<strong>KETCHIKAN</strong> <strong>GATEWAY</strong> <strong>BOROUGH</strong> CODE 18.05.090(3) Upon such notice of appeal having been duly filed, the clerk shall thereupon send a certified copy thereofto the zoning administrator, the planning commission secretary and the planning commission, togetherwith a written request for all pertinent records and transcripts, including the written decision and/or resolutionof the planning commission granting or denying the said application. The zoning administratorand planning commission secretary shall, within seven (7) days after having received said certified copyof the appeal and request, certify and deliver said records, transcripts and documents to the clerk of theboard of adjustment.(4) An appeal to the board stays enforcement proceedings unless the board or a court issues an enforcementorder based on a certificate of imminent peril to life or property made by the enforcement officer.(5) The board of adjustment shall hear and decide appeals on the record established by the planning commissionconsidering all pertinent records, transcripts, documents, testimony or other evidence certified to itby the zoning administrator and the planning commission secretary. The board of adjustment shall considerat a public meeting all appeals not later than thirty (30) days following the date the certified recordspecified in subsection (c)(3) of this section is delivered to the clerk of the board of adjustment; provided,however, the date for the public meeting may be continued for a period not to exceed an aggregate totalof thirty (30) additional days as follows:a. By the clerk upon the clerk’s determination there is a lack of a quorum, or upon receipt by the clerkof a written request from the appellant not less than three (3) days prior to the scheduled meeting; orb. By the board for purposes of securing additional information, or upon written request for a continuanceby the appellant, or for other reasons.(6) At least ten (10) days’ notice of the time and place of the public meeting shall be published in a newspaperof general circulation in the borough. In addition, at least ten (10) days’ written notice of the time andplace of said public meeting shall be given to the appellant(s) and affected property owners or possessors,as such is determined within this title.(7) The board of adjustment, after having received and considered the said appeal, the certified records, transcriptsand documents, at a duly held appeal hearing, shall forthwith render a decision as set forth in subsection(b) of this section. The board of adjustment may provide an opportunity to hear a limited summaryof the appeal and may question the appellant, the property owner and the planning commission’s representativeabout the appeal; however, evidence not previously before the planning commission will not beheard or made a part of the board of adjustment record. The decisions of the board of adjustment shall beby motion and the vote shall be taken by roll call. A majority vote in the affirmative by the memberspresent at a hearing in which a quorum is present adopts any motion. Following adoption of the motion,the members voting on the prevailing side of the motion shall, with the presiding officer, develop formalspecific findings of fact which support the decision and which shall be deemed part of the final decisionand permanently entered in the record of the appeal proceedings.(8) The adoption of the motion constitutes the final decision of the board of adjustment, and the date of theadoption of the motion constitutes the date of the final decision of the board of adjustment. The clerk ofthe board of adjustment shall, not later than ten (10) days of the date of the final decision, certify saidmotion to the zoning administrator, planning commission secretary and planning commission. In addition,a certified copy of the motion shall immediately be mailed to the appellant(s) by certified mail,return receipt requested. The appellant shall be informed of his further right of appeal as set forth in subsection(d) of this section.(9) If the board of adjustment fails within thirty (30) days after the date on which the hearing of the appeal isclosed, to affirmatively reverse, affirm, modify or remand the decision of the planning commission, thedecision of the administrative official or planning commission shall be deemed to be upheld and affirmed.18-21
18.05.090 GENERAL PROVISIONS(d)Judicial Review. The owner of the property, a municipal officer or any party with ownership or possessoryinterest in property located within the borough may appeal an action of the board of adjustment to the superiorcourt in the manner provided by Rule 602 of the Rules of Appellate Procedure of the state of Alaska.(e) Fees. Fees for appeals to the board of adjustment shall be as provided for in KGBC 2.105.030. [Ord. No. 792,§§11 – 18, 6-3-91; Ord. No. 671, §8, 12-5-88; Ord. No. 520, §1, 2-19-85; Ord. No. 475, §§1, 2, 10-3-83; Ord.No. 335, §§1, 2, 8-6-79; Ord. No. 327, §10, 3-19-79; Ord. No. 289, §2, 2-21-78; Ord. No. 279, §2, 12-9-77;Ord. No. 201, §§1, 3, 8-4-75; Ord. No. 149A, §3, 2-19-74. Code 1974 §60.10.125; Code 1969 §49.15.230.]18-22
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