develop any land, structure, or improvements, until a violation, associated civil penalty, and/or lien resulting from a previous final order related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit or other approval is responsible for the violation.

b. Revoke Entitlements. The community development director may revoke any entitlement or other form of authorization required under this title. Written notice of revocation shall be served on the property owner and/or the person to whom the entitlement was issued or such notice may be posted in a prominent location at the place of violation.

c. Restoration. The community development director may require a violator to restore land or premises damaged as a result of a violation to its original condition.

d. Judicial Relief. The community development director may seek injunctive relief, damages, or other appropriate relief in superior court or other court of competent jurisdiction against any person who fails to comply with any provision of this title or any requirement or condition imposed pursuant to this title.

e. Fines. A person who violates this title shall be subject to a civil fine as set forth in Table 17.12.150-1. When such a fine remains unpaid after thirty days of issuance, the fine may be recorded as a lien against the subject property or otherwise recovered by the city in any manner legally permissible.

f. Abatement. The community development director may abate a violation of this title.

i. Before action is taken to abate a violation, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt required to the violator and the owner of record of the property.

ii. Unless this notice is appealed, pursuant to Section 17.12.140, the community development director may proceed to abate the violation.

iii. The community development director, or designee, shall keep an accounting of the cost of abatement, including incidental expenses. The community development director will forward a bill for collection to the violator and record owner of the property specifying the nature of the costs and work performed. For purposes of this chapter incidental expenses shall include preparation of the notices, legal fees and costs, specifications and contracts, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes.

iv. The responsibility for payment of the charges for abatement as set forth in this section shall rest solely with the owner of the property upon which the abatement occurred. Such charges become a lien upon the real property where the violation occurred. When charges for abatement remain unpaid after thirty days from billing, the community development director, or designee, may record a claim of lien at the district recorder’s office. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes. The lien shall continue until the charges and all interest due and payable thereon are paid.

v. The lien created under this section may be enforced as provided in AS 34.35.005 through 34.35.045.

3. Remedies Cumulative. The remedies provided for violations of this title shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order. (Ord. 24-01 § 1)

17.12.160 Public hearings and notification requirements.

A. Purpose. The purpose of this section is to define the requirements of public hearings and notice as they relate to the review and approval procedures for this title.

B. Public Hearings. When conducting a public hearing, the planning and zoning commission shall hear and consider relevant evidence and facts from any person at the public hearing or written communication (received prior to the hearing) from any person relative to the matter. The city clerk shall document and record public testimony, the actions of the decision-making authority, and the application package.

C. Notification. Notices required by this title shall include the date, time, and location of the hearing, as well as the description of the action requested and the property for which the action has been requested. The names of the property owners and the parties filing the application shall also be included. The following notices shall be given:

1. Published Notices. The notice shall be published on the city of Valdez website in a designated section with reasonable navigation links thereto. At least fourteen days before the public hearing, the city clerk shall provide notice to local media outlets to the extent deemed reasonable by the city clerk and post on the city website a notice of such hearing.

2. Mail Notices. A notice shall also be sent by mail at least fourteen days prior to the public hearing to each owner of property within a distance of three hundred feet of the exterior boundary of the lot or parcel of land described in the application for the requested action. Mail notices are not required for city-initiated legislative actions that involve multiple properties or the city as a whole (e.g., comprehensive plan amendments, city-wide rezones, municipal code text amendments).

3. Site Postings. For any rezone, comprehensive plan amendment, or conditional use permit that involves a specific lot, the community development department staff shall post the property with a document holder containing public notice flyers on a public roadway that abuts the property at least fourteen days before the scheduled hearing. The flyers shall list the date, time and location of the hearing and summarize the application request. The following exemptions shall apply to site posting standards.

a. City-Initiated Applications. This is not required for city-initiated rezones or comprehensive plan amendments involving more than one lot.

b. Non-Roadway Accessible Land. Site posting is not required where the lot subject of the application does not abut a public roadway (e.g., land only accessible by water or access easements). (Ord. 24-01 § 1)

17.12.170 Annexation.

A. Purpose. The annexation describes the process to bring land into the official Valdez municipal limits; where such land would be applicable to the city’s rules, laws, and governing structure.

B. Requirements and Procedure. Annexations shall be processed pursuant to the state of Alaska boundary changes review procedures and through the local boundary commission. (Ord. 24-01 § 1)