City And Borough Of Sitka, AK Zoning Ordinance

City And Borough Of Sitka
City Zoning Code

CHAPTER 22

10 ADMINISTRATION

§ 22.10.010 Introduction.

Intent. The purpose of this chapter is to combine and consolidate the application, review, and approval procedures for land development in the city and borough of Sitka so that these procedures are clear, concise, and understandable. It is further intended to assist in combining and expediting development review and integrating review procedures.

Rules of interpretation.

For the purposes of the development code, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this code.

Words used in the present tense include the future.

The plural includes the singular and vice versa.

The words “will” and “shall” are mandatory.

The word “may” indicates that discretion is allowed.

The word “used” includes designed, intended, or arranged to be used.

The masculine gender includes the feminine and vice versa.

Distances shall be measured horizontally unless otherwise specified.

The word “building” includes a portion of a building or a portion of the lot on which it stands.

(S.G.C. 22.30.010; Ord. 02-1683 § 4, 2002)

§ 22.10.020 Roles and responsibilities.

The regulation of land development is a cooperative activity involving different elected and appointed boards and city staff. The specific responsibilities of these bodies are set forth below.

Applicants are expected to read and understand the city development code and be prepared to fulfill the obligations placed on applications for development approvals defined in SGC Title 21 and this title.

(S.G.C. 22.30.020; Ord. 02-1683 § 4, 2002; Ord. 15-51 § 4, 2015)

§ 22.10.030 Administrator.

The term “administrator” shall mean the city and borough administrator, or an individual operating with his/her express knowledge on his/her behalf. Said individual may include, but is not limited to, the planning director or planning assistant. The administrator is responsible for the administration of this title and shall review and act on the following:

Administrative interpretation. Upon request or as determined necessary, the administrator shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation. All administrative determinations shall be reported to the planning commission within a reasonable period of time following their issuance.

Nonconforming use permits.

Administrative approvals as set forth in SGC § 22.10.150.

Permit procedures. The administrator shall determine the proper procedure for all development applications.

(S.G.C. 22.30.030; Ord. 02-1683 § 4, 2002; Ord. 04-60 § 4(D), 2004; Ord. 15-51 § 4, 2015)

§ 22.10.040 Assembly.

In addition to its legislative responsibility, the assembly shall review and act on the following subjects:

Recommendations of the planning commission.

Appeal of planning commission recommendations and decisions.

(S.G.C. 22.30.040; Ord. 02-1683 § 4, 2002; Ord. 15-51 § 4, 2015)

§ 22.10.050 Planning commission.

The planning commission shall be constituted in accordance with Chapter 2.40 SGC and the Sitka Home Rule Charter and shall have the responsibility of reviewing and acting on the following:

Recommendations to the assembly on approvals of subdivisions, planned unit developments, and binding site plans.

Recommendations to the assembly on amendments to the comprehensive plan.

Recommendations to the assembly on amendments to the subdivision code, SGC Title 21.

Recommendations to the assembly on amendments to the zoning code, this title, or the official map.

Approve variances with appeals possible to the assembly.

Approve conditional use permit applications with appeals possible to the assembly.

Other actions requested or remanded by the assembly.

(S.G.C. 22.30.050; Ord. 04-60 § 4(R), (S), 2004; Ord. 15-51 § 4, 2015)

§ 22.10.060 Board of adjustment.

The assembly of the city and borough shall function as the board of adjustment with the authority to:

Consider appeals of variances or conditional use permits.

Hear appeals of administrative approvals or denials.

(S.G.C. 22.30.060; Ord. 04-60 § 4(R), 2004; Ord. 15-51 § 4, 2015)

§ 22.10.070 Applications.

The city shall strive to consolidate development application and review as appropriate in order to integrate the development permit review process, while avoiding duplication of the review processes.

All applications for development permits, design review approvals, variances and other municipal approvals under the code shall be submitted on forms provided by the city. All applications shall be signed by the property owner or his/her agent.

