(a)

The purpose of this article is to foster the development of a safe, healthy, and environmentally sound mining industry while protecting the overall interests of public health, safety, and the general welfare and minimizing the environmental and surface effects of mining projects for which an exploration notice or mining permit is required. To the extent the City and Borough is not preempted from doing so under state or federal law, this article:

(1)

Establishes the review and permit procedures necessary to conduct exploration, to gain approval to open a mine, to conduct mining operations, and to provide for final reclamation and financial warranty release at the conclusion of exploration and mining operations and reclamation of affected surface;

(2)

Reasonably regulates areas of local concern, reserving to the City and Borough all regulatory powers not preempted by state or federal law;

(3)

Authorizes the commission to condition a mining permit to the extent necessary to mitigate external adverse impacts and for the protection of the environment and public health, safety, and general welfare.

(b)

This article does not regulate surface or subsurface water; geothermal resources; sand or gravel; common varieties of construction aggregate; or natural oil, gas, coal, or peat or their associated byproducts, except to the extent that such substances are developed or extracted as a mining byproduct in a mining operation of a large or small mine.

(c)

The director may require a permit to be obtained or notice given for federally approved activities on federal lands, including unpatented mining claims, to allow for the director's review, so long as the purpose of the review process is not to deny use or expressly prohibit mining.

(d)

To minimize the burden on the applicant to provide duplicative information required by this article, at the applicant's request, the director may rely on information provided in permit applications submitted to state or federal agencies for the proposed mining operation.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

For the purpose of identifying those areas within the City and Borough within which surface disturbance or subsidence in support of exploration or mining activities is prohibited, the Mining and Exploration Surface Activities Exclusion District Maps A—F, dated June 5, 2006, as may be amended by the assembly by ordinance, is adopted. Except as otherwise provided, mining and related activities may be conducted elsewhere within the City and Borough subject to the provisions of this article.

(b)

This article does not regulate subsurface mining within or outside of the district except that subsidence within the district is prohibited. It is not the intent of this article to unreasonably limit or nullify private property rights.

(c)

For the purpose of regulating exploration and mining activities within the City and Borough, the Urban/Rural Mining District Map, dated June 5, 2006, as may be amended by the assembly by ordinance, is adopted.

(d)

Mines located in the rural mining district that will undergo environmental review by state agencies, federal agencies, or both, shall be permitted as allowable uses pursuant to CBJ 49.15.320 and shall not be subject to this article. In permitting such mines, the commission may impose conditions under CBJ 49.15.320(f)(1)—(8) and any additional conditions relating to traffic, lighting, safety, noise, dust, visual screening, surface subsidence, avalanches, landslides, and erosion deemed necessary by the commission.

(e)

For the purposes of this article:

(1)

Exploration means the process of advanced mineral commodity investigation subsequent to prospecting and prior to development.

(2)

Large mine means a mining operation involving more than 20 acres of affected surface disturbance; or having 75 or more personnel employed at the mining operation in the City and Borough, whether direct employees or employees of independent contractors, in any consecutive three-month period; or a mining operation that a federal agency has determined would involve a major federal action significantly affecting the quality of the human environment so that the preparation of an environmental impact statement in accordance with NEPA is required.

(3)

Mining operation means the development, construction or reclamation of a mine, including associated infrastructure, or the exploitation or extraction of a mineral commodity from its occurrence on or in the earth, or the operation of a mine. The term "mining operation" includes open pit mining, placer mining and underground mining, and the disposal of refuse, tailings or waste rock from any such operation. The term "mining operation" also includes transporting, concentrating, milling, evaporating and other on-site processing. The term "mining operation" does not include off-site smelting, refining, cleaning, preparing, transportation or other surface operations not conducted on the affected surface.

(4)

Small mine means a mining operation other than a large mine.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

In order to ensure that mining exploration is conducted in accordance with the environmental, health, safety, and general welfare concerns of the City and Borough, mining exploration activities are prohibited except as provided in this section.

(b)

Any applicant intending to conduct exploration operations must submit to the director a notice of mining exploration application, on a form specified by the director, and the processing fee specified in CBJ 49.85.100.

(c)

A notice of mining exploration application must include the following information:

(1)

A map identifying the area of the intended exploration activities on a scale no smaller than a scale of 1:1,000, where one inch equals one mile;

(2)

The proposed exploration schedule;

(3)

The plan for reclamation of the area to be disturbed by the exploration activities, including information about the methodology and cost of such reclamation sufficient to enable the director to determine an appropriate financial warranty; and

(4)

Copies of any prospecting permits, notices of intent to conduct exploration, or operating plans filed with any federal or state agency. An applicant shall supplement this information as needed with all modifications, revisions, and amendments to any permit application or plan submitted to any federal or state agency by the applicant, or with copies of any amended permits or plan approvals received by the applicant from any state or federal agency.

(d)

Upon determining that the exploration application is complete and that the required processing fee has been paid, the director shall determine whether a financial warranty will be required in accordance with CBJ 49.65.140, unless preempted by state or federal law. The director shall notify the applicant within 20 days after receiving the applicant's notice of intent whether a financial warranty will be required or waived. The requirement of a financial warranty may be waived if the director determines that a financial warranty is not necessary to ensure compliance with the requirements of this article. The waiver shall be in writing and shall set for the reasons for the waiver.

(e)

When the applicant has either submitted the required financial warranty or the director has notified the applicant that the financial warranty requirement is waived or the CBJ preempted from requiring a warranty, the applicant shall be authorized to conduct exploration activities in accordance with the exploration notice. In conducting exploration operations, the applicant shall comply with all applicable federal, state and City and Borough laws, rules, and regulations.

(f)

Upon completion of exploration activities and all necessary reclamation, the applicant shall notify the director that exploration and reclamation are complete and shall submit a map on a scale no smaller than a scale of 1:1,000, where one inch equals one mile, showing the location of the exploration and reclamation activities.

(g)

Procedure for release of financial warranty.

(1)

Unless preempted by state or federal law, the director shall inspect the area of exploration to determine whether reclamation has been completed in accordance with CBJ 49.65.149. If the director finds that the reclamation satisfies the standards of CBJ 49.65.149(b), either by the director's own review or in reliance upon a state or federal reclamation inspection or both, the financial warranty shall be released. If the director finds that the standards have not been satisfied, the director shall notify the applicant of the additional steps necessary to achieve compliance with CBJ 49.65.149. The director shall give the applicant a reasonable time to complete reclamation and request another inspection. If the director, after re-inspection or review, is not satisfied that the standards of CBJ 49.65.149(b) have been met, the director may declare so much of the financial warranty as necessary forfeited and, after notice and an opportunity for the applicant to appeal pursuant to CBJ 49.65.176, apply the financial warranty to complete reclamation.

(2)

Release of the financial warranty or notice to the applicant that the reclamation standards have not been met shall be given to the applicant no later than six months after the applicant has provided notice that exploration and reclamation are complete, as required by subsection (f) of this section.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

Except as provided in CBJ 49.65.115(c), no new mine shall commence mining operations unless the applicant has obtained a conditional use permit pursuant to chapter 49.15, article III, as modified by this article.

(b)

Applications, on a form specified by the director, shall be submitted to the director along with the fee required by CBJ 49.85.100, unless modified as provided in this section, and the following information:

(1)

Information establishing the right to use the affected surface;

(2)

A map showing the location of the mine site and the affected surface for that mine on a scale no smaller than a scale of 1:1,000, where one inch equals one mile;

(3)

A description and timetable of the proposed mining operation, including:

(i)

The anticipated duration of the mining operation;

(ii)

A description of all roads, buildings, processing, and related facilities or proposed infrastructure;

(iii)

The mining plan;

(iv)

The plan for reclamation;

(v)

The potential environmental, health, safety, and general welfare impacts of the proposed operation, including neighboring property impacts, and a description of the measures to be taken to mitigate the adverse effects of such impacts; and

(vi)

A description of the methods to be used to control, treat, transport, and dispose of any hazardous substances, sewage, and solid waste;

(4)

Certification that there will be no affected surface or significant subsidence within the boundaries of the mining and exploration surface activities exclusion district;

(5)

Any additional information determined by the director to be necessary to allow the director, after reviewing the application, to evaluate the proposed mining operation's compliance with CBJ 49.15.330 and 49.65.145;

(6)

Any other information requested by the director in relation to the pre-application conference held under CBJ 49.15.330(b); and

(7)

Copies of any state or federal permits issued in relation to the proposed mining operation, including the reclamation plan approved by the state under AS 27.19.030 and information related to any financial assurance required by the state under AS 27.19.040.

(c)

In addition to the materials required by subsection (b), permit applications for large mines must include the following additional information:

(1)

The mining operations labor force characteristics and timing;

(2)

Payroll projections; and

(3)

Unless waived by the director, the socioeconomic impact assessment required by CBJ 49.65.130, and any additional information determined by the director to be necessary to complete the assessment.

(d)

To the extent that the information required by this section has been provided by the applicant as part of any application submitted by the applicant to a state or federal agency, the applicant may rely on that application. The applicant shall provide the director with a copy of each state or federal application being relied upon, a cross-reference to the relevant portions of those applications, and a report on the current status of the applications.

(e)

The requirement to provide information under this section is continuing throughout the duration of the application process, and supplemental information regarding any changes in the information reasonably requested must be provided to the director.

(f)

Processing fee. The fee for processing the application shall be as specified in CBJ 49.85.100, and is in addition to any fee required by CBJ 49.65.130 for the socioeconomic impact assessment, or any fee for a professional consultant as provided by CBJ 49.65.135. While this fee is intended to cover the City and Borough's reasonable costs of review, after receipt of the application the director may determine that the cost of review is likely to substantially exceed the fee specified in CBJ 49.85.100. In that case, the director may, after consultation and discussion with the applicant, recommend an additional fee to the assembly. Such additional fee shall be approved by the assembly by motion and shall be set in an amount that will, as far as can be determined, cover the cost of reviewing the application, including reasonable administrative and overhead expenses. In recommending the additional fee, the director may consider any factors deemed relevant, including: the amount of staff effort required to adequately review the application; the involvement in the review process of other governmental agencies, either through a federal environmental review process or other procedure; the necessity for extraordinary travel and transportation costs that may be incurred by the director during review; the potential benefit of information generated by the application review to other mining operations or to the City and Borough; and the necessity for extraordinary communication, duplication, or publication costs arising from the review.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

A socioeconomic impact assessment evaluating the reasonable and foreseeable beneficial and adverse impacts, both direct and indirect, of the proposed mining operation on existing and future local conditions, facilities, and services shall be prepared by the director, or a consultant retained by the director for that purpose, unless waived. The director may waive all or part of the socioeconomic impact assessment when the director determines either that the information is not essential to evaluate the impacts the mining operation will have on the City and Borough, or that the proposed mining operation will cause no meaningful or significant impacts. A waiver shall be in writing and shall set forth the reasons for the waiver.

(b)

The impact assessment should include an evaluation of all reasonable, foreseeable, and demonstrable impacts of the proposed mining operation on transportation and traffic; sewer and water; solid waste; public safety and fire protection; education, native history and culture; health; recreation; housing; employment; local businesses; the rate, distribution, and demographic characteristics of any population changes induced by the mining operation; and the fiscal impacts of the mining operation on public facilities and services, including general government functions.

(c)

If information necessary to conduct the assessment is contained in a final environmental impact statement (EIS) prepared pursuant to the National Environmental Policy Act, the director shall rely on the EIS and may require the applicant to provide such supplemental information deemed necessary by the director to complete the assessment.

(d)

All reasonable costs and expenses required to prepare the assessment shall be paid to the director by the applicant prior to the initiation of the assessment.

(e)

The purpose of the impact assessment is to provide information to the director concerning possible beneficial and adverse impacts of the proposed mining operation for use in the preparation of the mitigation agreement required by CBJ 49.65.155.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

The director shall review the application in accordance with CBJ 49.15.330(d), as modified by this article.

(b)

The director's recommendation for approval or denial, with or without conditions, as required by CBJ 49.15.330(d)(3) or 49.65.145, shall be forwarded to the commission within the timelines specified below:

(1)

Small mines. In the case of small mine applications, the recommendation shall be forwarded to the commission within 35 days after the application has been accepted as complete by the director.

(2)

Large mines.

(A)

The director shall conduct a preliminary review of an application for a large mine within 20 days of its submission to determine whether the application is complete. The director shall then promptly schedule a meeting with the applicant for the following purposes:

(i)

To notify the applicant if the application is complete, and if not, to notify the applicant what additional information is needed to make the application complete.

(ii)

The director and the applicant shall establish the procedures for coordinating the review of the application with any review being undertaken by other agencies as part of a state or federal permit process.

(B)

Unless an environmental impact statement (EIS) is required by the National Environmental Policy Act (NEPA), or unless the applicant agrees to an extension, the director shall complete the review of the application within 90 days after the director has determined that the application is complete. If an EIS is required, then the timing of the review of the application shall be in accordance with the provisions of subsection (C), below.

(C)

If an EIS for the proposed mining operation is required under NEPA, then the application will not be considered complete until the draft environment impact statement (DEIS), the final environment impact statement (EIS), and all comments and testimony have been submitted to the director. The director may begin review of the application at any time after the filing of the DEIS with the director, but the recommendation may not be presented to the commission until the department has considered the final EIS. The applicant shall advise the department immediately at any time during the application process or thereafter if NEPA is involved so that the City and Borough may participate in the NEPA process.

(c)

The director's recommendation must consider whether the proposed mining operation will mitigate adverse environmental, health, safety, and general welfare impacts. The director's recommendation must include consideration of the following:

(1)

Whether air and water quality standards will be maintained in accordance with federal, state, and local laws, rules, and regulations;

(2)

Whether sewage, solid waste, hazardous and toxic materials will be properly contained and disposed of in accordance with federal, state, and local laws, rules, and regulations;

(3)

Whether the mining operation will be conducted in such a way as to minimize safety hazards to the extent reasonably practicable and to mitigate adverse impacts on the public and on neighboring properties such as those from traffic, noise, dust, unsightly visual aspects, surface subsidence, avalanches, landslides, and erosion;

(4)

Whether historic sites designated by the City and Borough as significant will be protected; and

(5)

The sufficiency of the proposed reclamation plan.

(d)

In making the determinations under subsection (c), the director shall find that the proposed mining operation will comply with state and federal law as to any standard or subject addressed by an applicable state or federal permit issued to the applicant for the proposed mining operation. However, the issuance of a state or federal permit shall not prohibit the director from recommending more stringent conditions on the proposed operation to the extent the City and Borough is not preempted by state or federal law, or from making a recommendation for denial if the director deems it is warranted in accordance with this article.

(e)

The director's recommendation for approval may include any conditions or stipulations the director deems to be reasonably necessary to mitigate adverse environmental, health, safety, or general welfare impacts that may result from the proposed mining operation. If the director makes a recommendation for approval, the director shall also make a recommendation on the amount of any financial warranty required by CBJ 49.65.150.

(f)

If the director determines that the proposed mining operation does not meet the standards required by CBJ 49.65.145 and 49.15.330, the director shall notify the applicant. The applicant may then withdraw the application, amend and resubmit the application, or allow the director's recommendation to be forwarded to the commission as written. If the application is resubmitted within 180 days of the initial submission, no new application fee will be required but the applicant shall pay any additional processing fee determined by the director to be reasonably necessary to defray the cost of reviewing the revised application to the extent that it is different from the original submittal.

(g)

If the director determines that proper review of the application will require the department to retain outside professional assistance, the director may, in the director's discretion, obtain an outside professional consultant. The fee for the consultant shall be borne by the applicant.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

Once complete, the director's recommendations shall be provided to the applicant and placed on the agenda for the next regularly scheduled meeting after public notice has been given as required by CBJ 49.15.230.

(b)

The commission shall hear the application as a conditional use permit application as provided in chapter 49.15, article III, as modified by this article.

