There is established the planning commission for the City and Borough to perform the areawide functions of planning, platting and zoning for the City and Borough.

(Serial No. 87-49, § 2, 1987)

(a)

The members of the commission shall be nine citizens who are residents of the City and Borough and who shall serve without pay but may be paid an honorarium. Members of the commission shall be appointed by the assembly.

(b)

Members of the commission shall be appointed for a term of three years. Terms shall end on December 31 of the third year, provided that a member shall continue to serve until a successor is appointed and takes office. Appointments to fill vacancies shall be for the unexpired term. In the event a seat has six months or less remaining to the unexpired term, the assembly, at its discretion, may choose to appoint the member to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired term. No member of the planning commission who has served for three consecutive terms or nine years shall again be eligible for appointment until one full year has intervened, provided, however, that this restriction shall not apply:

(1)

If there are no other qualified applicants at the time reappointment is considered by the assembly human resources committee, or

(2)

To qualified board members serving in board seats for which a specific occupation or expertise is set forth by ordinance.

(c)

Officers of the commission shall be chair, vice chair, clerk and assistant clerk elected by a majority vote of the members of the commission at the second meeting after the appointment of new commissioners each year or when necessary because of a vacancy.

(d)

A vacancy in the planning commission shall exist under the following conditions:

(1)

If a person appointed to membership fails to qualify and take office within 30 days of appointment;

(2)

If a member departs from the City and Borough with the intent to remain away for a period of 90 or more days;

(3)

If a member submits his or her resignation to the commission or assembly;

(4)

If a member is unable to attend regular commission meetings for a period of more than 90 days;

(5)

If a member misses more than 40 percent of the regular commission meetings in a 12-month period; or

(6)

If a member is removed by the assembly, in its sole discretion, for the convenience of the City and Borough.

(e)

For the purposes of counting attendance, a member participating telephonically in accordance with the Assembly Rules of Procedure shall be counted as present.

(f)

The chair of the commission shall notify the clerk's office of any new vacancy on the planning commission. Upon notification, the assembly shall appoint a new member for the unexpired term.

(Serial No. 87-49, § 2, 1987; Serial No. 2004-08, § 6, 3-22-2004; Serial No. 2005-03(d), § 6, 6-13-2005; Serial No. 2006-08, § 2, 4-3-2006)

Charter reference— Quorum, § 3.16(e).

The seal of the commission shall consist of two concentric circles within which appear the words "City and Borough of Juneau Planning Commission," "Seal" and "State of Alaska." It shall be retained in the custody of the director.

(Serial No. 87-49, § 2, 1987)

(a)

Regular meetings shall be held on the second and fourth Tuesday of each month.

(b)

Special meetings may be called by the chair or any three members of the commission. Public notice of special meetings shall be made 24 hours in advance and shall be supplied to the local news media and posted on the municipal bulletin board. Commission members will be notified by the department.

(c)

Public notice for all permits and other land use ordinance actions shall be according to the requirements established for such actions.

(d)

Meetings shall be conducted under Robert's Rules of Order, as modified by the commission.

(e)

The commission may, by motion, establish its own rules of procedure and committees, meeting times, dates and places, media for public notice, development application forms, referral and review agencies and procedures, and any other matter reasonably necessary or desirable for the full and complete conduct of its duties pursuant to this title and any other provision of law.

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

All permit actions of the commission shall be in the form of a notice of decision setting forth the reasons therefor and conditions thereon, if any, signed by the presiding officer of the commission, and promptly filed with the municipal clerk. Notice shall be mailed to the applicant with a copy retained in the department permanent records.

(Serial No. 87-49, § 2, 1987; Serial No. 97-01, § 3, 1997)

Committees shall be established and appointments thereto made in accordance with the rules of order.

(Serial No. 87-49, § 2, 1987)

(a)

The department shall maintain the planning commission minutes, resolutions, records, reference materials, correspondence and maps, plats, and charts, all of which shall constitute public records of the City and Borough.