(S.G.C. 22.30.070; Ord. 02-1683 § 4, 2002)

§ 22.10.080 Preapplication meetings.

Applicants for development are encouraged to participate in an informal meeting prior to preparation of an application. The purpose of the meeting is to discuss the proposed development, city design standards, design alternatives, and required permits and application and approval procedures.

(S.G.C. 22.30.080; Ord. 02-1683 § 4, 2002)

§ 22.10.090 Content of applications.

All applications for approval under SGC Title 21 and this title shall include the information specified in the applicable title. The administrator may require such additional information as reasonably necessary to fully and properly evaluate the proposal.

The applicant shall apply for all permits required by the city as identified in the preapplication meeting or as determined by the administrator. Other permits required by other jurisdictions are the applicant’s responsibility to determine.

The city may require applications to be supplemented with additional information during review by the staff, planning commission or assembly.

(S.G.C. 22.30.090; Ord. 02-1683 § 4, 2002)

§ 22.10.100 Fees.

The municipality shall establish fees for all aspects of the application and review process including, but not limited to, applications for permits, meetings, plan checking, inspections, testing, general facilities charges, impact mitigation, and other administrative activities.

(S.G.C. 22.30.100; Ord. 02-1683 § 4, 2002)

§ 22.10.110 Notice of administrative approvals.

Notification of preliminary approval. The administrator shall notify the adjacent property owners of his intent to grant approval at least seven days prior to the effective date of the approval. Notification shall be made by first class mail only. The notice shall include:

A description of the preliminary approval granted, including any conditions of approval.

A place where further information may be obtained.

A statement that final approval will be granted unless an appeal requesting a public hearing is filed with the city clerk within 10 days of the date of the notice.

The administrator may approve, approve with conditions, or deny certain applications without notice, as described elsewhere in this title.

(S.G.C. 22.30.110; Ord. 02-1683 § 4, 2002)

§ 22.10.120 Notice of public hearings.

Notification. Notices required by this title shall include the date, time and location of the hearing as well as a 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:

General circulation within the city and borough on at least two occasions prior to the meeting. These two publications shall be at least three and five calendar days before the meeting;

By sending notices by first class mail at least five days but not more than 20 days prior to the date of hearing to all property owners within 100 feet along the abutting streets, using the names and addresses as they appear on the records of the city and borough assessor;

In lieu of the requirement in subsection (A)(2) of this section, notices shall not be required to be sent to property owners over 2,000 feet from a project when all the property is in common ownership.

The proceedings related to any approval action subject to public notice shall not be invalidated due to persons not receiving such public notice via U.S. mail.

Application available for public action. From the time of filing such application until the time for such public hearing, the application, together with all relevant data, plans or maps, shall be available for public inspection in the office of the planning director.

Consideration of evidence. The planning commission shall hear and consider evidence and facts from any person at the public hearing or receive written comments from any person relative to the matter brought before the commission. The right of any person to present evidence shall not be denied for the reason that such person was not required to be informed of such a public hearing.

If, for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required.

(S.G.C. 22.30.120; Ord. 02-1683 § 4, 2002; Ord. 03-1746 § 4, 2003)

§ 22.10.130 Notice of appeal hearings.

In addition to the posting and publication requirements of this chapter, notice of appeal hearings shall be as follows:

For appeals of administrative approvals, notice shall be mailed to adjacent property owners.

For appeals of planning commission recommendations, notice shall be mailed to parties of record from the commission hearing. Parties of record include persons receiving public notice and persons attending or testifying at public hearings.

(S.G.C. 22.30.130; Ord. 02-1683 § 4, 2002)

§ 22.10.140 Notice of decision.

A written notice for all final decisions shall be sent to the applicant and other parties as determined by the administrator.

(S.G.C. 22.30.140; Ord. 02-1683 § 4, 2002)

§ 22.10.150 Administrative approvals without notice.