(c)

If the commission determines that the application, with stipulations or conditions as appropriate, satisfies the standards of CBJ 49.65.145 and 49.15.330, it shall approve the application, including the reclamation plan or any cooperative management agreement with the state under 11 AAC 97.700, and set the amount of the financial warranty under CBJ 49.65.150. When the applicant has submitted a financial warranty in the amount set by the commission in a form satisfactory to the municipal attorney, and executed any mitigation agreement required by CBJ 49.65.155, the permit shall be promptly issued by the director.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

The commission shall impose as a condition of any permit issued by the commission the following requirements:

(1)

The mining operation must be conducted in accordance with this article, CBJ 49.15.330, and any other applicable provisions of the City and Borough Code in such a way as to mitigate adverse environmental, health, safety, and general welfare impacts;

(2)

Air and water quality must be maintained in accordance with any applicable federal, state, and local laws, rules and regulations, or permits;

(3)

Hazardous and toxic materials, sewage, and solid waste shall be properly contained and disposed of in accordance with applicable federal, state, and local laws, rules and regulations;

(4)

All mining operations shall be conducted according to the standards of the City and Borough as contained in this article, CBJ 49.15.330, the conditional use mining permit, and any other applicable provisions of the City and Borough Code, so as to minimize to the extent reasonably practicable safety hazards, and to control and mitigate adverse impacts on the public and neighboring properties, such as from traffic overloading, noise, dust, unsightly visual aspects, surface subsidence, avalanches, landslides and erosion;

(5)

Appropriate historic sites designated as significant by the City and Borough shall be protected;

(6)

Reclamation of all affected surfaces, imposed as part of a conditional use permit in accordance with CBJ 49.65.149 or as set by the state under AS 27.19.030, be completed as soon as is reasonable after affected surface areas are no longer being used in exploration and mining operations; and

(7)

In the case of large mines, that the applicant comply with the mitigation agreement required by CBJ 49.65.155;

(8)

The applicant will maintain the financial warranty in the amount approved by the director or the commission, including any amendments to the required financial warranty amount under CBJ 49.65.150(g);

(9)

The loss of any applicable state or federal permit may result in the revocation of the conditional use permit; and

(10)

In the event mining operations violate or threaten to violate this article, CBJ 49.15.330, or a permit issued under this article, the applicant shall notify the director of such fact and of the steps to be taken to return to compliance, or to resolve the potential noncompliance.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

As required by CBJ 49.65.145, and to the extent not preempted by state or federal law, it shall be a condition of all permits issued under this article that reclamation of all affected surfaces, imposed as part of a conditional use permit issued under this article or as set by the state under AS 27.19.030, be completed as soon as is practicable after affected surface areas are no longer being used in exploration and mining operations. The reclamation plan shall be submitted with the mining application, as required by CBJ 49.65.125(b)(3)(iv).

(b)

If not addressed in a reclamation plan approved by the state under AS 27.19.030, and to the extent not preempted by state or federal law, reclamation required under this article shall include the following requirements:

(1)

Cleanup and disposal of dangerous, hazardous or toxic materials;

(2)

Regrading of steep slopes of unconsolidated material to create a stable slope;

(3)

Backfilling underground shafts and tunnels to the extent appropriate;

(4)

Adequate pillaring or other support to prevent subsidence or sloughing;

(5)

Plugging or sealing of abandoned shafts, tunnels, adits or other openings;

(6)

Adequate steps to control or avoid soil erosion or wind erosion;

(7)

Control of water runoff;

(8)

Revegetation of tailings and affected surface areas with plant materials that are capable of self-regeneration without continued dependence on irrigation and equipment where appropriate;

(9)

Rehabilitation of fisheries and wildlife habitat; and

(10)

Any other conditions imposed by the commission to prevent unnecessary or undue degradation of land and water resources. For the purposes of this subsection, "unnecessary and undue degradation" has the same meaning as defined by AS 27.19.100.

(c)

Subsequent to the issuance of a permit or the grant of authority under an exploration notice, the applicant's compliance shall be measured against the requirements contained in that permit or the conditions of the exploration notice and the applicant's plans submitted with the permit application or the notice.

(d)

If a reclamation plan has been required by the state under AS 27.19.030, and upon approval by the state, the City and Borough may enter into a cooperative management agreement as provided by 11 AAC 97.700 to coordinate oversight and implementation of reclamation activities required of the applicant with other agencies.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

The purpose of the financial warranty is to ensure that, if the applicant fails to comply with any obligation, requirement, or condition imposed by any permit or exploration notice issued under this article, there will be sufficient funds available to the City and Borough to enable it to complete the required work.

(b)

To the extent not preempted by state or federal law, no permit shall be issued or exploration authorized pursuant to this article until any required financial warranty has been submitted by the applicant, approved by the municipal attorney, and accepted by the director.

(c)

The director reserves the right to seek forfeiture of the financial warranty, in whole or in part, in the interest of protecting the environmental, health, safety and general welfare requirements of the City and Borough if the director determines that the applicant has violated the obligations, requirements, or conditions imposed by any permit or exploration notice issued under this article. The forfeiture shall be limited to the extent necessary to satisfy the obligations, requirements, or conditions that the applicant has violated.

(d)

The amount of the financial warranty for an exploration notice shall be set by the director. The amount of the financial warranty for small mines and large mines shall be determined by the commission. The financial warranty shall be set in the amount necessary to ensure the completion of all work required by any permit or exploration notice issued under this chapter that the City and Borough may require to the extent not preempted by state or federal law. In recommending and setting the amount of the financial warranty, the director and the commission, respectively, shall take into consideration the amount and scope of any financial warranties that have been submitted to other agencies. When the performance of such obligations is guaranteed by financial warranties that have been submitted to other agencies, the applicant may be required to post a separate financial warranty with the City and Borough if the municipal attorney determines that the financial warranty submitted to another agency does not create a lien or interest sufficient to protect the interests of the City and Borough. Examples of obligations to be covered by the financial warranty required under this section may include, but are not limited to:

(1)

Construction of berms, dikes, spillways, channels, or other facilities to control, detain, retain, or reduce runoff, soil erosion, and siltation, or to divert water around waste, tailings, stockpiles or other facilities or disturbed areas;

(2)

Installation and maintenance of landscaping, including berming, tree planting and other required grading or planting to provide visual and sound barriers and to eliminate or reduce the appearance of scarring;

(3)

Installation and maintenance of road or highway improvements to mitigate the impact of increased traffic or heavy trucking that is measurable and directly attributable to the mining operation; such facilities may include speed access ramps or lanes, turn lanes, intersection improvements, traffic-control devices or private haulage ways where necessary to avoid the use of public roads or highways. The cost of installation or maintenance described in this subsection shall be shared by the applicant and the City and Borough in relation to the proportion of the directly attributable and measurable impact on traffic of the applicant's activities or the facilities being maintained, installed or improved;

(4)

Reclamation of affected surfaces during and following exploration and mining operations;

(5)

Regrading of steep slopes of unconsolidated materials to create a stable slope;

(6)

Installation of facilities required to prevent or reduce degradation of air or water quality or to contain or control toxic or hazardous wastes;

(7)

Removal of buildings, structures or equipment where appropriate;

(8)

Any other obligations as necessary to conform to the commission's determinations under CBJ 49.15.330 and 49.65.145.

(d)

The financial warranty required under this article for a large or small mine permit or an exploration notice may be in any one or a combination of the following forms at the option of the applicant, provided that the cumulative amount is equal to the amount provided in subsection (b) of this section:

(1)

Cash;

(2)

Certificate of deposit;

(3)

An irrevocable standby letter of credit from a United States bank; or

(4)

A surety bond from a bonding company licensed to do business in Alaska that is satisfactory to the director for credit worthiness. Interest on cash deposits or certificates of deposit will accrue to the credit of the applicant.

(e)

In addition to the forms of financial warranty set forth in this section, with respect to a small mine permit or an exploration notice, the applicant may elect to use a property bond as a form of financial warranty; provided, that at least ten percent of the total amount of the financial warranty shall be cash or a certificate of deposit; and provided further, that the commission determines that the value of the property is equivalent to the amount required to be generated for satisfaction of the obligation and the municipal attorney determines that the bond creates a lien with sufficient priority to permit its collection should such become necessary.

(f)

The form of financial warranty shall provide that the funds may be used by the City and Borough to satisfy the obligations described in this section when there has been a determination by the director that the applicant has not completed its obligations in a timely manner or has otherwise violated the terms of its permit or conditions of its exploration notice, and after notice and opportunity to perform the obligation has been given to the applicant.

(g)

The amount of the financial warranty shall be reviewed annually by the director, and a determination shall be made whether the amount should be increased or decreased, taking into account changes in the obligations of the applicant to be undertaken during the ensuing year, cost of current obligations of final reclamation, and changes due to inflation of deflation.

(h)

If the amount of financial warranty is to be increased or decreased by the determination made in subsection (g) of this section, then the actual increase or decrease shall be made according to the procedure in subsection (d) of this section.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

With respect to a large mine permit application, the applicant shall negotiate and enter into a mitigation agreement with the City and Borough.

(b)

The mitigation agreement shall establish responsibility for the mitigation of reasonably foreseeable and demonstrable adverse impacts of the mining operation not addressed by the reclamation plan, including direct impacts and indirect impacts. The applicant shall be responsible for mitigating the direct impacts. The City and Borough shall be responsible for mitigating indirect impacts except where the costs of mitigating specific indirect impacts are found by the manager to:

(1)

Exceed the amount of any City and Borough nonproprietary revenue increase attributable to the mining operation; and

(2)

Require a direct and significant increase in local taxes or fees to adequately mitigate the impact.

(c)

Highly speculative impacts shall not be included in the mitigation agreement. Taxes and nonproprietary revenues generated as a result of the proposed mining operation shall be a factor considered in negotiating the mitigation agreement. This agreement shall be incorporated as part of the permit, as required by CBJ 49.65.145.

(d)

This subsection does not limit or otherwise affect the authority of the director or the commission to condition or place stipulations on a permit pursuant to this article or the conditional use process as provided in chapter 49.15, article III.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

Exploration notices and permits for mining operations shall remain in effect for the duration of the operation identified in the notice or in the application, subject to the conditions of this section and providing that the following conditions are met:

(1)

The financial warranty must remain in full force and effect;

(2)

The operator must not be found to be in substantial violation of this article; and

(3)

With respect to a large or small mine permit, mining operations must be continued in accordance with the plan contained in the application for at least 90 days in each year as to a large mine, and for at least 30 days in each year as to a small mine.

(b)

During the term of any exploration notice or permit, the director may, pursuant to CBJ 49.65.150(g), revise the amount of the financial warranty. If the amount of the financial warranty is increased, the operator shall submit the appropriate amount of additional financial warranty within 60 days of the director's determination.

(c)

The operator shall advise the director within ten days of the date upon which the applicant receives notice that a financial warranty that has been submitted to any other agency is reduced or released.

(d)

If at any time during the term of a permit the operator determines that it will not conduct mining operations for the applicable time minimums established in CBJ 49.65.160(a)(3), the operator shall notify the director and request that the mining operation be placed in an inactive status. In conjunction with this notification, and as a condition to granting a request for inactive status, the operator shall advise the director of the measures it will employ to prevent hazardous or dangerous conditions, erosion, or other environmental damage that may result from the operator's activities, and the security measures it will employ at the mining operation during the inactive period. An applicant may continue in inactive status for a five-year period and may, with the permission of the director, obtain successive five-year extensions of that status. At the conclusion of inactive status, the operator shall either resume operations or commence final reclamation in accordance with the approved reclamation plans. If an operator ceases operations for more than one year but does not request inactive status, the director may require the operator to commence final reclamation in accordance with its plans.

(e)

Throughout the duration of a large mine permit, the operator of a large mine shall also notify the director not less than 60 days prior to requesting placement on inactive status. The operator and the City and Borough shall maintain a process to exchange information regarding the impact on the City and Borough that may result from a change in mining operations. In addition, the operator shall provide the director with copies of any notification it may be required to provide to federal agencies under federal law concerning proposed personnel layoffs at its mining operation. The director may waive any of these notification requirements in the event of an unforeseen act of God or disaster.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

During the term of each exploration notice, the operator shall submit annual progress reports to the director on or before March 31 of each year. The progress report must describe the areas in which exploration was conducted during the preceding year, the amount of acreage that was disturbed by such exploration, and the nature and extent of associated reclamation activities.

(b)

During the term of each small mine permit or large mine permit, including any inactive period, the operator shall submit an annual progress report to the director on or before March 31 of each year describing the status of the mining operation in relation to the approved mining plan and timetable, and describing reclamation activities during the year.

(c)

The director shall have ongoing authority to monitor any mining operation for which a permit has been issued in order to ascertain whether the mining operation is in compliance with the requirements, terms, conditions and mitigation measures in the permit. The operator shall, upon reasonable notice, provide the director with access, at reasonable times, to the premises and to the records of the mining operation to the extent such access is necessary to ascertain whether the mining operation is in compliance.

(d)

Throughout the duration of the term of a small mine permit or a large mine permit, the operator shall pay to the director an annual monitoring fee to defray the costs of inspecting and reviewing the affected surface and compliance with the permit. The annual monitoring fee shall be such amount as may be established by the commission as necessary to cover the reasonable costs of inspection and review.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

During the term of a permit, the operator shall notify the director of all technical revisions to its operations. As used in this section a "technical revision" is a change in operations that does not, in the judgment of the director, have more than a minor effect on reclamation and that does not change the total amount of disturbance or the overall environmental or socioeconomic impact of the mining operation. After the technical revision is submitted to the director, the director shall within 30 days determine and notify the operator whether a permit amendment or summary approval of the change is necessary or whether the technical revisions may be accomplished under the operator's existing permit.

(b)

If the operator or the director determines that the change to the mining operations are more than a technical revision, or if the changes will require preparation of a new or supplemental environmental impact statement, the permit shall be amended unless summary approval of the change is granted pursuant to (b)(2) of this section.

(1)

Except as provided in subsection (2) of this section, the operator shall file with the director an application for amendment to its original permit, together with an application with the same content as required for an original application, except that no operator will be required to resubmit any information that duplicates applicable previous submittals. The permit amendment application shall be processed in accordance with the same procedure as established for processing permits under CBJ 49.65.125, 49.65.135 and 49.65.140. The operator shall not commence changes requested in its amendment application until the permit amendment has been approved and, if appropriate, additional financial warranties submitted.

(2)

Summary approval.

(A)

Upon request of the operator, the director may summarily approve a proposed change in mining operations not constituting a new land use or separate development upon a written determination that:

(i)

The mine is located entirely outside the roaded service area established in CBJ 01.30.320;

(ii)

The application is complete, providing all of the information necessary for the director to make the summary approval determinations set forth in subsections (i)—(iv);

(iii)

The proposed change in mining operations will have no significant impact within the roaded service area on habitat, sound, screening, drainage, traffic, lighting, safety, dust, surface subsidence, avalanches, landslides, or erosion; and

(iv)

The proposed change in mining operations has undergone or is undergoing environmental review and approval by one or more federal agencies, state agencies, or both.

(B)

The director shall make the determination required by this subsection (2) within 45 days unless additional information is required. If the director requires additional information to make the determination, upon written notification to the operator, the time for determination may be extended for up to 20 additional days after submittal by the operator of the additional information. If an environmental impact statement is required by one or more federal agencies, completion of the draft environmental impact statement is necessary for summary approval.

(C)

Planning commission review.

(i)

The director shall promptly forward the proposed summary approval to the planning commission after the determination is completed. The planning commission may ratify or reject the proposed summary approval.

(ii)

If the commission rejects the proposed summary approval, it may:

(a)

Return the matter to the director for further consideration of whether the director, in consultation with the operator, can address issues identified by the commission through imposition of conditions or changes in the proposed mining operation; or

(b)

Direct that the proposed change be processed by the director as an application for an allowable use permit for which the commission may impose conditions under CBJ 49.15.320(f)(1)—(8) and such additional conditions as are necessary to reduce to non-significant any impacts in the roaded service area on habitat, sound, screening, drainage, traffic, lighting, safety, dust, surface subsidence, avalanches, landslides, or erosion.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

This article shall be enforced in accordance with chapter 49.10, article VI and CBJ 49.65.195.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

Any person who is aggrieved by a decision of the director or the commission with respect to this article, other than one under CBJ 49.65.175, may appeal that decision to the commission or the assembly, as applicable, as provided in chapter 49.20, article I.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

Upon completion of mining operations, the operator shall file a written notice of completion with the director when it believes it has completed any or all requirements of this article, CBJ 49.15.330 and its permit with respect to any or all of its affect surfaces. The director shall, within 90 days after receiving the notice, or as soon thereafter as weather conditions permit, inspect the lands and reclamation described in the notice to determine whether the operator has complied with all applicable requirements.

(b)

If the director determines that the operator has successfully complied with all the requirements of this article, CBJ 49.15.330 and the permit, it shall release all financial warranties applicable to said requirements. Release shall be in writing and shall be delivered to the operator promptly after the date of such filing.

(c)

If the director finds that the operator has not complied with the requirements of this article, CBJ 49.15.330 or the permit, it shall so advise the operator not more than 90 days after the date of the inspection. The operator shall be given a reasonable time to comply with requirements before a second inspection. If the operator does not complete the requirements, or if after reinspection the director is not satisfied that the operator has complied with all the requirements of this article, CBJ 49.15.330 or the permit, the financial warranty shall be subject to forfeiture to the extent necessary to satisfy any outstanding requirements.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

Any operator desiring to transfer its rights under an exploration notice or a conditional use mining permit shall submit a request for transfer to the director, on a form specified by the director.

