A rezoning may be initiated by the director, the commission, or the assembly at any time during the year. A developer or property owner may initiate a request for rezoning in January or July only. Adequate public notice shall be provided by the director to inform the public that a rezoning has been initiated.

(Serial No. 87-49, § 2, 1987)

Rezoning requests covering less than two acres shall not be considered unless the rezoning constitutes an expansion of an existing zone. Rezoning requests which are substantially the same as a rezoning request rejected within the previous 12 months shall not be considered. A rezoning shall only be approved upon a finding that the proposed zoning district and the uses allowed therein are in substantial conformance with the land use maps of the comprehensive plan.

(Serial No. 87-49, § 2, 1987; Serial No. 2012-31(b), § 2, 8-27-2012)

A rezoning shall follow the procedure for a major development permit except for the following:

(a)

The commission shall make a recommendation to the assembly to approve, approve with modifications, or deny a rezoning request. The commission shall prepare written findings in support of its recommendation. The commission's notice of recommendation shall be posted on the department's website within ten days of the public hearing on the proposed rezone. If the commission recommends approval of the rezoning request or approval with modifications, the director shall forward the commission's written recommendation to the assembly with an ordinance to amend the official zoning map in accordance with the recommendation. If the commission recommends denial, the amendment shall be deemed disapproved unless the applicant files a notice of protest in accordance with CBJ 49.75.130(b).

(b)

Protests.

(1)

An applicant may protest the commission's recommendation to deny the rezoning by filing a written statement with the municipal clerk within 20 days of the commission's written notice of recommendation for denial, requesting that an ordinance amending the zoning map as set out in the application be submitted for action by the assembly. The director shall, within 30 days of the filing of the protest with the municipal clerk, prepare a draft ordinance to be appended to the notice of recommendation for consideration by the assembly.

(2)

Any person may protest the commission's recommendation to approve a rezoning request or approve a rezoning request with modification by filing a written protest with the municipal clerk within 20 days of the commission's written notice of recommendation.

(3)

In the case of a timely filed protest and after introduction of the proposed ordinance at a regularly scheduled assembly meeting, the assembly shall hold a public hearing on the proposed rezoning. At the close of the hearing, the assembly shall approve the zoning map amendment as recommended by the commission, approve the zoning map amendment with modifications, or deny the zoning map amendment.

(c)

All rezonings shall be adopted by ordinance, and any conditions thereon shall be contained in the ordinance. Upon adoption of any such ordinance, the director shall cause the official zoning map to be amended in accordance with the adopted ordinance.

(Serial No. 87-49, § 2, 1987; Serial No. 2012-11, § 2, 4-2-2012; Serial No. 2014-14(c)am, § 2, 4-6-2015, eff. 5-7-2015; Serial No. 2015-03(c)(am), § 57, 8-31-2015)

The commission may adopt regulations under chapter 01.60, establishing standards and criteria for awarding bonuses.

(Serial No. 87-49, § 2, 1987; Serial No. 96-41, § 18, 1996)

(a)

The commission may adopt and enforce regulations under chapter 01.60, establishing standards for the historic district.

(b)

Such standards may include criteria relating to:

(1)

The relationship of structures to the site and to each other;

(2)

The relationship of structures to adjoining sites and structures;

(3)

Landscaping and site treatment;

(4)

Building and structure design, including:

(A)

Architectural style;

(B)

Use of color, including exterior structure lighting;

(C)

Location and visibility of mechanical equipment;

(D)

Exterior site lighting; and

(E)

Variations in multi-structure developments.

(5)

Design features, arrangement, location, color, illumination and similar features of signs not otherwise regulated by this title;

(6)

Design and aesthetic standards for outside furniture and miscellaneous structures; and

(7)

Such other matters as may be appropriate and which will help provide consistency in agency decisions and guidance to property owners in making site development plan applications.

(Serial No. 87-49, § 2, 1987; Serial No. 96-41, § 19, 1996; Serial No. 99-22, § 14, 1999)

Administrative Code of Regulations cross references—Design review district standards, Part IV, § 04 CBJAC 060.010 et seq.; historic district standards, Part IV, § 04 CBJAC 080.010 et seq.

(a)

Commission initiated. The commission shall initiate an amendment to this title by holding a public hearing to consider whether it should recommend such amendment to the assembly. The director shall provide at least ten days public notice of the hearing.

(b)

Assembly initiated. The assembly shall initiate an amendment to this title by referring such amendment to the commission for proceeding in accordance with subsection (a) of this section.

(Serial No. 87-49, § 2, 1987)