HomeMy WebLinkAboutOrd1978-455
3/27/78
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Intr~ced By:
Int~ction Date:
Public Hearing
and Enactment:
City Attorney
3/27/78
3/27/78
CITY OF SEWARD, ALASKA
ORDINANCE NO. 455
AN ORDINANCE ESTABLISHING SPECIAL NOTICE PROCEDURES
FOR PUBLIC HEARINGS ON ZONING ~~TTERS UNDER
PRESCRIBED CIRCUMSTANCES AND DECLARING AN EMERGENCY
WHEREAS, the Zoning Ordinance for the City of Seward prescribes
a method by which conditional use permits can be granted within the City
limits of the City of Seward, Alaska, and
WHEREAS, a public hearing must be held prior to any action
being taken on the application for the conditional use permit, and
WHEREAS, Sections 21.40.05 - .15 prescribe the form and extent
of notification to the public of the scheduled public hearing regarding the
conditional use permit, and
WHEREAS, the City recently gave notices of public hearings
concerning three conditional use permits which were not in compliance with the
notice requirements of Sections 21.40.05 - .15 of the Seward City Code, and
WHEREAS, the City has issued conditional use permits based on
the belief that the notice requirements had been fully satisfied, and
WHEREAS, the holders of such permits have relied on the
validity of the permits issued to them and have incurred obligations in con-
nection with the proposed uses of their respective properties, and
WHEREAS, the notice provision of Section 21.40.10 (a) requires
a public hearing to be held not less than one month after notice is published
in a newspaper of general circulation within the City, and
WHEREAS, the holders of the permits are left without a decision
as to whether they can proceed with the proposed conditional use until the public
hearing is held, and
WHEREAS, a delay in construction of more than one month could
subject one or more of the applicants to substantial hardship due to commitments
which they have earlier made, and
WHEREAS, the City Council hereby finds that such a lengthy delay
in completion of the proposed construction creates an unacceptable danger to the
public health and safety and exposes other parties to a variety of financial and
legal hardships, and therefore declares that a state of emergency exists with
respect to such applications,
Page 2
Ordinance No. 455
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NOW, THEREFORE, THE CITY OF SEWARD ORDAINS:
Section 1. At the option of the holder of the conditional use
permit which earlier was granted without full compliance with the public hearing
and notice requirements of Sections 21.40.05 - .15 of the Seward City Code, a
new public hearing shall be held at the time and place set forth in a resolution
adopted by the City Council at a regular or special meeting thereof upon the
notice prescribed in Section 2 hereof. A public hearing held in compliance with
the resolution and the notice requirements of Section 2 shall constitute the only
public hearing required prior to decision on the application for the conditional
use permit.
Section 2. Notice of the public hearing shall be given in the
following manner:
a. Public notice shall be published at least once
prior to the date set for the hearing in a news-
paper of general circulation with the City.
b. Written notification shall be given to all real
property owners on record with the Borough Assessor
within a 300 foot periphery of the parcel affected
by the proposed action either by certified mail
or personal service or a combination thereof at
least seven days prior to the date scheduled for
the public hearing. Notice is deemed given when
mailed to or personally served on the real property
owner.
c. The notification shall contain all of the information
set forth in Section 21.40.10 Cd) or its successor.
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_ ::-:;:;,,'=-:1ce No. 455_
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Section 3. This ordinance shall take effect immediately.
PASSED AND APPROVED BY 'tHE CITY COUNCIL OP THE CITY OF
SE'dARD, ALASKA, this 27thday of March ,]978.
CITY OF
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Mayor
SEHARD, ALASKA
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L. Hugli
AYES:
NOES:
ABSENT:
CAMPBELL, GILLESPIE, HUGLI, LEER, MOTT, POTTS AND VINCENT
NONE
NONE
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL &BRUNDIN
Attorneys for the City of Seward, Alaska
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J Anne E. Shanley cr
City Clerk-Treasurer
(City Seal)