(b)

The director may approve the request for transfer if the director finds:

(1)

The proposed operator will conduct the operations covered by the notice or permit in accordance with the requirements of this article and any additional requirements set by the director;

(2)

The proposed operator has submitted a financial warranty at least equivalent to the financial warranty of the original operator and such other amount as may be determined using the procedures in CBJ 49.65.140;

(3)

The proposed operator will continue to conduct the operations involved in full compliance with the terms and conditions of the original notice or permit; and all obligations and responsibilities undertaken by the original operator shall be accepted and assumed by the proposed operator.

(c)

The director may deny approval of the request for transfer if the original operator has any existing notice or permit violations at the time of the request until such time as the violations have been remedied. If the director approves the transfer, the financial warranty submitted by the original operator shall be released.

(d)

Director decisions on transfer requests must be in writing.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

Upon request of any applicant or operator, information in any application or report relating to the location, size, grade, geology or geochemistry of any ore deposit, proprietary process information, or information as to cost of mine construction or operation shall be kept confidential to the extent permitted by law. Information to be maintained as confidential must be separately presented to the director and must be marked "Confidential."

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

Subject to the procedures of this section, the commission may suspend or revoke a permit issued under this article, or the authority to operate under an exploration notice pursuant to CBJ 49.65.120, upon a determination by the commission that:

(1)

The exploration of mining operations are not in material and substantial compliance with the requirements of the exploration notice or permit issued under this chapter or by any state or federal agency, and such material and substantial noncompliance remains unremedied after issuance of a compliance order issued pursuant to CBJ 49.10.620; or

(2)

The exploration of mining operations under the notice or permit have a history or pattern of intentional or grossly negligent noncompliance and compliance orders have previously been issued for such past events of noncompliance. Good faith efforts to remedy events of noncompliance shall create an inference that such noncompliance is not a cause for suspension or revocation.

(b)

The director shall provide the operator with written notification that the director is recommending that the commission consider the entry of a suspension or revocation order under subsection (a) of this section. The written notification shall set forth the reasons for the director's recommendation and the operator's right to a hearing before the commission. The commission shall schedule a hearing within 30 days after the operator has received the written notification. At the hearing, the director shall have the burden of establishing that the operator is not in material and substantial compliance with the permit or authority to operate under an exploration notice, or that there is a past history or pattern on noncompliance sufficient to justify suspension or revocation.

(c)

Upon written notification of the entry of a suspension or revocation order to the operator or to any person operating under the authority of the permit or exploration notice, all exploration or mining operations shall cease except those specifically authorized by the commission in the order or if the assembly stays the order pending appeal.

(d)

A suspended notice or permit may be reinstated by the commission upon a determination that the exploration or mining operations have been brought into compliance with the conditions of the notice or permit. A notice or permit that has been revoked may not be reissued by the commission until the commission determines that the exploration or mining operation has been brought into compliance with the terms and conditions of the notice or permit, and the operator has clearly and convincingly demonstrated that preventative measures have been taken to ensure that those conditions giving rise to the revocation will not reoccur.

(e)

A suspension or revocation order may be appealed to the assembly in accordance with chapter 49.20, article I. Pending appeal, the assembly may in its discretion stay an order of suspension or revocation.

(f)

The rights of suspension or revocation provided for in this section are in addition to any rights or powers vested in the City and Borough in CBJ 49.65.175 or chapter 49.10, article VI.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

Large mine, small mine, and exploration operations occurring in territory annexed by the City and Borough that have been issued the federal and state permits or approvals necessary for the operation, including, if applicable, permits or approvals necessary to operate in accordance with the National Environmental Policy Act (NEPA) process, shall be deemed to have been issued a large mine permit, a small mine permit, or an exploration notice, as applicable, under this article and to otherwise be eligible to operate pursuant to this article upon the effective date of annexation; provided, that all such federal and state permits or approvals are currently valid. With the exception of the initial permit application and exploration notice filing requirements, the operator shall be subject to all of the requirements of this article in effect upon the effective date of annexation, including the technical revisions and permit amendment requirements, and the monitoring fee enforcement and revocation or suspension provisions, in the same manner as any other operator. The terms of the City and Borough permit or notice shall be deemed to be the terms of the state and federal permits or approvals, unless and until a permit amendment is required. The operator shall be required to execute documentation acknowledging that the permit or notice deemed to be issued under this article shall have the same terms as the federal and state permits or approvals unless and until a permit amendment is required, and that the operator, and the permit or notice deemed issued, shall be subject to all of the requirements of this article in effect upon the effective date of annexation with the exception of the initial permit application and exploration notice filing requirements.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

If any section, subsection, paragraph, sentence, clause or phrase of this article is for any reason held unlawful or otherwise invalid, such holding shall not affect the remaining portions of the article. The City and Borough declares that it would have enacted this article and each and every part thereof, irrespective of the fact that any one or more parts might be held unlawful or otherwise invalid.

(Serial No. 2018-28, § 2, 8-13-2018, eff. 9-13-2018)

(a)

The use of property for the excavation, removal or other extraction of stone, sand, gravel, clay or other natural deposits and formations, including the processing of the materials, may be authorized in any district only under a conditional use permit issued by the commission under the procedures set forth in chapter 49.15, article III, as modified by this article. For the purpose of this article, processing does not include the use of the material for the manufacturing of asphalt, concrete or similar processes requiring the incorporation of significant substances from off the site. No use which may be authorized under this article, regardless of the date of commencement, may be continued or conducted except in accordance with a permit issued under the authority of this article.

(b)

Site grading and preparation required for a proposed permitted use is exempt from the requirement of this article if:

(1)

Such extraction is a necessary incident to work authorized under a valid building permit, or for improvements which are part of an approved subdivision plat if the material is used within the original tract or parcel subdivided, if all necessary building, grading, and other applicable permits have been issued;

(2)

Such extraction is a necessary incident to the location or placement of work located primarily in the public way which is exempt from the building code; provided this exemption does not include excavation, the primary purpose of which is to produce materials for use on the same or a different site;

(3)

Such extraction is for cemetery graves, excavations for wells or tunnels, or utilities, or is an exploratory excavation totaling less than 200 cubic yards and is under the direction of a mining or soils engineer or an engineering geologist; or

(4)

Such extraction is less than two feet in depth and will not create a cut slope greater than five feet in height or steeper than 1½ horizontal to one vertical and does not involve the removal of more than 200 cubic yards from the lot.

(Serial No. 87-49, § 2, 1987)

Each person who requires a permit under this article shall file an application with the department. The application shall contain a plan for the excavation operation, storage, on-site processing if permitted in the district, and site restoration. The plan shall include:

(1)

A graphic and legal description of the property;

(2)

A topographic map showing the existing topography, vegetation, drainage features, ground water level, structures, significant natural and artificial conditions of the land, on-site and off-site geophysical hazards which may affect or be affected by the proposed operation, proposed structures, roads, stockpiling and operation;

(3)

A topographic map and a typical cross section showing the proposed finished contour on the land, vegetation, drainage features, limits of overburden clearing, structures, and significant natural and artificial conditions of the property which will exist upon completion of the site restoration plan;

(4)

Topographic mapping required in subsections (2) and (3) of this section for areas having a slope of less than five percent shall show spot elevations at all breaks in grade, drainage channels or swales and at selected points not more than 100 feet apart in all directions. For areas having a slope of greater than five percent, contours shall be shown at an interval of not more than five feet where the ground slope is regular: however, contour intervals of not more than two feet may be required where necessary to adequately show irregular land features or drainage details;

(5)

The plan shall include a map showing ingress and egress points for trucks and other equipment;

(6)

The plan shall include a map showing all buildings and structures to be located on the site; and

(7)

A narrative statement describing the operation, on-site processing, stockpiling, and site restoration shall be included showing:

(A)

A site drainage plan;

(B)

A method of securing the area, including installation of gates at access points, posting, and fencing;

(C)

Methods to be used to minimize noise pollution and visual blight;

(D)

The proposed hours and days of operation during the year;

(E)

The estimated amount and general type of material present and to be removed from the site;

(F)

The results of test holes which show the water table level, if any, and the general type and location of materials to be removed;

(G)

The date by which it is anticipated the extraction and processing operation will be completed;

(H)

A schedule for completion of necessary site restoration work;

(I)

Operating procedures for control of airborne particulates and other pollutant emissions from the site and equipment used at the site that may affect areas beyond the site boundaries;

(J)

The identification of any geophysical hazards which may affect or be affected by the proposed operation. A statement of the possible impact of the hazard on the operation and of the operation on the hazard including methods of reducing the impact shall be included;

(K)

The date of establishment of the operation and history of adjacent land development; and

(L)

Such additional relevant information as the commission or department may request.

(Serial No. 87-49, § 2, 1987)

(a)

Upon receipt of an application and the required filing fee, the department shall review the submission for completeness. If it determines that the submission is incomplete, it shall so notify the applicant in writing within ten days of submission. Unless the director grants an extension, applications which have not been corrected within 60 days of the notice of incompleteness shall be considered withdrawn and the applicant shall be entitled to a refund of one-half the application fee paid. Upon a determination that the application is complete, the department shall schedule a public hearing to be held within 45 days of the receipt of the complete application. Upon receipt of a complete application and the required fee, the department shall submit a copy of the application to the engineering department for a report containing an evaluation of the information in the application and shall include recommendations relating to the effect the proposed extraction and expected traffic will have upon the streets and other improvements of the City and Borough, whether such streets and improvements are existing or projected; the water table, water quality, and drainage; and all properties within the area of influence of the proposed operation.

(b)

The department shall review the application and the engineering department report and shall transmit the report along with its own report and recommendations to the commission and the applicant. The report of the department shall include an evaluation of the plans, data and other submissions of the applicant and shall include its estimate of the community's need for the type and grade of materials which the applicant proposes to remove from the site. The department shall comment on the compatibility of the proposed operation with present and future development of the neighborhood, roads, utilities and public services in the surrounding area, and on provisions for dealing with traffic congestion, noise, dust, aesthetic deterioration, drainage, geophysical hazards, water pollution and other adverse environmental effects.

(Serial No. 87-49, § 2, 1987)

Before any permit, permit modifications, permit transfer, permit extension, or the waiver or modification of the requirements of section 49.65.240 on existing conditional use permits is granted, it shall be considered by the commission at a public hearing. Such hearing shall be held within 45 days after the filing of the complete application.

(Serial No. 87-49, § 2, 1987)

Notice of the hearing on the application shall be published in a newspaper of general circulation in the City and Borough not less than ten days nor more than 20 days prior to the date of the hearing. Not less than ten days prior to the date of the hearing, a notice of the hearing shall be mailed to owners of property within 300 feet of the boundaries of the property which is the subject of the application, exclusive of adjoining property held under the same ownership as the property involved, using for this purpose the names and address of the owners as shown in the records of the City and Borough assessor. Failure to send notice by mail to a property owner shall not invalidate any proceedings in connection with an application.

(Serial No. 87-49, § 2, 1987)

Within 30 days of the hearing, the commission shall take action on the application. After the public hearing on the application, the commission may grant the permit but shall first consider each of the following areas and may impose such restrictions as may be necessary to protect the public health, safety and welfare:

(1)

The hours, days, and times of year of operation;

(2)

Screening, whether natural or artificial, to reduce or eliminate adverse visual, audible or other impacts of the operation;

(3)

Measures to protect the public from the dangers of the operation or site, to prevent casual or easy access to the area, or to prevent the operation or area from being an unprotected attractive nuisance;

(4)

Final and working slope ratios of the face of any extraction area to the extent necessary to protect abutting public and private property, and to protect the future beneficial uses of the property as described in the applicant's plan for development and restoration;

(5)

Measures to protect private and public property adjoining the operation and to guarantee orderly and safe traffic circulation both on the public streets and within the permit application area;

(6)

Measures which will ensure adequate drainage or collection and storage of surface waters to protect surrounding property, eliminate dangers to the public, or to protect the future beneficial use of the property as described in the applicant's plan for development and restoration;

(7)

Measures to protect the water level and water quality;

(8)

Measures to minimize or eliminate airborne particulates, visual blight, noise and other adverse environmental effects;

(9)

Restoration measures and schedule;

(10)

Other measures designed to protect the public health, safety and welfare, including preservation of neighboring property; and

(11)

Present development and past history of the neighboring property.

(Serial No. 87-49, § 2, 1987)

Unless specifically waived by the commission, the requirements of this article shall be a condition of all permits issued. The commission may not waive or modify any of the following requirements except upon a finding that the requirement would serve no useful purpose. Such finding must be supported by substantial evidence in the record of the hearing before the commission:

(1)

A strip of land at the existing topographic level, and not less than 15 feet in width, shall be retained at the periphery of the site wherever the site abuts a public way. This periphery strip shall not be altered except as authorized for access points. This section does not alter the applicant's duty to maintain subjacent support.

(2)

If the bank of any extraction area within the permit area is above the high water line or water table, it shall be left upon termination of associated extraction operations with a slope no greater than the angle of repose for unconsolidated material of the kind composing it, or such other angle as the commission may prescribe. If extraction operations cause ponding or retained water in the excavated area, the slope of the submerged working face shall not exceed a slope of 3:1 from the edge of the usual water line to a water depth of seven feet. This slope ratio may not be exceeded during extraction operations unless casual or easy access to the site is prevented by a fence, natural barriers, or both.

(Serial No. 87-49, § 2, 1987)

No permit granted under this article shall become effective until there has been filed with the City and Borough a performance bond or other guarantee such as a cash deposit, royalty deposit, a primary security interest in real property or transfer of real property to the City and Borough, or other instrument approved as to form and type by the city attorney in an amount determined by the engineering department to be adequate to cover the cost of site restoration, completion of the project, and the performance of other required work. The amount of the guarantee shall be increased from time to time as determined by the engineering department to take into account inflation. A permit shall terminate if the permittee fails, within 90 days of permit issuance, to provide the guarantee required by this section or fails, within 30 days of notice thereof, to provide the increased coverage required by the engineering department. For good cause shown, the manager or the manager's designee may extend the 90-day period. The amount of a guarantee may be reduced to the extent the engineering department determines permit conditions have been performed.

(Serial No. 87-49, § 2, 1987)

Each permit shall expire upon a date determined by the commission. The termination date shall be based on the lesser of the time requested by the applicant, the time reasonably required to extract the material available from the site, or the time material from the site will be needed by the community. The applicant may obtain reconsideration of the termination date decision upon a request filed within seven days of the decision. The applicant shall be given an opportunity to be heard at the reconsideration. The burden shall be on the applicant to prove that a longer period is justified in order to amortize improvements required by the commission or that the period established by the commission is otherwise unreasonable.

(Serial No. 87-49, § 2, 1987)

Permits granted under this article and former section 49.25.603 are transferable to any other person, partnership, corporation, joint venture or other association upon approval by the department. A transfer shall not be approved unless the department finds that there has been compliance with all conditions applicable during the period preceding the transfer. No transfer shall be effective until a satisfactory performance guarantee has been filed with the City and Borough.

(Serial No. 87-49, § 2, 1987)

A permittee may apply for a modification of a permit. If the department determines that the requested modification is a minor modification which will not have a significant impact on public or other private property and is within the spirit and intent of the conditions of the original permit, the department may tentatively approve the modification. The department shall notify the commission of the tentative approval. At the meeting at which the commission receives notification of the tentative approval, the commission may reject the modifications tentatively approved by the department. If the commission takes no action on the tentative approval or approves or changes it, it shall be final and effective on the day following the commission meeting or such date as the commission may determine. If the commission rejects the tentative modification or determines that the modification requested is not a minor modification, the tentative approval is void. If the commission rejects a tentative approval or the department or the commission determines that the requested modification is not a minor modification, the applicant may pay the required fee and submit information required under section 49.65.215 which is necessary for evaluation of the requested modification. The commission may grant, in whole or in part, the requested modification and may establish such conditions as may be necessary. A modification may not be approved unless the commission finds that there has been compliance with all conditions applicable during the period preceding the request for modification. If the commission finds after the public hearing on the application that conditions have changed since the original permit was issued or that an unanticipated condition exists, it may further modify the conditions of the permit and impose such additional conditions as it deems necessary to accomplish the purpose of this article. The permit as modified shall become effective upon the filing of a satisfactory performance guarantee covering the new or changed permit conditions.

(Serial No. 87-49, § 2, 1987)

The applicant, a municipal officer or any person who submitted written or oral testimony at the hearing may appeal the decision of the commission to the assembly in accordance with chapter 01.50.