(b)

The planning commission shall be furnished secretarial assistance at each regular or special meeting to assist in preparing its minutes and resolutions, and as required to prepare the commission's correspondence under the direction of the commission chair and the director.

(Serial No. 87-49, § 2, 1987)

(a)

Comprehensive plan review. The commission shall undertake a general review of the comprehensive plan two years after the adoption of the most recent update, and shall recommend appropriate amendments to the assembly. Proposed map changes shall be reviewed on a neighborhood or community basis as directed by the planning commission.

(b)

Review of the capital improvements program. Upon adequate notice which shall be provided by the director, the commission shall review annually the capital improvements program of the City and Borough and submit its recommendations to the assembly.

(c)

City and borough land disposals and projects. The commission shall review and make recommendations to the assembly on land disposals as prescribed by title 53, or capital improvement projects by any City and Borough agency.

(d)

Development code amendments. The commission shall make recommendations to the assembly on all proposed amendments to this title, zonings and rezonings, indicating compliance with the provisions of this title and the comprehensive plan.

(e)

Land use actions and related decisions.

(1)

All plats approved by the platting board prior to adoption of Serial No. 87-49 are ratified, notwithstanding the use of the commission seal or resolution.

(2)

The commission shall hear and decide all major development permit applications, density bonus requests, and appeals of decisions made by the director.

(3)

Hear and decide variance request other than administrative variances.

(4)

Rule upon map boundary questions and interpret the text of the title as provided in section 49.20.300.

(5)

Make similar use determinations as provided in section 49.20.320.

(Serial No. 87-49, § 2, 1987;Serial No. 2013-26(am), § 3, 11-4-2013, eff. 12-5-2013; Serial No. 2019-19, § 2, 7-22-2019, eff. 8-22-2019; Serial No. 2021-19, § 2, 8-2-2021, eff. 9-1-2021)

A planning commissioner shall be compensated at the rate of $225.00 per month.

(Serial No. 2021-20(b)(am), § 4, 6-14-2021, eff. 1-1-2022)

Editor's note— Serial No. 2020-06, adopted Mar. 16, 2020, and becoming effective April 16, 2020, repealed § 49.10.400, which pertained to the Subdivision Review Commission, and derived from Serial No. 87-49, 1987.

(a)

Establishment. There is established the Juneau historic resources advisory committee.

(b)

Membership. The committee shall consist of seven members appointed by the assembly. Members shall be appointed for a term of three years. The assembly shall invite applications for membership from archaeologists, historians, architects, people knowledgeable in the customs and language of the Tlingit and Haida people, and owners of locally recognized historic property, and the general public.

(c)

Officers. The committee shall select its own officers.

(d)

Meetings. The committee shall meet on an as needed basis and at least four times annually.

(e)

Staffing. The community development department may provide staff support to the committee at the director's discretion to the extent that capacity allows. Community development will maintain a system for HRAC for periodic and on-demand review sessions, ensuring that reviews and recommendations are made promptly.

(f)

Duties. HRAC is an advisory, as-needed committee. The duties of the committee include:

(1)

Review and make recommendations about local projects that might affect properties identified in the local historic preservation plan;

(2)

Review and develop nominations to the National Register of Historic Places for properties within the City and Borough;

(3)

Engage with property owners in the historic district, encourage participation in preservation activities, facilitate educational opportunities, and provide resources and guidance on best practices for maintaining historical integrity.

(4)

Provide an annual report to the Assembly on its activities, including updates on the outreach to property owners in the historic district, preservation education opportunities offered, nominations made to the National Register of Historic Places, and projects reviewed.

(5)

Cooperating and consulting with the assembly, the historic district commission, the community development department and the state historic commission on matters concerning historical districts and historic, prehistoric and archaeological preservation in the City and Borough.

(Serial No. 87-49, § 2, 1987; Serial No. 93-41, §§ 3, 4, 5, 1993; Serial No. 99-22, § 5, 1999; Serial No. 2001-01, § 2, 2-5-2001; Serial No. 2014-06(b), § 4, 2-24-2014, eff. 3-26-2014; Serial No. 2025-16, § 3, 6-9-2025)

The director is authorized and empowered to carry out all of the duties as set forth in this title and title 19, and shall have all other power and authority reasonably necessary or desirable to carry out those duties, including the power to delegate those duties to other employees of the department or other appropriate City and Borough agencies.