The administrator may approve, approve with conditions, or deny the following without notice:

Boundary (lot) line adjustments.

Extension of time for approval.

Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not (a) affect overall project character, (b) increase the number of lots, dwelling units, or density, or (c) decrease the quality or amount of open space.

Home occupations and other accessory uses in single-family zones.

Minor adjustment to yard requirements in residential zones, C-1 general commercial, C-2 general commercial mobile home, WD waterfront, and I industrial zones where the administrator may allow development to encroach up to two feet into a required yard setback when it is determined that strict application of the setback requirement may cause an undue hardship and there are not impacts on adjacent properties.

Required findings for nonconforming use permits. The city shall grant a nonconforming use permit if documentary evidence is provided by the applicant to support the planning commission’s findings that:

Granting a nonconforming use permit is necessary to adapt the nonconforming use and associated structures to changes in technology, merchandising, or other generally recognized trends which affect the utility of structures or the applicant’s ability to compete;

Granting a nonconforming use permit will not introduce any (additional) hazards or interfere with the potential development of nearby properties in accordance with present zoning regulations;

The nonconforming use and associated structures will comply with the requirements of SGC § 22.25.050(B);

The applicant’s proposal will result in improvements in functionality or safety, or in exterior appearance, screening, access and other features which will make the use or structure more compatible with allowed uses; and

Granting a nonconforming use permit will not detract from the intent of the comprehensive plan and any implementing regulation.

Administrator’s decisions under this section shall be final on the date issued.

(S.G.C. 22.30.150; Ord. 02-1683 § 4, 2002; Ord. 03-1746 § 4, 2003; Ord. 04-60 § 4(J), 2004; Ord. 16-28 § 4, 2016)

§ 22.10.160 Planning commission review and decision.

Planning commission decision and action authority is defined in SGC § 22.10.050.

Staff report. The administrator shall prepare a staff report on the proposed development or action summarizing any comments, analysis, and recommendations of city departments, affected agencies and special districts, evaluating the development’s consistency with the comprehensive plan, code, and other adopted plans and regulations. The staff report may include findings, conclusions or proposed recommendations for disposition of the development application.

Hearing. The planning commission shall conduct a public hearing on development proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the city’s comprehensive plan, code, and other adopted plans and regulations. Notice of the planning commission hearing shall be in accordance with Article IV of this chapter.

Required findings for conditional use permits.

The planning commission shall not approve a proposed development unless it first makes the following findings and conclusions:

The city may use design standards and other elements in this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record that the granting of the proposed conditional use permit will not:

Be detrimental to the public health, safety, and general welfare;

ii.

Adversely affect the established character of the surrounding vicinity; nor

iii.

Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.

The granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan and any implementing regulation.

All conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.

The proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard.

The conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.

Burden of proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in subsection B of this section.

The city may approve, approve with conditions, modify, modify with conditions, or deny the conditional use permit. The city may reduce or modify bulk requirements, off-street parking requirements, and use design standards to lessen impacts, as a condition of the granting of the conditional use permit. In considering the granting of a conditional use, the assembly and planning commission shall satisfy themselves that the general criteria set forth for uses specified in this chapter will be met. The city may consider any or all criteria listed and may base conditions or safeguards upon them. The assembly and planning commission may require the applicant to submit whatever reasonable evidence may be needed to protect the public interest. The general approval criteria are as follows:

Site topography, slope and soil stability, geophysical hazards such as flooding, surface and subsurface drainage and water quality, and the possible or probable effects of the proposed conditional use upon these factors;

Utilities and service requirements of the proposed use, including sewers, storm drainage, water, fire protection, access and electrical power; the assembly and planning commission may enlist the aid of the relevant public utility officials with specialized knowledge in evaluating the probable effects of the proposed use and may consider the costs of enlarging, upgrading or extending public utilities in establishing conditions under which the conditional use may be permitted;

Lot or tract characteristics, including lot size, yard requirements, lot coverage and height of structures;

Use characteristics of the proposed conditional use that affect adjacent uses and districts, including hours of operation, number of persons, traffic volumes, off-street parking and loading characteristics, trash and litter removal, exterior lighting, noise, vibration, dust, smoke, heat and humidity, recreation and open space requirements;

Community appearance such as landscaping, fencing and screening, dependent upon the specific use and its visual impacts.