(Serial No. 87-49, § 2, 1987; Serial No. 97-30, § 2, 1997)

(a)

The manager may suspend a permit issued under this article upon a determination that the site or operation is not in compliance with the conditions of the permit. Upon the oral or written notification of the suspension to the permit holder or to any person operating under the authority of the permit, all operations under the permit shall cease except those specifically authorized by the manager in the suspension notice. An oral notice shall be followed as soon as practical by a written notice. A suspended permit may be reinstated by the manager upon a determination the site or operation has been brought into compliance with the conditions of the permit.

(b)

The manager may revoke a permit if there is substantial noncompliance with the terms of the permit or the site or operation under the permit has a history of noncompliance. Upon oral or written notification of the revocation to the permit holder or to any person operating under the authority of the permit, all operations under the permit shall cease except those specifically authorized by the manager in the revocation notice. An oral notice shall be followed as soon as practical by a written notice. A permit which has been revoked may not be reissued; however, an application for a new permit at the site may be filed. If a new permit is filed, the commission may consider the history of noncompliance with the prior permit conditions in determining whether a new permit should be issued.

(c)

A suspension or revocation order may be appealed to the planning commission.

(Serial No. 87-49, § 2, 1987; Serial No. 2021-19, § 6, 8-2-2021, eff. 9-1-2021)

Mobile homes may be located on individual lots outside of mobile home parks or mobile home subdivisions only under the following conditions and after issuance of a building permit:

(1)

A mobile home may be used as a temporary structure during construction of a dwelling on a lot. Occupancy of the mobile home is permitted only after issuance of a building permit for the dwelling under construction and only if construction commences within 120 days of issuance of the permit.

(2)

Mobile homes which meet the building code and zoning requirements applicable to permanent construction may be located on any lot in the same manner.

(3)

The commission may issue a conditional use permit for a single mobile home used as an ordinary residence on an individual lot in the RR, rural reserve district, and the D1 and D3, residential districts, or used as a caretaker residence in any district.

(Serial No. 87-49, § 2, 1987)

(a)

Park permit required exemptions.

(1)

No person shall establish, maintain, expand, alter, modify, reconstruct or operate a mobile home park, or expand a mobile home park existing at the time the ordinance codified in this article becomes effective except pursuant to a valid conditional use permit issued pursuant to chapter 49.15, article III, as modified by this article.

(2)

Mobile home parks existing on September 5, 1981, are exempt from the provisions of subsections (b)(2)—(5) of this section, except that if such an exempted park is expanded, the entire park shall be made to substantially conform with the requirements for new parks except those establishing street widths and mobile home space layout. The remaining sections of this chapter are applicable to such existing parks.

(b)

Park design requirements.

(1)

Dimensional site standards. Dimensional site standards are as follows:

(A)

Minimum mobile home park area, two acres;

(B)

Minimum setback from public streets, 25 feet;

(C)

Minimum side and rear yard setback from the exterior lot line, 15 feet;

(D)

Standards for mobile home lots within mobile home parks are as follows:

(i)

Lot occupancy. No more than one mobile home shall occupy a mobile home lot. No other dwelling unit shall occupy a mobile home lot.

(ii)

Minimum lot size. All single mobile home lots shall be at least of 3,000 square feet in area, except that a doublewide mobile home lot shall be at least 4,500 square feet in area.

(iii)

Separation of mobile homes. No wall, post, or column supporting a roof of any mobile home, accessory building, or addition to any mobile home shall be placed less than 15 feet away from any other mobile home, accessory buildings or addition. A mobile home, or its addition or accessory building having an interior finish of gypsum board or equivalent fire resistive materials, may be placed no less than ten feet from one likewise finished, and no less than 12½ feet from one not so finished. An accessory building to a mobile home may be placed less than ten feet away from that mobile home or its addition. Eaves and other projections may extend no more than 12 inches into the separation distance. Uncovered ramps and associated landings needed for access by people with disabilities may project five feet into the separation distance.

(iv)

Maximum lot coverage. Coverage of a mobile home lot shall not exceed 50 percent of the total land area.

(2)

Road and parking standards.

(A)

Two driveway entrances may be permitted to serve a mobile home park when spaced not less than 200 feet apart. Additional driveway entrances may be allowed upon approval by the commission if such entrance or entrances are spaced not less than 200 feet from any other entrance. The driveway entrances shall be at right angles to the public road from which they are served. This angle shall be maintained for a distance of at least 100 feet.

(B)

Access roads within the mobile home park shall have a minimum width of 30 feet. Every mobile home lot shall abut an access road. Direct access to any public right-of-way from individual mobile home lots shall not be permitted. Streets shall be surfaced with all-weather material such as gravel, cinders, asphalt or concrete to a minimum surface width of 22 feet.

(C)

Minimum off-street parking spaces on each mobile home lot shall be as provided in section 49.40.210 of this title for single-family residences.

(3)

Recreation; playgrounds. A minimum of 200 square feet of playground in the mobile home park shall be provided for each mobile home lot. No playground area shall contain less than 2,500 square feet.

(4)

Transient camper spaces. Transient camper spaces are permitted in any mobile home park as an accessory use subject to conditional use approval. Such spaces shall be provided with toilet and shower facilities meeting applicable state requirements, segregated according to sex, and adjacent to the transient unit area. Transient campers shall have separate lots and shall meet the same setback requirements as permanent units. Transient units shall not be allowed to exist as permanent units.

(5)

Sales lots. Sales lots upon which unoccupied trailers are displayed for sale shall not be located within a mobile home park, provided that mobile home units for sale or rent in place may be located within the park providing they meet all the criteria set forth in this chapter.

(c)

Park establishment.

(1)

Mobile home parks may be established as a conditional use only in the following zoning districts: D-10 SF residential district, D-10, D-15, D-18, multifamily residential districts, LC, light, and GC, general commercial districts.

(2)

A preliminary plan shall be submitted for concept review by the commission. The preliminary plan need not include complete engineering drawings but should be sufficiently complete to allow for review of all design standards.

(3)

After concept approval by the commission, the developer shall submit a final plan. The final plan shall contain the following information:

(A)

The name, address and interest in the property of the applicant;

(B)

The location and legal description of the mobile home park; and

(C)

Complete engineering plans and specifications for the proposed mobile home park. The plans and specifications shall include:

(i)

The area and dimensions of tract of land;

(ii)

The number, location, and size of all lots with the required yard setback designated on each lot;

(iii)

The location, width and surface of access streets and walkways;

(iv)

The location of water and sewer lines;

(v)

The location, type, and size of sewage disposal facilities;

(vi)

The location of water source;

(vii)

The location and size of any buildings existing or proposed for construction within the mobile home park;

(viii)

A plan for refuse disposal;

(ix)

The location and distribution of electrical systems;

(x)

The location and storage of heating fuel; and

(xi)

The location and size of playground areas.

(4)

Building permit required. It is unlawful for any person to construct, alter or extend any mobile home park except pursuant to a valid building permit. The permit shall not be issued until the plans and specifications have been approved by the commission, state department of environmental conservation or other review agencies.

(d)

Expiration of permits. Any final approval of a development permit issued under this article shall expire according to the expiration schedule for development permits in chapter 49.15, article II.

(e)

Submission of park drawing. Each mobile home park in existence on the effective date of the ordinance codified in this article shall submit a complete and accurate park drawing. The drawing shall show above ground improvements and setback measurements. An engineer's or surveyor's certification is not required. All new mobile home parks shall have the four corners of each lot staked with a permanent surveyor's monument.

(f)

Annual inspection. An annual inspection by the City and Borough building department shall be required for operation of any mobile home park within the City and Borough. A certificate of inspection of mobile home parks will be issued annually after the park has satisfactorily passed an inspection by the building official. The inspection will be made for the purpose of examining the park for compliance with this Code, the building codes, and other applicable codes. If deficiencies are found to exist in any portion of the mobile home park a provisional certificate of inspection may be issued. The provisional certificate of inspection shall define the deficiencies together with an established time to correct the same. Unless such deficiencies are corrected within the established time the provisional certificate of inspection shall be revoked and the City and Borough may proceed with legal action against the park owner. The park owner shall be responsible for correction of any deficiencies within the time limit specified.

(g)

Responsibilities of management.

(1)

The person to whom a conditional use permit for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(2)

The park management shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter.

(3)

The park management shall supervise the placement of each mobile home on its mobile home stand.

(4)

The park management shall provide and maintain the proper size electrical receptacle, breaker and grounding at the electrical service for each mobile home lot.

(5)

The park management shall maintain a current register containing the names of all park occupants identified by lot number or street address. Such register shall be available to any authorized person inspecting the park.

(6)

The park management shall maintain roads within the mobile home park in a condition which will permit the park occupants safe access to and from each mobile home. The roads shall meet maintenance standards acceptable to the City and Borough.

(h)

Responsibilities of occupants.

(1)

Each park occupant shall comply with all applicable requirements of this chapter and shall maintain his or her mobile home lot, facilities, and equipment in good repair and in a clean and sanitary condition.

(2)

Each park occupant shall be responsible for proper placement of the mobile home on the mobile home stand and proper installation of utility connections in accordance with City and Borough standards.

(3)

Porches, awnings, and other additions shall be installed only if permitted and approved by the park management. When installed they shall be maintained in good repair.

(4)

Each park occupant shall store and dispose of all rubbish and garbage in a sanitary and safe manner. The garbage container shall be rodentproof, insectproof and watertight.

(5)

Smoke alarms and fire extinguishers for Class B and Class C fires shall be kept at each park occupant's premises and maintained in working condition.

(6)

The area beneath the mobile home shall be enclosed by skirting.

(Serial No. 87-49, § 2, 1987; Serial No. 2000-39, § 2, 10-16-2000; Serial No. 2007-39, § 13, 6-25-2007)

(a)

Purpose. To address the requirements for mobile home subdivisions approved under a previous version of the CBJ Municipal Code.

(b)

Pre-1987 mobile home subdivision map. There is adopted the mobile home subdivision map dated June 5, 2006, as the same may be amended from time to time by the assembly by ordinance.

(c)

Requirements. One mobile home may occupy a separate lot in the mobile home subdivisions designated on the Pre-1987 mobile home subdivision map. If a mobile home is removed from a lot, it may be replaced with one mobile home. A mobile home or a mobile home must comply with all other standards of the underlying zoning district. Section 49.65.320 of the Land Use Code does not apply to this code section (49.65.315).

(Serial No. 2006-15, § 17, 6-5-2006)

(a)

Purpose. Mobile home subdivisions meeting the requirements of this article and the zoning code may be approved. It is the intent of the City and Borough to provide for subdivisions in which lots may be created which are more in scale with the requirements for mobile homes.

(b)

Applicability and scope. The following section applies to the development of a mobile home subdivision which is a use allowed in the D-5, and D-10 SF residential districts, D-10, D-15 and D-18, multifamily residential districts.

(c)

Density. A mobile home subdivision must comply with the density requirement of the district in which it is located, irrespective of the minimum lot size.

(d)

Permit procedure. A mobile home subdivision shall be approved under the conditional use permit procedure if it meets all requirements applicable to a major subdivision, as modified by this section.

(e)

Special standards.

(1)

Tract size. The minimum tract size which may be submitted for subdivision under this section shall be five acres.

(2)

Dimensional standards. Dimensional standards are:

(A)

Minimum lot size, 4,700 square feet;

(B)

Minimum width of lot at front building line, 47 feet;

(C)

Reserved;

(D)

Maximum lot coverage, 50 percent;

(E)

Maximum building height, 35 feet;

(F)

Minimum front yard setback, 15 feet;

(G)

Minimum rear yard setback, 15 feet;

(H)

Minimum side yard setback, 7½ feet.

(3)

Buffer. A buffer not less than 15 feet in depth shall be maintained around the perimeter of the subdivision except at authorized access points. The buffer is a required subdivision improvement and shall be installed or constructed to the standards promulgated by the director prior to final approval of the final plat or shall be guaranteed as is provided for other required subdivision improvements. All or a part of the buffer may fall within one or more of the lots in the subdivision. There shall be, by virtue of the designation of any part of a lot as required perimeter buffer space, easements in favor of both the homeowners' association required by subsection (e)(6) of this section and the City and Borough across such lots for the purpose of access to and maintenance of the buffer.

The required buffer around the subdivision shall be maintained so as to remain attractive and functional. The buffer shall be maintained to such reasonable standards as may be prescribed by the director. If it is determined that the buffer is not being maintained to such standards, the association shall be ordered to do such work as is necessary to bring the buffer up to standards. If the homeowners' association fails or refuses to accomplish the required work within such reasonable time as may be allowed, the City and Borough may accomplish the work or may contract with another for the work. All costs to the municipality of the work shall be paid by the association immediately upon demand by the City and Borough. If the association fails to promptly pay the amount due, that amount shall be prorated among all lots within the subdivision and the prorated amount shall be a lien upon such lots. Upon the order of the manager, the amount charged against each lot and remaining unpaid shall be billed to each lot on the real property tax bill of each lot subject to the lien and shall be collected at the same time and in the same manner as are the real property taxes on the lot. The association may recover the cost of buffer restoration, replacement or repair from the person or persons who caused the damage necessitating the restoration, replacement or repair.

No person may move, cut, destroy, damage or injure any tree, shrub or improvement within the required buffer surrounding the subdivision except for the purpose of maintenance or improvement of the buffer when such work has been authorized by the City and Borough manager or by the written authorization from the officer or officers of the association to whom such power has been delegated by the association. In the event of a conflict between an authorization or order by the manager and an authorization by the association, the authorization or order by the manager shall control.

Setbacks shall be measured from the property line without regard to the existence of any part of the lot being designated as a buffer strip.

(4)

Common space. One or more developable lots shall be set aside and deeded to the homeowners' association for community open or recreational use or other uses designated by the homeowners' association. The total area of such lot or lots shall not be less than 100 square feet times the number of all other lots in the subdivision. The manager may require the deed to the homeowners' association to contain provisions for the conveyance or transfer of such property to the municipality for public use if the homeowners' association ever ceases to exist.

(5)

Other requirements. The commission may require traffic control devices, turnaround space and other requirements of an appropriate nature where such additional requirements appear to be reasonably required to minimize the adverse internal or external impact of the subdivision development.

(6)

Homeowners' association. No plat under this section may be given final approval until there is on file with the department a homeowners' association agreement or other instrument approved as to form and content by the director and the attorney. Until over 50 percent of the lots are sold to others, no changes may be made to the agreement without the approval of the director. The director may require the initial use of an agreement provided by the City and Borough. Unless provided otherwise in the initial agreement approved by the City and Borough, after over 50 percent of the lots are sold, changes to the agreement may be made without approval or further involvement of the City and Borough; provided, such agreements do not supersede any ordinance or regulation of the City and Borough. All persons who are owners of property within a mobile home subdivision shall be members of a homeowners' association for the subdivision. The association shall maintain the required buffer surrounding the subdivision and the required common open or recreation space as well as any other green strips, buffers, open or recreation areas or improvements reserved for the use of the occupants which are required by the commission as a condition of approval of the plat.

(7)

Street width and construction. The width of dedicated rights-of-way shall be a minimum of 50 feet; each cul-de-sac shall have a minimum radius of 50 feet. No plat under this section may be approved until the streets and culs-de-sac are constructed or their construction has been guaranteed. Streets, culs-de-sac and associated ditches and other improvements shall be constructed to City and Borough standards.

(8)

Restrictions on occupancy of lots. After the subdivision of one or more parcels into a mobile home subdivision, no lots may be transferred in ownership from the subdivider until one-half or more of the lots are the subject of binding contracts for sale which become effective upon the contracting for sale of one-half of the lots in the subdivision or such greater number as may be specified in the contract documents. No building permits for on-site construction within a mobile home subdivision may be issued until there is on file with the zoning administrator or other person designated by the director a sworn statement by the subdivider that one-half or more of the lots in the subdivision have been sold.

(Serial No. 87-49, § 2, 1987; Serial No. 2007-39, § 14, 6-25-2007; Serial No. 2021-28, § 7, 8-23-2021, eff. 9-22-2021)

(a)

No person may operate an existing recreational vehicle park or construct, develop, establish, maintain, expand, alter, modify or reconstruct a recreational vehicle park except pursuant to a conditional use and operations permit issued under this article.