(CBJ Code 1970, § 49.05.150; Serial No. 87-49, § 2, 1987)

The director is authorized to approve minor subdivisions and to issue department approval under chapter 49.25 of this title.

(CBJ Code 1970, § 49.05.150; Serial No. 87-49, § 2, 1987)

The director or the director's designee should attend all regular and special commission meetings, committee of the whole meetings, and subdivision review committee meetings, as well as any public hearing or public meeting of the commission.

(Serial No. 87-49, § 2, 1987)

(a)

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

(b)

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

(c)

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

(d)

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

(Serial No. 87-49, § 2, 1987)

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

(Serial No. 87-49, § 2, 1987)

(a)

When, in the opinion of the department, a person is violating or is about to violate a provision of this title, or a lawful order of the department, or a permit, or a term or condition of a permit, issued by the department under this section, the department may notify the person of its determination by personal service, or certified mail.

(b)

The recipient of the determination must file with the department, within the time period specified in the notice, a report stating what measures have been and are being taken, or are proposed to be taken, to correct or control the conditions outlined in the notice.

(c)

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

(d)

Within 15 days after receipt, the recipient may request a hearing before the commission to review the compliance order. Failure to request a hearing within 15 days after the receipt of a compliance order constitutes a waiver of the recipient's right of review.

(e)

The commission shall hold a hearing within 20 days after receipt of a request for one under subsection (d) of this section. After the hearing, the commission may rescind, modify or affirm the compliance order.

(f)

Appeal from a decision of the commission shall be to the assembly in accordance with the provisions of section 49.20.120.

(g)

The city attorney may seek enforcement of a compliance order.

(Serial No. 87-49, § 2, 1987)

(a)

A person who violates or causes or permits to be violated a provision of this title or a regulation, a lawful order of the department, or a permit, approval, or term or condition of a permit or approval issued under this title is liable, in a civil action, to the municipality for a sum to be assessed by the court of not less than $25.00 nor more than $1,000.00 for the initial violation, nor more than $500.00 for each day thereafter on which the violation continues; or, in the case of operating without an appropriate notice, permit or for violations which are related to public health, safety and welfare, or cause substantial adverse effects on the environment, not less than $500.00 nor more than $5,000.00 for the initial violation nor more than $2,000.00 for each day thereafter on which the violation continues and which, in either case, shall reflect, when applicable:

(1)

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

(2)

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

(3)

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

(b)

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

(c)

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

(d)

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

(Serial No. 87-49, § 2, 1987)

(a)

A person who violates or who causes or permits a violation of this title or a lawful order of the department, a permit, or a term or condition of a permit is guilty of an infraction.

(b)

A person who negligently violates or who negligently causes or permits a violation of a provision of this title or of a lawful order of the department, a permit, or a term or condition of a permit is guilty of a Class B misdemeanor.

(c)

A person who willfully or recklessly violates a provision of this title, or a lawful order of the department, or a permit, or a term or condition of a permit issued under this title is guilty of a Class A misdemeanor.

(d)

Each day on which a violation described in subsections (a) through (c) of this section occurs is considered a separate violation.

(e)

A person who fails to provide or falsely states information required under this title is guilty of a Class B misdemeanor. Each unlawful act constitutes a separate offense.

(Serial No. 87-49, § 2, 1987; Serial No. 2002-09, § 3, 3-18-2002)

The department is authorized to seek administrative search warrants pursuant to section 01.35.015 of this Code for the purpose of investigating actual or suspected sources of damage caused by violations of this title or to ascertain compliance or noncompliance with this title or a permit, term or condition thereof issued under this title.

All remedies provided by this chapter are cumulative, and the securing of relief, whether injunctive, civil or criminal, under a section of this chapter does not prevent the municipality from obtaining relief under any other section of this chapter.

(Serial No. 87-49, § 2, 1987)