Required findings for variances.

Required findings for variances involving major structures or expansions. Before any variance is granted, it shall be shown:

That there are special circumstances to the intended use that do not apply generally to the other properties. Special circumstances may include the shape of the parcel, the topography of the lot, the size or dimensions of the parcels, the orientation or placement of existing structures, or other circumstances that are outside the control of the property owner;

The variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties but are denied to this parcel; such uses may include the placement of garages or the expansion of structures that are commonly constructed on other parcels in the vicinity;

That the granting of such a variance will not be materially detrimental to the public welfare or injurious to the property, nearby parcels or public infrastructure;

That the granting of such a variance will not adversely affect the comprehensive plan.

Required findings for minor expansions, small structures, fences, and signs.

The municipality finds that the necessary threshold for granting this variance should be lower than thresholds for variances involving major structures or major expansions;

The granting of the variance is not injurious to nearby properties or improvements;

The granting of the variance furthers an appropriate use of the property.

Required findings for appeals. Appeals of any decisions regulated by this title shall only be granted when the designated appeal body determines that the subject permit approval or denial was in error. The appeal body shall base its decision on new evidence or proof of procedural error in the prior action. The appellant shall bear the burden of proving that the decision was in error.

Required findings for code amendments. Article VIII of this chapter contains standards for amendments to administrative permits, special use permits, the development standards, and the official map.

(S.G.C. 22.30.160; Ord. 02-1683 § 4, 2002; Ord. 04-60 §§ 4(J), (K), (L), 2004; Ord. 15-51 § 4, 2015)

§ 22.10.170 Assembly actions.

Actions. Upon receiving a recommendation from the planning commission or notice of any other matter requiring the assembly’s attention, the assembly shall perform the following actions as appropriate:

Hold a public hearing and make a decision on the following matters:

Appeal of administrative interpretations.

Appeal of administrative approvals.

Appeal of enforcement actions by the administrator.

Other matters not prohibited by law.

Amendments to the comprehensive plan, zoning code, official map, or subdivision code.

Decisions. The assembly shall make its decision by motion or ordinance as appropriate.

An assembly decision on a planning commission recommendation or following a public hearing shall include one of the following actions:

Approve as recommended.

Approve with additional conditions.

Modify, with or without the applicant’s concurrence; provided, that the modifications do not:

Enlarge the area or scope of the project.

ii.

Increase the density or proposed building size.

iii.

Significantly increase adverse environmental impacts as determined by the responsible official.

Deny (reapplication or resubmittal is permitted).

Deny with prejudice (reapplication or resubmittal is not allowed for one year).

Remand for further proceedings.

An assembly decision following a closed record appeal hearing shall include one of the following actions:

Grant the permit or appeal in whole or in part.

Deny the permit or appeal in whole or in part.

Remand for further proceedings.

(S.G.C. 22.30.170; Ord. 02-1683 § 4, 2002)

§ 22.10.180 Procedures for public hearings.

Public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The chair shall open the public hearing and, in general, observe the following sequence of events:

Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.

Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.

Testimony or comments by the public germane to the matter. Questions directed to the staff or the applicant shall be posed by the chair at its discretion.

Rebuttal, response or clarifying statements by the staff and the applicant.

The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it.

(S.G.C. 22.30.180; Ord. 02-1683 § 4, 2002)

§ 22.10.190 Reconsideration.