(b)

An operations permit issued or renewed under this article expires on December 31 of the year in which it is issued or renewed. The initial operations permit shall be issued with the conditional use permit issued pursuant to section 49.65.410. An application for a renewal shall describe any significant changes in the park since the preceding renewal and shall be submitted to the department between September 1 and November 30 of the year in which the permit is scheduled to expire. The department may issue a renewal upon a determination that:

(1)

The park meets all the conditions established by the commission;

(2)

The park meets all building, health and other applicable codes; and

(3)

The park meets the minimum applicable standards of the Fire Safety Criteria for Recreational Vehicles, National Fire Protection Association Standard 501(c) (1982) and the Standards for Recreational Vehicle Parks and Campgrounds, National Fire Protection Association Standard 501(d) (1982)

(c)

If deficiencies not posing a serious or imminent threat to life or property are found to exist in the recreational vehicle park, a provisional operations permit may be issued. A provisional operations permit shall list the deficiencies, the remedies therefor and an established time, not exceeding three months, to correct the deficiencies. If the deficiencies noted in the provisional operations permit are not corrected within the time established, the department shall revoke the permit and provide notice thereof to the commission and the owner or operator of the park.

(d)

The commission shall establish a date for a hearing on the revocation. The owner or manager of the park shall be notified of the hearing date and may appear and be heard. After the hearing, the commission shall affirm or reject the revocation.

(Serial No. 87-49, § 2, 1987)

Recreational vehicle parks may be established as a conditional use but only in the areas designated on the map, entitled "Recreational Vehicle Park Zone" dated June 5, 2006; except, recreational vehicle parks may not be established in the industrial zone.

(Serial No. 87-49, § 2, 1987; Serial No. 2006-15, § 18, 6-5-2006)

(a)

Form of application. All applications for a recreational vehicle park conditional use permit shall be made to the department on forms provided by it the department.

(b)

Application contents. The application shall contain the following information:

(1)

The name, address and interest in the property of the applicant;

(2)

The location and legal description of the recreational vehicle park; and

(3)

Proposed site plans and specifications for the recreational vehicle park. The plans and specifications shall include:

(A)

The area and dimensions of tract of land;

(B)

The number, location and size of all spaces;

(C)

The location, width and surfacing of access streets and walkways;

(D)

The location of water and sewer lines;

(E)

The location, type, and size of sewage disposal facilities;

(F)

The location of water source;

(G)

The location and size of any buildings existing or proposed for construction within the recreational vehicle park;

(H)

A plan for refuse disposal;

(I)

The location and distribution of electrical systems;

(J)

The location and size of recreation areas;

(K)

A landscaping plan;

(L)

A snow removal plan; and

(M)

The applicant shall provide such additional information as the department or commission may require.

(c)

Submission of final plans. After commission approval under the conditional use procedure and standards, as modified by this chapter, the applicant shall submit final site and engineering plans to the department for a determination of compliance with the conditions of the permit and with the requirements of this chapter.

(Serial No. 87-49, § 2, 1987)

(a)

Dimensional site standards. Recreational vehicle parks shall meet the following standards:

(1)

A park shall be at least two acres in area.

(2)

The park shall have a maximum density of 20 recreational vehicle spaces per acre. The commission may reduce the density based on-site and neighborhood characteristics, access, impact on neighboring property, and other relevant factors.

(3)

Each recreational vehicle park shall have set aside along the perimeter of the park the following areas which will be landscaped and used for no other purpose:

(A)

Minimum front setback. Minimum front setback, 25 feet;

(B)

Minimum side and rear setback. When abutting residential districts, the side and rear setback at the exterior lot line shall be 15 feet;

(C)

Minimum interior separation. Recreational vehicle units must be separated from each other and from other structures by at least 15 feet.

(b)

Street system.

(1)

Access to recreational vehicle parks shall be designed to minimize congestion and hazards at entrance and exit and shall be approved by the City and Borough engineer. All traffic into and out of the parks shall be through such entrances and exits. Access to recreational vehicle spaces shall be from internal streets only.

(2)

No entrance or exit from a recreational vehicle park may be permitted from a local street or through an established residential neighborhood. The applicant shall construct the necessary access in all cases where there is no existing all-weather surfaced street or road meeting City and Borough standards connecting the recreational vehicle park site with an improved existing public street or road. Any street or road improvement required beyond the boundary of the recreational vehicle park must be approved by the city engineer.

(3)

Access roads within the recreational vehicle park shall be surfaced with all-weather material approved by the engineering department and shall have a minimum width of 15 feet for one-way traffic and 25 feet for two-way traffic.

(4)

At least one and one-half parking spaces per recreational vehicle space shall be provided in the park. Unless a waiver is obtained pursuant to CBJ 49.40.210(d)(6), at least one parking space shall be provided at each recreational vehicle space.

(c)

Recreation. A recreational vehicle park shall include at least one outdoor recreation area which must be easily accessible from all recreational vehicle spaces. The recreation area shall contain not less than five square feet per park acre. Area design and equipment shall be subject to approval by the director.

(d)

Landscaping approval required. To enhance aesthetics, buffer the surrounding neighborhood from the park, and ensure public safety, the recreational vehicle park must be enclosed by a fence, wall, landscape screening, earth mounds or other features approved by the director.

(e)

Site conditions. Soil condition, ground water level, drainage, ground cover and topography shall be considered and compensated for in the siting of the park. The park may not be sited so as to create a hazard to the health and safety of its occupants and may not be exposed to objectionable smoke, noise, odor, geophysical hazard or other adverse influence.

(f)

Sewage disposal facilities. Each recreational vehicle park shall provide a minimum of one sanitary station unless all recreational vehicle spaces are provided with sewage hookups.

(g)

Tenant toilet facilities. Each recreational vehicle park shall provide a minimum of one tenant toilet facility.

(Serial No. 87-49, § 2, 1987; Serial No. 2016-46, § 5, 3-6-2017, eff. 4-4-2017)

(a)

Indoor recreational facilities, coin-operated laundry facilities, stores and similar convenience facilities, but not including headquarters, toilets, showers, sanitary stations and similar structures necessary for the operation of a recreational vehicle park, are subject to the following additional standards:

(1)

The total area occupied by such structures and the parking areas primarily related to their operations may not exceed five percent of the gross area of the park.

(2)

Signs advertising of the commercial character of such structures may not be visible from any street outside the park.

(3)

Such structures shall be directly accessible only from a street within the park.

(b)

Recreational vehicles shall not be displayed for sale within a recreational vehicle park.

(Serial No. 87-49, § 2, 1987)

A building permit for the construction, alteration or expansion of a recreational vehicle park shall not be issued until the commission has approved the conditional use permit for the park and the department has approved the final site and engineering plans.

(Serial No. 87-49, § 2, 1987)

(a)

Recreational vehicles shall be licensed to operate on state highways while located within a recreational vehicle park. Except for temporary repairs, the removal of wheels, the installation of skirting, and the installation of appurtenances are prohibited. An unenclosed fuel, oil or propane tank shall be permitted provided it does not violate the required setbacks.

(b)

A recreational vehicle park that allows individual recreational vehicles within the park to be occupied for periods in excess of 90 days per year shall:

(1)

Provide one code-approved electrical stand for each recreational vehicle space;

(2)

Provide ten-pound ABC fire extinguishers available for public use located so that there is at least one such extinguisher within 75 feet of each recreational vehicle space;

(3)

Require that each recreational vehicle be able to be moved within ten minutes of notice;

(4)

Require that each recreational vehicle contain a smoke alarm and fire extinguisher and implement an inspection program to monitor compliance; and

(5)

Require that tanks containing liquefied petroleum gas not exceed a total capacity of 100 gallons for each recreational vehicle space served.

(Serial No. 87-49, § 2, 1987)

(a)

The person to whom a permit for a recreational vehicle park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition.

(b)

The park management shall notify park occupants of all applicable provisions of this chapter.

(c)

The park management shall supervise the placement of each recreational vehicle on its recreational vehicle space. Placement includes securing, stabilizing and installing all utility connections.

(Serial No. 87-49, § 2, 1987)

The purpose of this article is to regulate convenience stores located in the areas designated on the convenience store use area maps A—B dated June 5, 2006.

(Serial No. 87-49, § 2, 1987; Serial No. 2004-09, § 3, 4-12-2004; Serial No. 2006-15, § 19, 6-5-2006)

A convenience store use is allowed in the LC, Light Commercial; GC, General Commercial; MU and MU2, Mixed-use districts; and I, Industrial districts according to the procedures and standards of these districts. This article applies to the approval of a convenience store in those areas of the City and Borough designated for this use on the convenience store use area maps A—B outside these zoning districts.

(Serial No. 87-49, § 2, 1987; Serial No. 2004-09, § 3, 4-12-2004; Serial No. 2006-15, § 20, 6-5-2006)

An application to locate a convenience store shall be reviewed as a conditional use permit. In addition to the regular submittals, a current traffic analysis shall be required. The project will be reviewed and approved by the commission on the basis of compliance with the standards and bonus awards set out in Sections 49.65.530 and 49.65.540.

(Serial No. 87-49, § 2, 1987; Serial No. 2004-09, § 3, 4-12-2004)

(a)

Stores may be approved in each of the areas shown on the convenience store use area maps A—B [attached to Serial No. 2022-04(b)].

(b)

Video rentals, a laundromat, and an automatic teller machine may be permitted as accessory uses. Automobile fuel sales may be permitted as an accessory use in locations with adequate space for queuing. The retail area for liquor sales may occupy no more than 50 percent of the gross floor area. Automotive service and exterior merchandising shall not be permitted. Drive-up window service may be permitted only if vehicle queues will not extend into adjacent streets.

(c)

Except as authorized by the bonus provisions of this article, gross floor area shall be limited to 3,000 square feet.

(d)

Vehicle access must be directly from an arterial or collector, and not from a local street.

(e)

Height shall be limited to one story except that a second story may be allowed for residential use and for accessory office and storage uses, provided that any storage use must relate directly to the primary permitted use.

(f)

The site perimeter and parking area shall be landscaped and screened with live material installed within ten months of the date of final construction permit approval or issuance of a certificate of occupancy, whichever is the later. The commission may authorize a bond or other security or collateral required pursuant to CBJ 49.15.330(g)(5) a provision specifying that the bond shall be forfeited if landscaping is not complete by the time required or if any plants dying within one year of installation are not replaced. Development abutting a lot zoned for residential use shall include landscaped strips or landscape boxes at least five feet wide unless the applicant demonstrates that a narrower landscape strip meets the intent of this section. The strips shall be covered with ground cover and shall be maintained throughout the year such that:

(1)

On a property line shared with the residential lot the strip shall include a continuous shrub screen, fence, or both, six feet high and 95 percent opaque. The screen shall include one tree at least six feet high at installation per 30 lineal feet;

(2)

On a property line adjacent to a street the strip shall include a continuous low shrub screen on a berm or other raised facility which is at least five feet wide, landscaped at a slope not greater than the natural angle of repose, and consistent with sight distance requirements for vehicle egress. The strip width may be reduced to not less than 18 inches to accommodate planter boxes and sight obscuring fences. The screen shall include one tree per 30 lineal feet;

(3)

On all other property lines except those along driveways the strip shall include a continuous low shrub screen with one tree per 30 lineal feet at least six feet high at installation.

(g)

Outside of the town center parking area, the minimum off-street parking requirement shall be one space per 250 square feet of gross floor area.

(h)

Exterior bear-resistant public litter cans shall be provided.

(i)

The exterior building appearance, including siding, roofline, windows, paint colors, and building massing shall be compatible on all sides with surrounding uses.

(j)

Exterior lighting may not shed light or glare above the roofline of the building or beyond the property line of the site.

(k)

The building shall be set back from any property line shared with a residentially zoned parcel by a distance of 20 feet or the distance required by the underlying zoning district, whichever is greater.

(l)

No more than 80 percent of the lot shall be covered by an impervious surface.

(m)

The layout of the store shall provide for views from the cash register of bicycle racks, telephones, seating areas, and other exterior public amenities.

(n)

The parking lot shall be paved and striped with spaces and a circulation pattern.

(o)

Headlight glare shall not be permitted onto residentially zoned lots adjacent to the site.

(p)

Liquor sales shall not be permitted from drive-in window(s).

(Serial No. 87-49, § 2, 1987; Serial No. 99-22, § 10, 1999; Serial No. 2004-09, § 3, 4-12-2004; Serial No. 2006-15, § 21, 6-5-2006; Serial No. 2022-04(b), § 3, 4-25-2022, eff. 5-26-2022)

(a)

The planning commission may allow development in excess of 3,000 square feet but no more than 5,000 square feet of total gross floor area upon written findings awarding a bonus. Except as otherwise provided in this section, the bonus shall be 500 square feet each for compliance with any of the following criteria:

(1)

The area proposed for retail alcohol sales is less than 1,500 square feet in net floor area. The bonus shall be 1,000 square feet.

(2)

The development includes a lighted pathway on site connecting to bus stops, crossings, walkways or other points of off-site pedestrian activity and indicated by a surface material or color reasonably different from adjacent areas. Lighting shall be shielded from residential uses.

(3)

The development includes a covered bicycle rack comprising at least five stalls and not encroaching into a pedestrian walkway or vehicle area.

(4)

The loading area, garbage containers, utility meters and mechanical equipment are to a reasonable extent visually and acoustically screened from adjacent residential property.

(5)

The development includes a public transit facility approved by the Manager and the Alaska Department of Transportation and Public Facilities. The maximum bonus shall be 1,000 square feet.

(6)

The berm required by section 49.65.530(f)(2) is at least ten feet wide.

(7)

At least ten percent of the interior parking area is planted with a mixture of trees, shrubs, or planter boxes.

(b)

An award of a bonus under subsection (a)(3) or (a)(5) of this section shall reduce the parking otherwise required by CBJ 49.65.530(g) to one space per 350 square feet of gross floor area.

(Serial No. 2004-09, § 3, 4-12-2004)

The intent of this chapter is to encourage construction of small houses on property served by municipal water and sewer and publicly maintained roads. Bungalow style infill development is intended to allow property to be utilized to its maximum potential without adversely impacting established residential neighborhoods.

(Serial No. 2007-13, § 3, 4-2-2007)

(a)

Subdivisions creating bungalow lots must meet the following requirements:

(1)

Lots must be served by municipal water and sewer and publicly maintained roads.

(2)

In zoning districts D1, D3, D5, D10-SF, and D10, subdivisions shall not exceed two bungalow lots for each standard lot.

(3)

In zoning districts D15 and D18, bungalow lots may be platted without creating standard lots.

(4)

A note shall be included on all plats which create bungalow lots, providing: "At the time of plat recording, structures on (lot and block number for all bungalow lots) were limited to one 1,000 square foot detached single-family residence per lot; other restrictions apply as well. See the City and Borough of Juneau Land Use Code for current regulations."

(5)

Lots created through the Planned Unit Development process shall not be further subdivided into bungalow lots.

(Serial No. 2007-13, § 3, 4-2-2007; Serial No. 2015-03(c)(am), § 41, 8-31-2015)

(a)

The review procedure for bungalow lot subdivisions shall be:

(1)

In zoning districts D1, D3, D5, D10-SF, and D10:

(A)

A minor subdivision procedure may be used for subdivision of a parcel into not more than four lots, provided that no fewer than one standard lot for each bungalow lot shall be created through this process.

(B)

Subdivisions containing one standard lot and two bungalow lots shall be processed as major subdivisions.

(2)

In zoning districts D15 and D18, bungalow lots may be platted through the subdivision process set forth in chapter 49.15, article IV.

(Serial No. 2007-13, § 3, 4-2-2007; Serial No. 2015-03(c)(am), § 42, 8-31-2015)

(a)

Construction on bungalow lots shall be limited to the following:

(1)

One detached single-family dwelling with a net floor area not to exceed 1,000 square feet, and in addition, no more than 300 square feet, net floor area, of enclosed storage space such as garages, carports or sheds.

(2)

A single attached accessory dwelling unit may be constructed within the allowable footprint of a single-family dwelling, to include the conversion of a covered parking area.

(3)

Structures on bungalow lots shall not exceed 25 feet in height, as measured under section CBJC 49.25.420.

(4)

Area calculations for staircases and elevators:

(A)

Up to 100 square feet of the footprint of interior staircases and elevators shall not be counted toward the net floor area of the dwelling.

(B)

The footprint of exterior staircases or elevators providing access to floors above the ground floor shall be counted toward the net floor area of the dwelling.

(5)

Up to 100 square feet of a second story deck shall not be counted toward the net floor area.

(6)

The primary entrance must be separate from the garage or carport, and where practicable, must be clearly visible from the street providing access. Where such visibility is not practicable, a pedestrian path must be provided from the street to the primary entrance.

