DENALI BOROUGH, ALASKA
ORDINANCE NO. 01-06
INTRODUCED BY: Mayor John Gonzales
AN ORDINANCE AMENDING DENALI BOROUGH CODE OF
ORDINANCES, CHAPTER 24, to add SECTION 6, CONCERNING MANAGEMENT
OF BOROUGH REAL PROPERTY.
BE IT ENACTED by the Assembly
of the Denali Borough, Alaska that:
Section 1. Classification. This ordinance
is of a general and permanent nature.
Section 2. Purpose. The purpose of this ordinance
is to amend Chapter 24, to add Section 6 of the Denali Borough
Code of Ordinances as follows:
Section
6.
Temporary Use of Borough
Land.
A. The
Administrator has the authority to issue special land use permits for [the exclusive][existing]temporary
use of borough lands. A special land
use permit does not convey an interest in the land and may be revoked for cause
within 30 days notice. Unless otherwise
agreed to in writing, the land will be restored to its original condition upon
expiration or revocation of the permit.
Temporary [E]easements will [not] be [granted]considered
[under a special land use permit.]on a case-by-case basis.
B. Public
comment shall be sought before the issuing of a special land use permit in
those situations where, in the opinion of the Administrator, a hazardous or
obnoxious use might significantly affect the surrounding area. Notice of the proposed action shall be
published and a period for public comment shall be provided.
C. A special land use permit shall not be
granted for a term exceeding one year.
Special land use permits are not transferable. [ nor renewable. ] Upon expiration, a special land use permit
may be [re-issued]extended for a term not exceeding one year.
D. If a fee
is charged for the issuance of a special land use permit, the fee schedule
shall be established by the Denali Borough Assembly.
Section
7. Definitions.
Definitions
as used in this Chapter:
A. Hazardous Use: A[ use involving danger;
perilous; a] risk to human health and well being.
B. Interest: In Property: A right, claim,
title, or legal share in that property.
Refers to the bundle of rights, which may be transferred or conveyed
separately or in total. Methods of
transfer include deed, lease, or easement.
C. Lease: Leases
are used to dispose of specific interests in real property without transferring
ownership of that property, and it is a [A ]contract for
exclusive possession of lands or tenements for a determinate period.
D. Obnoxious Use: A use which people may find objectionable, disagreeable, offensive, or displeasing.
E. Public Interest: Something in which the
public, the community at large, has some pecuniary interest (having to do with
money), or some interest by which their legal rights or liabilities are
affected.
F. Temporary Use of Land: An exclusive use
of borough land, without conveying an interest in the land, which has a
duration for one year or less, involves minimal disturbance to the land, and
does not allow permanent structures or improvements.
Section 3. Effective Date. This
ordinance becomes effective upon adoption of the Denali Borough Assembly and
signature of the Mayor.
DATE
INTRODUCED: May 6, 2001
FIRST
READING: May 6, 2001
PUBLIC
HEARING: October 14, 2001
PASSED and APPROVED by the
DENALI BOROUGH ASSEMBLY this 14th day of October, 2001.
SIGNATURE
ON FILE
Mayor
ATTEST: SIGNATURE
ON FILE
Borough Clerk