A party to a public hearing or closed record appeal may seek reconsideration only of a final decision by filing a written request for reconsideration with the administrator within 14 calendar days of the oral announcement of the final decision. The assembly shall consider the request at its next regularly scheduled meeting. If the request is denied, the previous action shall become final. If the request is granted, the assembly body may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed record appeals.

(S.G.C. 22.30.190; Ord. 04-60 § 4(M), 2004)

§ 22.10.200 Remand.

In the event the assembly determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the assembly may remand the matter back to the hearing body. The assembly shall specify the items or issues to be considered and the time frame for completing the additional work. The assembly may hold a public hearing on a closed record appeal only for the limited purposes identified in the remand.

(S.G.C. 22.30.200; Ord. 02-1683 § 4, 2002)

§ 22.10.210 Effective date.

The final decision of the assembly or hearing body shall be effective on the date stated in the decision, motion, or ordinance.

(S.G.C. 22.30.210; Ord. 02-1683 § 4, 2002)

§ 22.10.220 Appeals to the planning commission.

Filing. Every appeal to the planning commission shall be filed with the municipal clerk within 10 days of the date of the recommendation or decision of the matter being appealed. Appeals of enforcement actions by the administrator shall be made directly to the assembly.

Contents. The notice of appeal shall contain a concise statement identifying:

The decision being appealed.

The name and address of the appellant and his interest(s) in the matter.

The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong.

The desired outcome or requested changes to the decision.

Appeals of enforcement actions by the administrator shall be made in manner outlined above.

(S.G.C. 22.30.220; Ord. 02-1683 § 4, 2002)

§ 22.10.230 Appeals to the assembly.

Filing. Every appeal to the assembly shall be filed with the municipal clerk within 10 days after the date of the recommendation or decision of the matter being appealed.

Contents. The notice of appeal shall contain a concise statement identifying:

The decision being appealed.

The name and address of the appellant and his interest(s) in the matter.

The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong.

The desired outcome or requested changes to the decision.

(S.G.C. 22.30.230; Ord. 02-1683 § 4, 2002)

§ 22.10.240 Judicial appeal.

Appeals from the final decision of the assembly, or other city board or body involving SGC Title 21, and for which all other appeals specifically authorized have been timely exhausted, shall be made to superior court within 30 days of the date the decision or action became final, unless another time period is established by state law or local ordinance.

Notice of the appeal and any other pleadings required to be filed with the court shall be served on the municipal clerk, administrator, and city attorney within the applicable time period. This requirement is jurisdictional.

The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the municipal clerk prior to the preparation of any records an advance fee deposit in the amount specified by the municipal clerk. Any overage will be promptly returned to the appellant.

(S.G.C. 22.30.240; Ord. 02-1683 § 4, 2002)

§ 22.10.250 Violation of restrictions or conditions.

When it is determined by the planning department (department) that a person is violating or is about to violate a provision of a permit, or a term or condition of a permit issued by the municipality under this section, the department will notify the person of its determination by personal service or certified mail.

The recipient of the determination must file with the department, no less than 10 days and no more than 30 days, a report stating what measures have been and are being taken, or are proposed to be taken, to correct or control the conditions outlined in the notice.

After the report is filed under subsection B of this section or the time period specified for it has elapsed, the department will issue a compliance order or a report. A copy of the compliance order shall be served personally or sent by certified mail to the person affected. A compliance order is effective upon receipt.

Within 10 days after receipt the recipient may request a hearing before the assembly to review the compliance order. Failure to request a hearing within 10 days after the receipt of a compliance order constitutes a waiver of the recipient’s right of review.

The assembly may hold a hearing within 45 days after receipt of a request under subsection D of this section. The assembly shall rescind, modify or affirm the compliance order. If the compliance order is modified or affirmed, it shall take effect at the time determined by the assembly. Any appeal shall be filed in superior court within 30 days, and there shall not be any stays in effect during the interim.

The city attorney may seek enforcement of a compliance order.