(b)

The following dwelling types shall be prohibited on bungalow lots:

(1)

Detached accessory dwelling units

(2)

Mobile homes

(3)

Recreational vehicles

(4)

Bed and breakfast or boarding houses

(Serial No. 2007-13, § 3, 4-2-2007; Serial No. 2025-15am, § 2, 4-7-2025, eff. 5-6-2025)

The purpose of this article is to allow, in certain residential districts, the development of common wall residential structures where each dwelling and underlying property is held under separate ownership.

(Serial No. 87-49, § 2, 1987; Serial No. 2015-03(c)(am), § 43, 8-31-2015)

The development of a common wall subdivision involves a two-step approval process: the approval of a development permit and the approval of a common wall subdivision permit.

(Serial No. 87-49, § 2, 1987; Serial No. 2015-03(c)(am), § 44, 8-31-2015)

(a)

The development permits required for construction of common wall development are either department review, or planning commission review under the conditional use permit process. The particular permit is determined by which zoning district within which the project is located, and the proposed number of units, in accordance with the CBJ table of permissible uses.

(1)

Department review.

(A)

Application submittals. The following submittals are required with an application for department approval:

(i)

Building plans that meet the requirements of this chapter and Title 19.

(ii)

A sketch plat in accordance with CBJ 49.15.410. The sketch plat must include information necessary to demonstrate that the proposed common wall development will be able to comply with all the dimensional standards of this article after the parcel and structure have been divided.

(iii)

A draft set of common wall agreements and homeowner agreements which set forth the rights and obligations of the owners for all common elements of the development.

(B)

Application review. The application shall be reviewed by the director in accordance with CBJ 49.15.310.

(2)

Planning commission review.

(A)

Application submittals. The following submittals shall be required with the conditional use permit application:

(i)

Building plans that include a detailed site plan and elevations of the proposed structures. Plans suitable for a building permit application are not required at this time.

(ii)

A draft set of common wall agreements and homeowner's agreements which set forth the rights and obligations of the owners for all common elements of the development.

(iii)

A sketch plat in accordance with CBJ 49.15.410. The sketch plat must include that information necessary to demonstrate that the proposed common wall development will comply with all the dimensional standards of this article after the parcel and structure have been divided.

(B)

Application review. The commission will review and approve the application in accordance with CBJ 49.15.330.

(Serial No. 2015-03(c)(am), § 45, 8-31-2015)

Editor's note— Sec. 45 of Serial No. 2015-03(c)(am), adopted Aug. 31, 2015, repealed and reenacted § 49.65.710 to read as herein set out. Former 49.65.710 pertained to four dwellings or less, and derived from Serial No. 87-49, 1987.

(a)

The applicant shall submit an application to subdivide the common wall development into individual dwellings and lots in accordance with 49.15.401, 49.15.402, CBJ 49.65 article VII, and the following additional requirements:

(1)

Preliminary plat. The following additional items will be submitted with the preliminary plat:

(A)

An as-built survey that includes all structures and the location of the common walls in relation to the proposed common property lines.

(B)

Framing inspections that document substantial construction of all units in accordance with the preliminary plans approved by the director or the commission through the department approval, or the conditional use process, respectively.

(C)

Final common wall agreements and/or homeowners' agreements suitable for recording.

(b)

Final plat. After review and approval of the final plat, in accordance with CBJ 49.15.412, the plat and the common wall agreement documents may be recorded by the department at the state recorder's office at Juneau at the applicant's expense, after issuance of final occupancy permits.

(Serial No. 2015-03(c)(am), § 46, 8-31-2015)

Editor's note— Sec. 45 of Serial No. 2015-03(c)(am), adopted Aug. 31, 2015, repealed and reenacted § 49.65.720 to read as herein set out. Former 49.65.710 pertained to five dwellings or more, and derived from Serial No. 87-49, 1987.

The use of each common wall dwelling shall be limited to a single-family dwelling and accessory uses.

(Serial No. 87-49, § 2, 1987)

All common wall dwellings must be served by individual public water and sewer services unless otherwise authorized by CBJ Title 75.

(Serial No. 87-49, § 2, 1987; Serial No. 2015-03(c)(am), § 47, 8-31-2015)

(a)

Common wall development shall meet the parking requirements for single-family dwellings in accordance with CBJ 49.40.

(b)

For common wall structures of three or more dwellings, access to public rights-of-way may be restricted to common driveways for each pair of dwellings.

(c)

The commission can consider alternative parking and access proposals, such as common parking areas, under the conditional use permitting process.

(d)

All common parking and access arrangements shall include appropriate easements and homeowners' agreements.

(Serial No. 87-49, § 2, 1987; Serial No. 2015-03(c)(am), § 48, 8-31-2015)

The density allowed for common wall dwellings in any zoning district is the density specified for dwellings other than duplexes in that district and in accordance with CBJ 49.25, article V.

(Serial No. 87-49, § 2, 1987; Serial No. 2015-03(c)(am), § 49, 8-31-2015)

Common wall development is allowed in the D-5, D-10 SF, D-10, D-15 and D-18, residential districts, and the MU2, mixed use district, except that no common wall development of three or more adjoining units is allowed in the D-5, residential district.

(Serial No. 87-49, § 2, 1987; Serial No. 98-09, § 10, 1998; Serial No. 98-19, § 2, 1998; Serial No. 2007-39, § 15, 6-25-2007)

Common wall development shall meet the dimensional standards of the zoning district in which it is located except for the following:

(1)

Minimum lot size. The minimum lot size may be reduced for common wall development of three contiguous units or more according to the following:

(A)

D-10, residential district, 5,000 square feet;

(B)

D-15, residential district, 3,500 square feet;

(C)

D-18, residential district, 2,500 square feet;

(D)

MU2, mixed use district, 2,500 square feet.

(2)

Minimum lot width. Lot width may be measured at either the front building line as defined by the code or at the actual front line of the building, and may be reduced according to the following:

(A)

D-5, residential district, 60 feet;

(B)

D-10, residential district, 40 feet;

(C)

D-15, residential district, 30 feet;

(D)

D-18, residential district, 20 feet;

(E)

MU2, mixed used district, 20 feet.

(3)

Minimum side yard setback. The minimum side yard setback from the common property line is reduced to zero feet. The remaining side yard setbacks shall be ten feet in a D5 zone, three feet in a D10-SF zone, and five feet in a D10, D15, D18 or MU2 zone.

(4)

Common wall length. The common wall shall extend at least 15 feet along the common property line.

(Serial No. 87-49, § 2, 1987; Serial No. 98-09, § 11, 1998; Serial No. 98-19, § 3, 1998; Serial No. 2007-39, § 16, 6-25-2007; Serial No. 2015-03(c)(am), § 50, 8-31-2015)

Architectural features other than roof eaves, authorized to project into required yard setbacks under chapter 49.25, article IV, may not project into required side yard setbacks required under this article. No architectural features may project into the neighboring lots.

(Serial No. 87-49, § 2, 1987)

The commission shall establish commercial and industrial standards by regulation under chapter 01.60.

(Serial No. 87-49, § 2, 1987; Serial No. 96-41, § 17, 1996)

It is the purpose of this article to establish reasonable regulations for the placement, construction and modification of wireless communication facilities (WCF) consistent with the Telecommunications Act of 1996 and applicable law and:

(a)

Promote the health, safety, and general welfare of the public and the City and Borough;

(b)

Minimize the impacts of WCFs by establishing standards for siting, design and screening and by requiring consistency with the City and Borough's wireless telecommunications master plan;

(c)

Encourage the collocation of antennas on existing structures thereby minimizing new visual impacts and reducing the need for new towers;

(d)

Maintain the natural surroundings and character of the City and Borough;

(e)

Preserve neighborhood harmony and scenic viewsheds and corridors as indicated in the Comprehensive Plan of the City and Borough of Juneau;

(f)

Accommodate the growing need and demand for wireless communications services;

(g)

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services; and

(h)

Respond to the policies embodied in Section 6409(a) of the Spectrum Act (P.L. 112-96).

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014; Serial No. 2015-12, § 2, 3-16-2015, eff. 4-16-2015)

(a)

This article shall apply to the development activities including installation, construction, or modification of all WCFs including, but not limited to, existing towers, proposed towers and collocated facilities on existing structures.

(b)

All applications for WCFs are subject to the standards in this article to the extent that they do not violate federal limitations on local siting standards and are not otherwise inconsistent with federal law. The provisions of this article are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This article shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services.

(c)

Exempt facilities. The following are exempt from this article:

(1)

Noncommercial, FCC licensed amateur (ham) radio antennas;

(2)

Satellite earth stations and/or antennas used for private television reception;

(3)

A government-owned or temporary, commercial WCF installed upon the declaration of a state of emergency by federal, state, or local government, or a written determination of public necessity by the director; except that such facility must comply with all federal and state requirements. The WCF shall be exempt from the provisions of this article for up to one week after the duration of the state of emergency; and

(4)

A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to approval by the director. The WCF shall be exempt from the provisions of this article for up to one week after the duration of the special event.

(d)

All legally permitted WCFs existing on or before the effective date of this article shall be allowed to continue as they presently exist, provided however, that any proposed modification to an existing WCF, including collocation, must comply with this article.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

(a)

Locating a new antenna array or new tower shall be in accordance with the following location preferences, one being the highest priority and six being the lowest priority:

(1)

Collocated antenna on existing WCFs;

(2)

Concealed attached antenna;

(3)

Non-concealed attached antenna;

(4)

New concealed freestanding towers;

(5)

New non-concealed freestanding towers;

(6)

Any lighted WCF or any WCF requiring air navigation lighting.

(b)

If the proposed location is not the highest priority listed above, then a detailed explanation justifying why a site of a higher priority was not selected must be submitted with the WCF application, as required by section 49.65.960. Any application seeking approval to locate a WCF in a lower-ranked location may be denied unless the applicant demonstrates to the satisfaction of the director or planning commission the following:

(1)

That despite diligent efforts to adhere to the established hierarchy, doing so is technically infeasible or commercially impractical; and

(2)

The reason or reasons why the application should be approved for the proposed location.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

(a)

Concealed and non-concealed antenna.

(1)

Antennas shall be mounted on the WCFs so as to present the smallest possible silhouette, profile, or cross-section, unless applicant provides sufficient evidence that doing so would prohibit the applicant from properly deploying the network. New antenna mounts shall be flush-mounted onto existing WCFs, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

(2)

Attached, concealed feed lines and antennas shall be designed to architecturally match the facade, roof, wall, or structure on which they are affixed so that they blend with the existing design, color, and texture of the structure.

(b)

Security of WCFs. All WCFs shall be located, fenced or otherwise secured in a manner that prevents unauthorized access.

(1)

All antennas, towers and other supporting structures shall be constructed or shielded to reasonably prevent unauthorized access.

(2)

Transmitters and telecommunications control points must be installed in a manner to be readily accessible only to persons authorized to operate or service them.

(c)

Signage. WCFs shall contain a sign no larger than four square feet with text in a sufficient font size to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the facility, an emergency phone number(s), and FCC registration number, if applicable. The sign shall be on the equipment shelter or cabinet and be visible from the access point of the site. The sign shall not be lighted unless authorized by the City and Borough or unless applicable provisions of law require such lighting. No other signage, including advertising, shall be permitted on any WCF, unless required by law.

(d)

Lighting. Notice is required to be provided to the FAA, on a form prescribed by the FAA, if the facility falls under notification requirements mentioned in 14 CFR Part 77. The applicant is responsible for determining whether notification is required. Any WCF that is required to have lighting by the FAA will be lighted with the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. The lights shall be oriented, shielded or otherwise designed so as not to project directly on to surrounding property, consistent with FAA requirements.

(e)

Design criteria.

(1)

All freestanding WCFs between 60 and 120 feet in height shall be engineered and constructed to accommodate no fewer than four antenna arrays. All WCFs between 121 feet and 150 feet shall be engineered and constructed to accommodate no fewer than five antenna arrays. All WCFs between 151 feet and taller shall be engineered and constructed to accommodate no fewer than six antenna arrays.

(2)

All utilities for a WCF site shall be installed underground and in compliance with all ordinances, rules and regulations of the City and Borough, including, but not limited to, the National Electrical Code where appropriate. The director may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the director, such waiver shall not be detrimental to the health, safety, or general welfare of the community or the environment, or the visual and scenic characteristics of the area.

(3)

All appurtenant or associated facilities of a WCF shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed, or to harmonize with the natural surroundings or built environment, which shall include the utilization of concealed or concealment technology for facilities appurtenant to concealed WCFs. If located in or abutting a residential, commercial or mixed-use district, the appurtenant or associated facility shall be placed inside an enclosed structure, fenced, or screened with sight-obscuring foliage, which will be as tall as the appurtenant or associated facility.

(4)

Use of guy wires is prohibited for all WCF.

(f)

Setbacks. Freestanding towers and appurtenant structures shall be subject to the setbacks described below:

(1)

If the tower is not constructed using breakpoint design technology, the minimum setback distance from the nearest property line shall be equal to the height of the proposed tower.

(2)

If the tower has been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure or the minimum yard setback requirements, whichever is greater. Certification by a professional engineer registered in the State of Alaska of the breakpoint design and the design's fall radius must be provided with the application.

(3)

Any appurtenant structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

(g)

WCF shall not significantly affect natural areas or land designated as natural area park or scenic corridor/viewshed as identified in the Comprehensive Plan of the City and Borough of Juneau.

(h)

Master Plan. WCFs shall be consistent with the City and Borough's wireless telecommunications master plan.

(i)

Visibility.

(A)

WCF shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties and shall be maintained in accordance with the requirements of this article.

(B)

WCFs shall be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be compatible with the urban, built environment, through matching or complementing existing structures and specific design considerations such as architectural designs, height, scale, color, and texture.

(j)

Structural assessment. The owner of a freestanding WCF tower shall have a structural assessment of the tower conducted by a professional engineer, licensed in the State of Alaska, if the tower is within the distance from the top of the structure to the breakpoint level of the structure from a dwelling, parking lot, playground, or right-of way, or if the tower was not constructed using breakpoint design technology. The owner shall submit the structural assessment report required by this subsection, signed by the engineer who conducted the assessment, to the director by July 1 every fifth year from the date of issuance of the building permit.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014; Serial No. 2017-11, § 3, 6-26-2017, eff. 7-27-2017)

(a)

Applications, on a form specified by the director, and site plans for all WCFs shall be submitted to the director.

(b)

At the time that a person submits an application for a permit for any type of WCF, such person shall pay a nonrefundable application fee to the CBJ, as set forth in section 49.85.100. In addition to the application fee, the director may require a technical review by a third party expert, the actual costs of which shall be borne by the applicant. Based on the results of the technical review, the director may require changes or additional documentation before the application will be considered complete. The technical expert review may address some or all of the following, at the discretion of the director:

(1)

The accuracy and completeness of the items submitted with the application;

(2)

The applicability of analysis and techniques and methodologies proposed by the applicant;

(3)

The validity of conclusions reached by the applicant;

(4)

Whether the proposed WCF complies with applicable approval criteria set forth in this article; and

(5)

Other matters deemed to be relevant to determining whether a proposed WCF complies with the provisions of this article.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

_____

(a)

A WCF described in Table 1 shall be approved or denied by the director, unless lighting would be required by the FAA or FCC. An eligible facility request in Table 1 must be approved by the director. A special use permit shall be required of all lighted WCF or any WCF requiring air navigation lighting.

TABLE 1

Note: ¹ Rooftop and attachment heights are identified as above the highest point of the existing structure.

_____

(b)

Substantial change for collocation applications including eligible facilities requests. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1)

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

(A)

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (P.L. 112-96);

(2)

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(3)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structures, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structures;

(4)

It entails any excavation or deployment outside the current site;

(5)

It would defeat the concealment elements of the eligible support structure; or

(6)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in 47 CFR § 1.40001(b)(7)(i) through (iv).

(c)

Director's decision. An eligible facility request in Table 1 must be approved by the director. All other Table 1 WCF applications shall be approved or denied, by the director.

(1)

The director shall review the submitted application for completeness and shall notify the applicant within 30 days of receipt of the initial submission whether the application is deemed complete. If rejected as incomplete, the director shall identify the deficiencies in the application, which if cured, would make the application complete. Any period of time from when the director notifies the applicant to the date the revised application is received shall not count for the purposes of calculating the calendar day deadline in subsection (3).

(2)

The director shall review all completed applications for compliance with the requirements of section 49.65.930 except an eligible facility request is exempt from 49.65.930(f). The director may notify an applicant of a failure to comply with section 49.65.930 and may allow the applicant to resubmit a revised application.

(3)

Decision deadlines. The director's decision shall be made in writing and supported by substantial evidence. The director's decision shall be postmarked to the applicant by the deadlines noted below.

