§ 17.10.080. Classification and reclassification of borough lands.

A.

Classification of property is for review, plan implementation and management purposes. The classification system designates the most appropriate uses for land and thereby guides borough management of such lands and implementation actions to provide for the identified uses.

B.

All lands or interests in lands or resources owned by the borough shall be classified or reclassified in a manner consistent with the purposes and policies of this chapter.

C.

Only those lands for which the borough has received a state patent or has received a final decision for future title conveyance from the state under the Municipal Entitlement Act, or has otherwise received clear title may be classified or reclassified.

D.

Lands meeting the above requirements shall be classified on an on-going basis. Classification or reclassification may be initiated by the assembly, the mayor, or the planning commission.

E.

Classification or reclassification shall be based on a need identified in the borough Comprehensive Plan or upon recommendations from the mayor, the planning commission, an advisory planning commission, the public, or a local, state or federal government agency.

F.

An individual may request classification or reclassification of land by submission of a petition on the form as provided by the land management division accompanied by the appropriate fee. Said form shall be completed in full and shall clearly state, but not be limited to, the proposed classification and the justification for the classification. In the case of a reclassification the existing classification shall also be included.

G.

Individual petitions for classification or reclassification may be grouped together in a batch and acted upon a minimum of two times within each calendar year. The procedures outlined in subsections H and I of the section shall apply.

H.

Notice of the proposed classification shall be published two times in a newspaper of general circulation in the local area in which the classification is proposed. In areas not served by daily newspapers, the notice shall be posted in the post office of the impacted community and sent to the appropriate advisory planning commission. The notice shall contain the description of the property to be classified, the general location, proposed classification, where written comments may be submitted, the last date for which written comments may be submitted, and the date, time and location of the planning commission public hearing. At the beginning of the notice period a copy of the notice shall be sent by regular mail to all owners and/or leaseholders of record of property located within a radius of one-half mile of the lands to be classified. Notice shall also be sent to applicable local, state or federal government agencies, advisory planning commission and other interested groups. The public comment period shall not be less than thirty (30) calendar days from the date of the first publication of the notice. When land is classified in conjunction with the adoption or implementation of a community land use plan that was adopted as an element of a comprehensive plan, or within a city with a zoning ordinance the classification is excepted from the requirement that public notice be mailed to all owners and/or leaseholders of record property located within a radius of one-half mile of the land to be classified.

I.

The planning commission shall hold a public hearing as specified in subsection (H) of this section on the classification or reclassification and make recommendations to the assembly. Recommendations shall be based on findings of fact which may include: the location of the lands, surrounding uses and ownership, existing and future access, property characteristics including topography, soils and availability of utilities, any known encumbrances or permits, physical examination where necessary and feasible, and comments from an appropriate advisory planning commission. The classification or reclassification shall be compatible with any land use plan adopted under the borough comprehensive plan or another plan approved by the assembly. If a proposed classification or reclassification is not compatible with an approved land use plan, a plan revision shall be necessary before the classification or reclassification is adopted.

J.

The Land Management Division shall be responsible for the official map depicting the current classification.

K.

All borough lands shall be classified as one of the following:

1.

Agriculture

2.

Residential

3.

Commercial

4.

Heavy Industrial

5.

Light Industrial

6.

Recreation

7.

Preservation

8.

Government

9.

Resource Development

10.

Resource Management

11.

Institutional

12.

Utility/Transportation

13.

Waste Handling

14.

Rural

15.

Grazing

The classifications are specifically defined in KPB 17.10.250.

L.

All borough lands or interest in lands or resources not otherwise classified are undesignated lands.

M.

Adoption of any proposed classification under this chapter shall be by assembly resolution. Due consideration shall be given to the planning commission's recommendations on proposed classifications.

(Ord. No. 2002-15, § 1, 6-4-02; Ord. No. 96-08, § 1, 1996; Ord. No. 94-16, § 1, 1994; Ord. No. 93-14, § 1, 1993; Ord. No. 92-57, § 1(part), 1993)