(S.G.C. 22.30.250; Ord. 02-1683 § 4, 2002; Ord. 03-1746 § 4, 2003)

§ 22.10.260 Violation not condoned by permit issuance.

The issuance or granting of any building permit or approval of plans or specifications under the authority of the building code shall not be deemed or construed to be a permit or approval of any violation of any restriction, condition of any of the provisions of this title or any amendment thereto. No permit appearing to give authority to violate this title shall be valid except insofar as the work or use does not violate this title.

(S.G.C. 22.30.260; Ord. 02-1683 § 4, 2002)

§ 22.10.270 Enforcement duty.

It shall be the duty of the administrator or designee to enforce the provisions of the building code permitting the erection, construction, moving, conversion, or alteration of buildings or to the occupancy of land or buildings or any addition thereto. It shall further be the duty of the administrator or designee to enforce the provisions of this title pertaining to the use of land or any building for which any permit, variance, or zoning exception is required by this title. Whenever a violation occurs, any person may file a complaint in regard thereto that feels he or she is aggrieved. Complaints shall be brought to the attention of the administrator or a designee who shall cause the complaint to be immediately investigated and reported thereon.

(S.G.C. 22.30.270; Ord. 02-1683 § 4, 2002)

§ 22.10.280 Injunctions.

The superior court has jurisdiction to enjoin a violation of this title or of a lawful order of the department or permit, approval or term or condition of a permit, or approval issued under this title. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of imminent threat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in actions under this section may affect the timing of compliance, but not the necessity of compliance within a reasonable period of time.

(S.G.C. 22.30.280; Ord. 02-1683 § 4, 2002)

§ 22.10.290 Civil action for violation – Damages.

A person who violates or causes or permits to be violated a provision of this title or a regulation, a lawful order of the department, or a permit, approval or term or condition of a permit or approval issued under this title is liable, in a civil action, to the municipality for a sum to be assessed by the court of not less than $25.00 nor more than $1,000 for the initial violation, nor more than $500.00 for each day thereafter on which the violation continues; or in the case of operating without an appropriate notice, permit, or for violations which are related to public health, safety and welfare, or cause substantial adverse effects on the environment, not less than $500.00 nor more than $5,000 for the initial violation nor more than $2,000 for each day thereafter on which the violation continues and which, in either case, shall reflect, when applicable:

Reasonable compensation in the nature of liquidated damages for any adverse public health, safety, welfare or environmental effects caused by the violation, which shall be determined by the court according to the sensitivity of the receiving property, neighborhood or environment and the degree to which the violation degrades existing neighborhood environmental quality;

Reasonable costs incurred by the municipality in detection, investigation and attempted correction of the violations; and

The economic savings realized by the person in not complying with the requirement for which a violation is charged.

Actions under this section may not be used for punitive purposes, and sums assessed by the court must be compensatory and remedial in nature.

The court, upon motion of the department or upon its own motion, may defer assessment of all or part of that portion of the sum imposed upon a person under this section conditioned upon the person complying, within the shortest feasible time, with the requirement for which a violation is shown.

As used in this section, “economic savings” means that sum which a person would be required to expend for the planning, acquisition, siting, construction, installation and operation of the facilities necessary to effect compliance with the standard violated.

(S.G.C. 22.30.290; Ord. 02-1683 § 4, 2002)

§ 22.10.300 Penalties.

Violations of the provisions of this title or failure to comply with any of its requirements, including violations of restrictions or conditions, shall constitute a violation. Any person who violates this title or fails to comply with any of its requirements is, upon conviction, punishable by a fine not more than $500.00 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor or agent who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the city and borough from taking such other lawful action as is necessary to prevent or remedy any violation.

(S.G.C. 22.30.300; Ord. 02-1683 § 4, 2002)

§ 22.10.310 Remedies deemed cumulative.

All remedies provided for herein shall be cumulative and not exclusive.

(S.G.C. 22.30.310; Ord. 02-1683 § 4, 2002)

§ 22.10.320 Schedule of fees, charges and expenses.

