Chapter 20.04
GENERAL PROVISIONS
Sections:
20.04.040 Provisions reflect minimum requirements
20.04.050 Continuity of prior special exceptions and variances.
20.04.010 Purpose.
This zoning text and the official zoning maps regulate the use of land within the Bristol Bay Borough and assist the implementation of the borough’s comprehensive plan and coastal management plan. The zoning ordinance is closely related to the borough’s other land use regulations, the clearing and grading ordinance and the subdivision regulations.
The zoning text and maps specifically limit the allowable use of land by imposing requirements for building dimensions, minimum lot size, building-to-lot coverage ratios, lot line setbacks, type of use, and performance standards applicable to specific districts. The districts in which these regulations apply have been designated to promote orderly community development, protect property value, and safeguard public health, safety, and welfare under the powers granted to the borough pursuant to Title 29 of the Alaska Statutes. These regulations accomplish this by encouraging compatibility of the adjacent land uses, maintaining adequate light, air, privacy, efficient traffic circulation, and reasonable and cost effective relationships between population concentrations and the provision of infrastructure and public services. It is the desire of the residents of Bristol Bay Borough to protect and conserve the natural resources and attractions which are vital to the borough’s economic stability and to the lifestyle of its residents.
The zoning ordinance is not intended to define or predict all possible land use situations. The Purpose sections preceding each zoning district’s regulations in Chapter 20.16 will be useful for identifying the intent of the district regulations. This intent is the tool used to interpret the ordinance’s application to unusual situations. As conditions change in the community the zoning regulations and procedures will need to be amended to assure their usefulness in maintaining the character of the different communities within the Bristol Bay Borough. Procedures for amending the zoning regulations are presented in Chapter 20.24. (Ord. 90-15 §1.1, 1991).
20.04.020 Enacting clause.
The ordinance codified in this title establishes comprehensive zoning regulations for the Bristol Bay Borough in accordance with the provisions of Article 4, Section 29.33.070, et seq., Alaska Statutes, and is adopted pursuant to recommendation of the Bristol Bay Borough planning and zoning commission which after a public hearing thereon, recommended the same for adoption to the borough assembly. Thereafter the assembly having studied the proposed ordinance and having determined that it will provide for advantageous development and encourage the most appropriate use of land throughout the borough, in concurrence with the recommendation of the planning and zoning commission, does by this ordinance put such ordinance into effect in the Bristol Bay Borough. (Ord. 90-15 §1.2, 1991).
20.04.030 Zoning boundaries.
The boundaries of the zones shown upon the official Bristol Bay Borough Zoning Maps adopted by this title, or amendments thereto, are hereby adopted and approved and the regulations of this title governing the use of land, buildings, and structures, the height of buildings and structures, the size of yards about buildings and structures, and other matters as herein set forth are hereby established and declared to be in effect upon all land within the boundaries of each and every zone shown upon each zone map. (Ord. 90-15 §1.2.1, 1991).
20.04.040 Provisions reflect minimum requirements.
In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Wherever the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, covenants, or contracts, the most restrictive, or that imposing the higher standards, shall govern. Any use permitted in a more restrictive zone shall be permitted in a less restrictive zone. (Ord. 90-15 §1.2.2, 1991).
20.04.050 Continuity of prior special exceptions and variances.
Any valid special exception or variance granted prior to the enactment of the ordinance codified in this title shall be permitted to continue in accordance with such exception or variance, and is deemed to be in conformity with this title. (Ord. 90-15 §1.2.3, 1991).