(A)

An eligible facility request shall be approved by the sixtieth calendar day from the date of receipt of the application, less any tolling periods. Unless approved by the director prior to the sixtieth day, an eligible facility request is deemed granted on the sixty-first day.

(B)

All other Table 1 WCF applications not meeting the requirements of this article shall be rejected. The director's decision shall be postmarked to the applicant by the ninetieth calendar day from the date of receipt of the application, less any tolling periods.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014; Serial No. 2015-12, § 2, 3-16-2015, eff. 4-16-2015)

(a)

An application for a WCF shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. All information submitted in an application shall be provided by a person qualified to provide the information. All applications for the construction or installation of a new WCF shall be accompanied by the following documentation, except an application for an eligible facility request is exempt from providing the documentation required by subsections (b) and (r);

(b)

In addition to the information required by subsection 49.65.920(b), an affidavit demonstrating compliance with section 49.65.920. If a lower ranking alternative is proposed the affidavit must address why higher ranked options are technically infeasible or commercially impracticable given the proposed location of the wireless communications facility;

(c)

A narrative describing compliance with the section 49.65.930;

(d)

A signed statement from a qualified person, together with a statement of that person's professional qualifications, certifying that radio frequency emissions from the antenna array(s), both individually and cumulatively considering any other WCF located on or immediately adjacent to the proposed WCF, will comply with FCC standards;

(e)

Name, address, email address, and phone number of all persons preparing the application and any required submittals;

(f)

Name, address and phone number of the property owner, applicant, and facility owner, if applicable;

(g)

Postal address and tax map parcel number of the property;

(h)

Zoning designation of the property on which the proposed WCF will be situated;

(i)

Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;

(j)

Locations of any dwellings within a radius equal to the height of the proposed tower from its base;

(k)

Location, size and height of all structures on the property which is the subject of the application;

(l)

Location, size and height of all proposed and existing antennas and all appurtenant structures;

(m)

Type, locations and dimensions of all proposed and existing landscaping and fencing;

(n)

The number, type and design of the WCFs proposed and the basis for the calculations of the WCF's capacity to accommodate multiple collocations;

(o)

A detailed description of the proposed WCF and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;

(p)

Certification that the application is in compliance with all applicable laws pertaining to the type of service offered;

(q)

Applicant shall disclose in writing the existence of any agreement that would limit or preclude the ability of the applicant to share any new WCF that it constructs;

(r)

Applicant shall furnish written certification by a professional engineer, licensed in the State of Alaska, that the WCF, foundation and appurtenant attachments are designed to meet relevant site and subsurface conditions, and will be constructed to meet EIA/TIA 222 G (as amended) and local building code structural requirements for loads, including wind, snow and ice loads for the specified number of collocations required in subsection 49.65.930(e)(1);

(s)

Certification by a professional engineer licensed in the State of Alaska that the WCF will be constructed, repaired, modified or restored in strict compliance with all current applicable technical, safety and safety-related laws adopted by the City and Borough, state, or federal government, and in compliance with accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors; and

(t)

Proof of compliance with FAA regulations in 14 CFR Part 77, if applicable.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014; Serial No. 2015-12, § 2, 3-16-2015, eff. 4-16-2015)

(a)

As of the effective date of this article, no person shall be permitted to site, place, build, construct, modify, or prepare any site for the placement or use of WCF, except for those WCF identified in section 49.65.940, Table 1, without having first obtained a special use permit. All applicants for a special use permit and any modification of such facility shall comply with the requirements set forth in this section.

(b)

Pre-application meeting. Prior to submission of an application, the applicant shall meet with the director for the purpose of discussing the site and development proposal, and to address any issues that will help to expedite the review and permitting process, including the scope of the visual assessment the applicant will be required to provide as part of the special use permit process. A pre-application meeting may also include a site visit, as determined by the director. No statement by either the applicant or director shall be regarding as binding or authoritative for purposes of this section.

(c)

Additional required application submittals.

(1)

In addition to the fee required in subsection 49.65.940(b), the applicant shall pay an additional special use permit application fee as set forth in section 49.85.100.

(2)

In addition to the documentation required by section 49.65.960, the following documentation must be submitted with any special use permit application:

(A)

Design criteria. A narrative describing compliance with the design criteria listed in section 49.65.930;

(B)

Visual impact assessment. The scope of the required assessment will be reviewed at the pre-application meeting, but the planning commission may require submission of a more detailed visual analysis after submittal of the following required information. The visual impact assessment must include:

(i)

A "zone of visibility map" which shall be provided in order to determine locations from which the tower may be seen;

(ii)

An analysis demonstrating that the WCF will be sited so as to have the least adverse visual impact on the environment and its character, on existing vegetation, and on the properties in the area, while still meeting the applicant's network objectives;

(iii)

A "before" pictorial representation of the proposed WCF site together with photo-simulated post-construction renderings of the completed proposed antenna support structure, equipment cabinets, and ancillary structures which shall at a minimum include renderings from multiple vantage points of any adjacent roadways and occupied or proposed non-residential or residential structures, and other locations as determined by the director. The "before" representations and photo simulations shall be from the same locations. The applicant shall also provide simulated photographic evidence of the proposed WCF's appearance from any and all residential zones (as identified in the Comprehensive Plan of the City and Borough of Juneau) that are within 1,500 feet of the proposed site, from vantage points approved by the directors. The photo-simulated renderings must represent, at a minimum, the proposed WCF's overall height; configuration; physical location; mass and scale; materials and color; illumination; and architectural design. The applicant shall also submit proposed exterior paint and stain samples for any items to be painted or stained, and exterior building material and roof samples.

(iv)

A description of the visual impact of the tower base and accessory buildings from abutting properties and streets;

(v)

The applicant shall demonstrate in writing and/or by drawing how it shall effectively screen from view the base of its proposed WCF tower and all appurtenant facilities and structures; and

(vi)

If the tower is to be lit, a description of the specific type of lighting applicant proposes using and a description of how the applicant will comply with the directive in subsection 49.65.930(d), requiring that lighting be oriented, shielded or otherwise designed so as to not project directly on to surrounding property (for example, by the use of buffers, louvers, etc.).

(C)

The applicant shall provide evidence that the proposed facility is designed to meet the minimum height requirement necessary for effective functioning of the provider's network.

(D)

Balloon test. In order to better inform the public in the case of a new freestanding WCF, the applicant shall, prior to the public hearing on the application, hold a "balloon test." The applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored balloon at the maximum height of the proposed new tower. The balloon shall have a diameter between three and six feet and shall contain no more than 115 cubic feet of gas. The applicant shall inform the director, in writing, of the dates and times of the test at least two days in advance and shall abide by any federal law requirements. The balloon shall be flown for at least 72 consecutive hours, with one 24-hour period occurring on a Saturday or Sunday. The applicant shall submit photos of the test and a narrative describing the date, time and duration of the test.

(E)

A propagation study for the proposed WCF.

(d)

Director's review.

(1)

The director shall review the application for completeness.

(2)

Incomplete applications shall be rejected and the applicant notified in writing within 30 days of receipt of the initial submission. If rejected, the director's decision shall identify the deficiencies in the application, which, if cured, would make the application complete.

(3)

Once an application is deemed complete, the director shall schedule it for a hearing before the planning commission, and shall give notice to the applicant and the public in accordance with subsection (e).

(e)

Public notice. Public notice of planning commission consideration of a special use permit, at a minimum, shall be provided as follows:

(1)

Permit consideration shall be included as an item in the posted agenda.

(2)

Notice of the hearing and the agenda item shall be published in a newspaper of general circulation in the City and Borough a minimum of ten days prior to the date of the meeting. The cost of publication shall be paid by the applicant.

(3)

The applicant shall post three signs on the site at least 14 days prior to the hearing at locations determined by the director. The sign shall be between four square feet and 32 square feet in area, shall have a red background, and shall indicate in white lettering, 216-point or larger, that a special use permit for a WCF has been sought for the site, the date of the hearing thereon, and that further information is available from the director. The applicant shall maintain the sign and shall remove it within 14 days after final action on the application.

(4)

The director shall mail notice of the application and the public hearing to the neighbor associations listed with the municipal clerk in accordance with CBJ 11.35 and owners of record of all property located within 1,500 feet of the site, unless the director determines that a geographic feature between the site and a property would conceal the proposed WCF from view. The actual cost of mailing shall be paid by the applicant.

(f)

Planning commission determination. The planning commission is authorized to review, analyze, evaluate and make decisions with respect to reviewing special use permits for WCFs.

(1)

The planning commission may impose any conditions on a special use permit:

(A)

Required to ensure compliance with the design criteria specified in section 49.65.930; and

(B)

That are consistent with the purposes of this article, which may include conditions related to the aesthetic effect of the WCF and compatibility with the surrounding area. Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas, scenic corridors/viewsheds identified in the Comprehensive Plan of the City and Borough of Juneau, and in the historic district; the concentration of WCFs in the proposed area; and whether the height, design, placement or other characteristics of the proposed facility could be modified to have a less intrusive visual impact.

(2)

The planning commission may deny an application for any of the following reasons:

(A)

Conflict with safety and safety-related codes and requirements;

(B)

Conflict with the purpose of a specific zoning, overlay, or land use designation;

(C)

Presence of another approved WCF or WCF application within the geographic search area that is available to the applicant;

(D)

The proposed site is on, or eligible to be on, the National Register of Historic Places;

(E)

The proposed site is in an area commonly valued by the community as a whole for its natural or scenic properties.

(F)

For a proposed freestanding tower, the applicant fails to demonstrate that no existing structure or tower can accommodate the applicant's proposed use without increasing the height of the existing tower or structure or otherwise creating a greater visual impact; or that use of such existing facilities is technically infeasible or commercially impracticable; and

(G)

Conflicts with the provisions of this article.

(3)

The planning commission shall deny any application for WCF in the following locations:

(A)

State or local wildlife refuges;

(B)

In any area designated as a public park, unless screened so as to minimize visual and noise impacts, and as long as public use will not be disrupted; and

(C)

In any area designated as a scenic corridor/viewshed identified in the Comprehensive Plan of the City and Borough of Juneau.

(D)

In any area that fully or partially obstructs the view of the Mendenhall Glacier from the waterfront roadway from the North Douglas boat launch facility to False Outer Point.

(4)

The planning commission shall condition a permit on a requirement to construct the WCF within a reasonable period of time, which may not exceed 18 months.

(g)

Any and all representations made by the applicant to the planning commission on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the commission.

(h)

A holder of a special use permit granted under this article shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the City and Borough or other governmental entity or agency having jurisdiction over the applicant.

(i)

The planning commission's decision shall be in writing and mailed to the applicant, postmarked by the 150th day of receipt of the application, less any tolling periods applicable under federal law. A decision to grant or deny a request to place, construct or modify a WCF shall be supported by substantial evidence.

(j)

If the planning commission denies a request to place, construct or modify a WCF, the applicant may, within 20 days from the postmarked date of the decision, appeal the planning commission's decision in accordance with section 49.20.120.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

(a)

Special use permits may, following a hearing upon prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the special use permit for WCFs or for a material violation of this article after prior written notice to the applicant and the holder of the special use permit.

(b)

The holder of a special use permit shall notify the City and Borough of any intended modification of a WCF and shall apply to the director to modify, relocate or rebuild any WCF.

(c)

A special use permit shall become void 18 months after its effective date if no substantial construction progress has been made. A new application must be submitted for a voided permit, including the payment of any required fees, and a new permit obtained. No permit shall be renewed more than once, the maximum duration of which shall be 18 months.

(d)

Upon an application submitted at least 30 days before the expiration of an existing special use permit, the commission shall hold a hearing to consider whether the permit should be extended. At least ten days prior to the hearing, notice thereof shall be mailed to the property owners of record within three miles of the proposed site identified in the application and at least two days prior to the hearing a general notice thereof shall be printed in a newspaper of general circulation in the municipality. At the hearing, the burden of proof for the justification for a permit extension shall rest with the applicant. Upon written findings that such burden has been met, the commission may grant an extension not to exceed 18 months, but shall not delete from, amend or add to the conditions contained in the permit. Upon written findings that the applicant's burden has not been met, or that the conditions contained in the permit should be changed, or both, the commission shall deny the application whereupon the permit shall be voided. Upon application and consideration pursuant to this section, the commission may grant no more than one additional extension, the maximum duration of which shall be 18 months.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each applicant or owner applicant shall agree in a written statement to the following:

(a)

Compliance with "good engineering practices" as defined by the FCC in its rules and regulations;

(b)

Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI);

(c)

In the case of an application for collocated telecommunications facilities, the applicant, together with the owner of the subject site, shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the City and Borough's public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference; and

(d)

Whenever the City and Borough has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more antenna arrays, the following steps may be taken:

(1)

The City and Borough shall provide notification to all wireless service providers operating in the City and Borough of possible interference with the public safety communications equipment, and upon such notifications, the owners shall use their best efforts to cooperate and coordinate with the City and Borough among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Enhanced Best Practices Guide," released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time in any successor regulations.

(2)

If any equipment owner fails to cooperate with the City and Borough in complying with the owner's obligations under this section or if the FCC makes a determination of radio frequency interference with the City and Borough public safety communications equipment, the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the City and Borough for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the City and Borough to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Enhanced Best Practices Guide" within 24 hours of the City and Borough's notification.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

(a)

Permits obtained pursuant to this chapter may not be assigned or transferred without providing prior notice to the City and Borough, on a form acceptable to the director.

(b)

In the event a WCF provider or owner transfers ownership of a WCF to a different provider or owner, the previous and new service provider or owner shall notify the director no less than ten days from the date of transfer. The new provider or owner shall include the name, address and phone number of the person to be responsible for the WCF.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

(a)

Notwithstanding section 49.10.600, the director may require removal of a WCF under the following circumstances, which are deemed detrimental to the health, safety, and welfare interests of the City and Borough:

(1)

WCFs with a permit that have not been used as a WCF for a period exceeding 90 consecutive days or a total of 180 days in any 365-day-period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days or within such other reasonable time approved by the director.

(2)

Permitted WCFs that have fallen into such a state of disrepair that create a public health or safety hazard, which shall be deemed a nuisance per se.

(3)

WCFs that have been located, constructed, or modified without first obtaining all permits required by law, or that have been located, constructed or modified in a manner inconsistent with the applicable permit requirements, which shall be deemed a nuisance per se.

(b)

If the director makes such a determination as noted in subsection (a) of this section, the director shall notify the permittee in writing that said WCF is to be removed.

(c)

Within 90 days of the postmarked date of the director's notice, the permittee, or its successors or assigns, shall dismantle and remove such WCF, and all associated structures and facilities, from the site and restore the site as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability proven to the satisfaction of the director.

(d)

If the WCF is not removed or substantial progress has not been made to remove the WCF within 90 days after the permit holder has received notice, the City and Borough may remove or cause to be removed the WCF at the sole expense of the owner or permit holder.

(e)

If, the City and Borough removes or causes to be removed a WCF and the owner of the WCF does not claim and remove it from the site to a lawful location within ten days, then the City and Borough may take steps to declare the WCF abandoned, and sell it and its components.

(f)

Notwithstanding anything in this section to the contrary, the director may approve a temporary use permit/agreement for the WCF, for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected WCF shall be developed by permit holder or owner, subject to the approval of the director. If such a plan is not developed, approved and executed within the 90-day time-period, then the City and Borough may take possession of and dispose of the affected WCF in the manner provided in this section.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

Where this article differs or conflicts with other ordinances, unless the right to do so is preempted or prohibited by the state or federal law, the more restrictive or protective of the City and Borough and the public shall apply.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

Violations of this article or any special use permit obtained pursuant to this article shall be subject to the provisions of section 49.10.600 through 49.10.660.

(Serial No. 2014-32(e)am, § 2, 9-29-2014, eff. 10-29-2014)

Affordable, reliable, and quality childcare is critical to the well-being of parents and children in the community and is a needed community service. The intent of this article is to promote the public health, safety, and welfare by simplifying the approval process and prescribing identified standards for child care homes and centers. The standards facilitate the siting of child care facilities while ensuring conformance with surrounding land uses. The standards identified in this article do not apply to any preexisting legal child care home or center so long as the preexisting use does not change.

(Serial No. 2015-32, § 5, 8-10-2015, eff. 9-10-2015)

(a)

A child care home shall comply with the following minimum standards for initial permit approval and during the use of the child care home:

(1)

Any fencing required or used to delineate an outdoor play space shall be constructed of materials of a permanent nature, as determined by the director, and shall be constructed to safely confine and protect children and be in visual harmony with the neighborhood.

(2)

Unless a waiver is obtained pursuant to CBJ 49.40.210(d)(6), a minimum of two parking spaces as required for the dwelling unit and one parking space for each on-shift employee shall be provided.

(b)

The department shall issue a permit for a child care home that complies with this section and the requirements of this title.

(c)

The department may initiate enforcement action consistent with CBJ 49.10, article VI for any violations of this section.

(Serial No. 2015-32, § 5, 8-10-2015, eff. 9-10-2015; Serial No. 2016-46, § 6, 3-6-2017, eff. 4-4-2017)

(a)

In addition to other conditions imposed by the commission, a child care center shall comply with the following minimum standards for initial permit approval and during the use of the child care center:

(1)

Any fencing required or used to delineate an outdoor play space shall be constructed of materials of a permanent nature, as determined by the director, and shall be constructed to safely confine and protect children and be in visual harmony with the neighborhood.

(2)

In residential zoning districts, no parking or loading areas shall be located in any setback, except in an approved driveway.

(3)

Unless a waiver is obtained pursuant to CBJ 49.40.210(d)(6), a minimum of one off-street parking space shall be provided for each on-shift employee of the child care center, plus one space per ten children served.

(b)

The commission may issue a permit for a child care center that complies with this section and the requirements of this title.

(c)

The department may initiate enforcement action consistent with CBJ 49.10, article VI for any violations of this section.

(Serial No. 2015-32, § 5, 8-10-2015, eff. 9-10-2015; Serial No. 2016-46, § 7, 3-6-2017, eff. 4-4-2017)

It is the purpose of this article to establish reasonable regulations that allow for the operation of marijuana establishments within the City and Borough in a manner that promotes public health, safety, and general welfare. It is not the intent of this chapter to authorize anything specifically prohibited by state law.

(Serial No. 2015-38(b)(am), § 2(49.65.1100), 5-2-2016, eff. 6-2-2016)

(a)

No person may operate a marijuana establishment within the City and Borough without a conditional use permit, a valid license issued by the City and Borough, and a valid license issued by the State of Alaska. The following types of licenses may be issued under this article:

(1)

Marijuana retail store license;

(2)

Marijuana cultivation facility license:

(3)

Marijuana product manufacturing facility license; and

(4)

Marijuana testing facility license.

(b)

A separate license shall be required for each specific business or business entity or for each specific location identified on the license as the licensed premise.

(c)

Upon denial or revocation of a marijuana establishment license issued by the State of Alaska, any license issued by the City and Borough under this article shall be null and void. If a court of competent jurisdiction determines that the issuance of local licenses violates state or federal law, all licenses issued under this article shall be deemed immediately revoked by operation of law, with no grounds for appeal or redress on behalf of the licensee.

(Serial No. 2015-38(b)(am), § 2(49.65.1105), 5-2-2016, eff. 6-2-2016)

(a)

It is unlawful for any licensee to engage in business contrary to any term or condition of any City and Borough of Juneau marijuana establishment license or any provision of this article.

(b)

It is unlawful for any person to obtain or attempt to obtain a license by making a false statement in any application for a license, or by any other fraudulent or deceptive means.

(c)

It is unlawful for any person to forge, counterfeit, or fraudulently alter a license issued under this chapter.

(d)

It is unlawful for any person to obstruct, impede or otherwise refuse to allow an administrative inspection authorized under CBJ 49.65.1240.

(e)

It is unlawful for any person licensed or regulated under this article to knowingly or willfully authorize, order, instruct, or permit an employee, agent or person under the licensee's control to act in connection with the licensed activity which violates any provision of this article or any license issued under this article.

(Serial No. 2015-38(b)(am), § 2(49.65.1110), 5-2-2016, eff. 6-2-2016)

(a)

An applicant for a marijuana establishment license shall submit an application on a form provided by the director accompanied by the appropriate fee. Applications must include the following documentation:

(1)

If the applicant is not a natural person, the organizational documents for all entities identified in the application;

(2)

A copy of the lease or deed for the property upon which the marijuana establishment will be located;

(3)

A list of all other uses on the property;

(4)

A statement verifying compliance with any buffer requirements imposed by 3 AAC Chapter 306 of the Alaska Administrative Code;

(5)

A copy of the Notice of Decision approving the conditional use permit by the City and Borough of Juneau Planning Commission; and

(6)

Any additional documentation determined by the director to be necessary to make a decision whether to approve or deny the license application, or approve with conditions.

(Serial No. 2015-38(b)(am), § 2(49.65.1110), 5-2-2016, eff. 6-2-2016)

(a)

No license granted or issued under any of the provisions of this title shall be in any manner assignable or transferable.

(b)

Licenses are valid only as long as the applicant holds a current license from the state and is in compliance with the applicable conditional use permit.

(c)

Licenses issued under this chapter are effective from the date of issuance through December 31 of the same year.

(d)

In order to be eligible for renewal, a licensee must submit proof of inspection by the department or the department's designees for compliance with this chapter and any applicable permit. The licensee shall schedule the inspection no later than 60 days prior to the annual expiration of the license.

(e)

Licenses shall automatically renew on January 1, conditional upon the timely remittance of the annual license fee, no outstanding corrective orders or enforcement actions, and proof of inspection. Failure to timely remit proof of inspection or the annual license fee shall result in the license expiring and will require a new license application.

(Serial No. 2015-38(b)(am), § 2(49.65.1115), 5-2-2016, eff. 6-2-2016; Serial No. 2021-04, § 2, 3-1-2021, eff. 3-31-2021)

(a)

The director may issue a corrective order whenever a licensee:

(1)

Has violated any provision of this chapter;

(2)

Has relinquished legal control of the licensed establishment to any other person;

(3)

Has failed, refused or neglected to comply with any provision of the license issued under this chapter, any conditional use permit issued for the marijuana establishment, or any provision of AS Chapter 17.38 or regulations adopted pursuant to that chapter;

(4)

Is delinquent in the remittance of any sales tax or penalty or interest on sales tax arising out of the operation of the licensed premises;

(5)

Has delinquent property taxes or local improvement district assessments or penalty or interest thereon arising out of real or personal property owned in whole or in part by any person named in the application as an applicant or on the permit which is to be continued where such property is used, or is to be used, in whole or in part in the business conducted or to be conducted under the license;

(6)

Has a delinquent charge or assessment owing the City and Borough by the licensee for a municipal service provided for the benefit of the business conducted under the license or for a service or an activity provided or conducted by the municipality at the request of or arising out of an activity of the business conducted under the license;

(7)

Is in violation of state or local fire, health, or safety codes; or

(8)

Any reason identified by state statute or regulation as appropriate grounds to protest a license.

(b)

A corrective order shall be served on the licensee by hand-delivery or certified mail and shall specify:

(1)

The provision of the license, state law, or CBJ Code that has been violated;

(2)

The corrective action, if any, the licensee may take to prevent suspension or revocation of the license, and the time limit for such corrective action, which shall be no earlier than seven days following date of issuance of the corrective order;

(3)

Notification of the penalties provided by this title; and

(4)

That the licensee may request an informal meeting before the director prior to suspension or revocation of the license in order to allow the licensee to contest the grounds for issuance of the corrective order and to provide the licensee the opportunity to provide information to the director relevant to the grounds for the corrective order.

(c)

Based on information timely received from the licensee, or from any other source, the director may amend the terms or conditions of the corrective order, or after consideration of the information provided by the licensee, affirm the corrective order as issued.

(Serial No. 2015-38(b)(am), § 2(49.65.1125), 5-2-2016, eff. 6-2-2016; Serial No. 2021-04, § 3, 3-1-2021, eff. 3-31-2021)

(a)

Upon the expiration of the time allowed in a corrective order issued in CBJ 49.65.1225, if the licensee has not complied with the corrective order, the marijuana establishment license may be suspended or revoked, as determined by the director. Upon suspension or revocation of any license, the director shall notify the person whose license has been suspended or revoked by certified mail or by hand-delivery. Following such suspension or revocation and after notification, it is unlawful for the licensee to continue to operate the marijuana establishment.

(b)

In deciding whether a license should be suspended or revoked, and in deciding what conditions to impose in the event of a suspension, if any, the director shall consider:

(i)

The nature and seriousness of the violation;

(ii)

Corrective action, if any, taken by the licensee;

(iii)

Prior violation(s), if any, at the licensed premises by the licensee and the effectiveness of any prior corrective action;

(iv)

The likelihood of recurrence;

(v)

All circumstances surrounding the violation;

(vi)

Whether the violation was willful;

(vii)

The length of time the license has been held by the licensee;

(viii)

The number of violations by the licensee within the applicable 12-month period;

(ix)

Previous sanctions imposed, if any, against the licensee; and

(x)

Any other factor making the situation with respect to the licensee or the licensed premises unique or the violation of greater concern.

(c)

Any person whose marijuana establishment license has been revoked shall be prohibited from applying for a license under this chapter for a period of one year.

(Serial No. 2015-38(b)(am), § 2(49.65.1130), 5-2-2016, eff. 6-2-2016)

The denial, revocation, or suspension of a marijuana establishment license is appealable to the assembly in accordance with CBJ 01.50.

(Serial No. 2015-38(b)(am), § 2(49.65.1135), 5-2-2016, eff. 6-2-2016)

(a)

A marijuana establishment or an applicant for a marijuana establishment license under this chapter shall, upon request, make the licensed premises or the proposed licensed premises, including any place for storage, available for inspection by the director for the purpose of ensuring compliance with this chapter and any applicable marijuana establishment license. Inspection shall include access to any marijuana or marijuana product on the premises, equipment used in cultivating, processing, manufacturing, testing or storing marijuana, the inventory tracking system and business records of the licensee or applicant.

(Serial No. 2015-38(b)(am), § 2(49.65.1140), 5-2-2016, eff. 6-2-2016)

(a)

In addition to the permit application and supporting materials required by CBJ 49.15.330(c), an applicant for a conditional use permit for a marijuana establishment must submit the following additional materials:

(1)

A site plan of all buildings on the property where the marijuana use will be located, including, but not limited to: A floor plan showing how the floor space is or will be used to include, but not limited to, restricted access areas and the total floor area of the building(s);

(2)

A security plan indicating how the applicant will comply with the requirements imposed by state law;

(3)

A waste disposal plan indicating how the applicant will comply with the requirements imposed by state law;

(4)

A screening plan illustrating the applicants compliance with AS 17.38.070 making it unlawful to display marijuana or marijuana products in a manner that is visible to the general public from a public right-of-way;

(5)

If the establishment is to be served by a private septic system, certification from a registered, qualified engineer licensed by the State of Alaska that the system has adequate capacity for the proposed use, or will with improvements;

(6)

Marijuana cultivation facility license applicants must provide a ventilation and filtration plan describing the systems that will be used to ensure compliance with CBJ 49.65.1260 and whether the applicant intends on using carbon dioxide. The applicant shall specify if carbon dioxide enrichment will be used in cultivation and by what means the carbon dioxide will be produced. Plans should indicate the storage area for fuels used to produce carbon dioxide;

(7)

Marijuana product manufacturing facility license applicants, marijuana cultivation facility license applicants, and marijuana testing facility license applicants must specify all means to be used for cultivating, growing, extracting, heating, washing or otherwise changing the form of the marijuana plant, along with proposed ventilation and safety measures to be implemented for each process;

(8)

Marijuana cultivation facility license applicants and marijuana product manufacturing facility license applicants must specify the methods to be used to prevent the growth of harmful mold and compliance with limitations on discharge into the wastewater system; and

(9)

Any additional documentation determined by the director to be necessary for the commission to make a decision whether to approve or deny the permit, or approve with conditions, to ensure compliance with this chapter or CBJ 49.15.330(f).

(b)

If a licensee desires to modify the licensed premises by changes to equipment, increased use, such as in accordance with an approved state license endorsement, or any approved plan, an amendment to the original application and required fee shall be submitted for review and approval.

(c)

In addition to any conditions imposed under CBJ 49.15.330(g), the commission may impose any conditions necessary to ensure compliance with this chapter or state law or designed to mitigate impacts of the development on surrounding residences.

(d)

The commission shall impose as a condition of any permit issued by the commission under this title a requirement that the applicant submit a complete copy of the applicant's approved state license application to the department for review prior to operating. If the director determines there are substantive inconsistencies between the state license application and the conditional use permit application, the commission shall review the development for consistency with this title.

(e)

Conditional use permits issued to marijuana establishments shall expire 180 days after issuance if (i) the developer takes action consistent with an intent to abandon the conditional use permit or (ii) the developer ceased operating the marijuana establishment and has not substantially restarted operations. Determination of expiration shall be made by the director and supported by written findings. An expiration determination may be reconsidered within 20 days of the date of the determination.

(1)

A director's determination of abandonment is rebuttable and may be overcome upon a finding that the information submitted establishes all of the following:

(A)

The developer has been maintaining the land and structure(s) in accordance with applicable building, fire, and other codes and regulations;

(B)

The developer has been maintaining or pursuing applicable permits and licenses;

(C)

The developer has filed applicable taxes and documents; and

(D)

The developer has been engaged in activities that are consistent with or would affirmatively prove there was no intent to abandon, such as actively and continuously marketing the land, business, or structure for sale or lease.

(2)

The burden of proof for overcoming a presumption of abandonment is on the developer.

(Serial No. 2015-38(b)(am), § 2(49.65.1145), 5-2-2016, eff. 6-2-2016; Serial No. 2022-10, § 2, 2-28-2022, eff. 3-30-2022)

Unless otherwise specified by a conditional use permit, licensed premises may not be open between the hours of 1:00 a.m. and 8:00 a.m., Monday through Sunday. No marijuana may be distributed, sold or dispensed at a licensed premises when the licensed premises is required to be closed pursuant to this section.

(Serial No. 2015-38(b)(am), § 2(49.65.1150), 5-2-2016, eff. 6-2-2016)

(a)

A licensee shall prominently display the marijuana establishment license, in the same size and font as the original license issued by the director, in a conspicuous location inside the licensed premises near the main entrance.

(b)

A licensee shall display two separate warning signs as follows:

(1)

A sign containing the following health warnings:

(A)

"Marijuana has intoxicating effects and may be habit forming.";

(B)

"Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence.";

(C)

"There may be health risks associated with consumption of marijuana.";

(D)

"For use only by adults twenty-one and older. Keep out of the reach of children."; and

(E)

"Marijuana should not be used by women who are pregnant or breastfeeding."

(2)

A sign containing the following warnings:

(A)

"Consumption of marijuana in public is prohibited by law. AS 17.38.040; CBJ 42.20.230."; and

(B)

"The transportation or shipment of marijuana and marijuana products outside of the City and Borough of Juneau by U.S. mail, air travel or in the waters of the United States is prohibited by federal law. AS 17.38.010(d)."

(c)

The warning signs required by subsection (b) of this section must be at least 11 inches by 14 inches in size, and the lettering must be at least one-half inch high and in contrasting colors. The warning signs must be displayed in conspicuous locations inside the licensed premises near the main entrance.

(Serial No. 2015-38(b)(am), § 2(49.65.1155), 5-2-2016, eff. 6-2-2016)

All marijuana establishments shall utilize a ventilation and odor system that prohibits the detection of noxious odors from outside the licensed premises. For purposes of this section, noxious odors are those odors detectable outside of the licensed premises that a reasonable person of ordinary sensibilities would find negatively affects the person's enjoyment of life, health or property.

(Serial No. 2015-38(b)(am), § 2(49.65.1160), 5-2-2016, eff. 6-2-2016)

(a)

Marijuana cultivation facilities located in the D-1 zoning district shall be an accessory use. An owner or manager must live on the same lot as the licensed premises.

(b)

In the D-1 zoning district, the minimum setback for marijuana facilities shall be at least 25 feet from the facility to any property line.

(Serial No. 2015-38(b)(am), § 2(49.65.1165), 5-2-2016, eff. 6-2-2016)

(a)

A person who violates or causes or permits to be violated a provision of this chapter is guilty of a civil violation. Each and every day during which a violation of this chapter is committed, permitted, or continued shall be treated as a separate offense and subject the offender to separate charges and fines, in accordance with CBJ 03.30.075. Civil fines and penalties for violations of this chapter may be imposed in addition to any other remedies provided by law, including the imposition of corrective orders or license actions authorized by this chapter.

(b)

In addition to any other remedies provided by law, the City and Borough may seek a court order enjoining the continued operation, within the municipality, of any business whose owner or operator fails to comply with correction orders issued under CBJ 49.65.1225, terms of any decision on appeal under CBJ 49.65.1235, or who fails to cease operation following suspension or revocation of a license under CBJ 49.65.1230.

(Serial No. 2015-38(b)(am), § 2(49.65.1170), 5-2-2016, eff. 6-2-2016)