Until all applicable fees, charges and expenses have been paid in full, including any property taxes due on the subject property, no action may be taken on any application or appeal.

(S.G.C. 22.30.320; Ord. 02-1683 § 4, 2002)

§ 22.10.330 Inspection warrant.

The department is authorized to seek administrative search warrants pursuant to this code for the purpose of investigating actual or suspected sources of damage caused by violations of this title or to ascertain compliance or noncompliance with this title or a permit or term or condition thereof issued under this title.

(S.G.C. 22.30.330; Ord. 02-1683 § 4, 2002)

§ 22.10.340 Emergency powers.

When the department finds, after investigation, that a person is causing, engaging in, or maintaining a condition or activity which, in the judgment of the department, presents an imminent or present danger to the health, safety or welfare of the people of the municipality or would result in or be likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interests of the people of the municipality to delay action until an opportunity for a hearing can be provided, the department, without proper hearing, shall, upon concurrence of the municipal administrator, order that person by notice to discontinue, abate or alleviate the condition or activity. The proscribed condition or activity shall be immediately discontinued, abated or alleviated.

Upon receipt of an order of the department made under subsection A of this section, the person affected has the right to be heard and to present proof to the department that the condition or activity does not constitute an actual or potential source of irreversible or irreparable damage to the public heath, safety or welfare or to natural resources or environment, or that the order may constitute a substantial private hardship.

In the department’s discretion or upon application made by the recipient of an order within 15 days of receipt of the order, the department shall schedule a hearing at the earliest possible time. The hearing shall be scheduled within five days of the receipt of the application. The submission of an application or scheduling of a hearing does not stay the operation of the department’s order made under subsection A of this section.

After a hearing the commission shall affirm, modify or set aside the order. An order affirmed, modified or set aside after a hearing is subject to judicial review. The order is not stayed pending judicial review unless the commission so directs. If an order is not immediately complied with, the municipal attorney, upon request of the department, may seek enforcement of the order.

(S.G.C. 22.30.340; Ord. 02-1683 § 4, 2002)

§ 22.10.350 Purpose.

The purpose of this article is to define types of amendments to the development regulations, comprehensive plan, and other official controls and to identify procedures for those actions.

(S.G.C. 22.30.350; Ord. 02-1683 § 4, 2002)

§ 22.10.360 Amendment standards – Administrative permits.

The following provisions include methods for amending conditions of approval and final development plans that have received an administrative permit:

Minor amendments. The following procedures shall be required for all minor amendments:

Requests for minor amendments shall be in writing from the property owner or the owner’s authorized agent.

Minor amendment applications may be circulated to any city department or agency with jurisdiction at the discretion of the administrator.

Minor amendments may be approved or modified with conditions of approval by the administrator provided all of the following requirements are met:

Any proposal that results in a change of use must be permitted outright in the current zone classification.

A change to a condition of approval does not modify the intent of the original condition.

The perimeter boundaries of the original site shall not be extended by more than five percent of the original lot area.

The proposal does not add more than 10 percent gross square footage of structures on the site.

The proposal does not increase the overall impervious surface on the site by more than 10 percent.

Any additions or expansions approved through minor amendments that cumulatively exceed the requirements of this section shall be reviewed as a major amendment.

Minor amendment decisions shall be in writing and attached to the official file.

Copies of the decision shall be mailed to all parties of record.

Major amendments.

Any modification exceeding the provisions established by the administrator shall follow the same procedure required for the original application.

A finding that addresses the applicability of any specific conditions of approval for the original permit shall be required.

Any modification that requires a permit other than the type granted for the original application shall require the new permit type.

(S.G.C. 22.30.360; Ord. 02-1683 § 4, 2002)

§ 22.10.370 Amendment standards – Special use permits.

The following provisions include methods for amending conditions of approval and final development plans that have received a special use permit including planned unit developments, conditional uses, variances and binding site plans: