DENALI BOROUGH, ALASKA

ORDINANCE NO. 96-04

INTRODUCED BY: Jim Caswell

AN ORDINANCE PROVIDING FOR LAND USE REGULATION THE INITIAL ZONING OF THE BOROUGH.

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. Borough Assembly Finding. The Assembly of the Denali Borough being charged by the Legislature for the provision of planning, platting and land use regulation; AND WHEREAS; the maintenance of a rural lifestyle is of utmost importance to Borough resident; AND WHEREAS; the Borough consist of distinct communities with differing interests;

NOW THEREFORE, the Borough Assembly finds that it is in the best interests of the resident of the Denali Borough to make land use decision as much as possible on a local or community basis.

Section 1. All land in the Borough is zoned unrestricted unless otherwise provide by ordinance. There are no prohibitions on land zoned unrestricted.

Section 2. Should any of the residents of an area desire further zoning or land use regulation, they shall initiate it by petition of 25% or more of the registered voters of the area in question. Voters from within that area may petition the Borough Assembly to make such additional restrictions as seem necessary. The Borough Assembly shall consider such changes by ordinances.

Alternatively, upon request of 25% of real property owners within an area the Assembly shall propose and consider any changes requested by ordinance.

A. The Borough Administration will make available the resources of the Borough and such other specialists as needed to any petitioners designated representative to enable petitioners to comply with law.

B. The Borough Assembly shall attempt as far as practical to maintain the intent of the petitioners in drafting and passing such ordinances.

Upon receipt of such a petition the Borough Assembly shall:

1. Review to make certain that the proposed area is geographically contiguous and that the people affected have like interests.

2. Instruct the Borough Administration to prepare an ordinance providing for such changes. The ordinance will then be introduced and voted upon by the Borough Assembly.

3. The question of a zoning change initiated by petition shall be submitted to the voters within the area affected at a special meeting called for that purpose, unless a regular election is scheduled within seventy five (75) days, but not sooner than forty five (45) days after enactment of an ordinance submitting the question to the voters.

Section 3. Ballot Proposition. Ballot propositions submitted to the voters shall contain the following:

1.) The question of whether the zoning of the proposed area shall be changed;

2.) A clear description of the geographic area shall be included on the ballot or made available to voters at the precinct polling place;

3.) A map depicting the location and boundaries of the proposed zoning change area shall appear on the ballot or be made available to voters at the polling place;

4.) A statement of the type of zoning change including all restrictions proposed; and

5.) Such other information as the Assembly may by ordinance deem appropriate.

Section 4. Election.

1.) Ballot propositions proposing zoning changes shall be submitted to the qualified voters residing within the area of the proposed change;

2.) The election shall be held at a location within or as near the proposed zoning change area as practicable in accordance borough election codes;

3.) The Borough Clerk shall supervise the election in accordance with Chapter 66, Section 1, of the Denali Borough Code of Ordinances, furnish all materials necessary, and employ sufficient judges;

4.) The election may be by “mail in” ballot if this election procedure is appropriate.

Section 5. Commencement of Zoning Change.

Unless otherwise provided by ordinance and ballot proposition, the zoning change will take effect following certification of the election at which the zoning change was approved by sixty (60) percent of the votes cast in that election. The requirement does not apply if the area is uninhabited.

Section 3. Effective Date. This ordinance becomes effective upon

adoption by Denali Borough Assembly and signature of the Mayor.

DATE INTRODUCED: January 21, 1996

FIRST READING: January 21, 1996

PUBLIC HEARING: June 9, 1996

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 9th day of June, 1996.

SIGNATURE ON FILE

Mayor

ATTEST: SIGNATURE ON FILE

Borough Clerk