Chapter 20.28
PROCEDURES AND SPECIAL DEVELOPMENT PERMITS
Sections:
20.28.020 Amendments to zoning ordinance.
20.28.040 Conditional use permit.
20.28.010 Purpose.
This chapter fulfills three purposes: (A) to provide procedures for amendment of this zoning ordinance; (B) to provide review procedures and standards for evaluating land uses not listed as permitted in Sections 20.16.010 through 20.16.050; and (C) to provide procedures and standards for evaluating proposed zone district changes for properties of land in the Bristol Bay Borough. (Ord. 2010-04(part), 2010: Ord. 90-15 §6.1, 1991).
20.28.020 Amendments to zoning ordinance.
A. Eligible Applicants. An amendment to the zoning ordinance maps or text may be initiated by:
1. The borough assembly;
2. The planning and zoning commission;
3. Any department or agency of the borough;
4. Any individual, corporation or agency other than those listed above, subject to the following conditions:
a. For a zoning map amendment, the owner or owners of a majority of the land in the petition area,
b. For a zoning text amendment, any owner of real property within the borough.
B. Application. The owner of any land desiring a change in the zoning map shall file an application with the planning and zoning commission containing the following:
1. Legal description of the property;
2. Acreage of the property;
3. Present improvements on the property and their current use;
4. Statement explaining how the subject property is more suitable for the uses permitted in the proposed zone district rather than those permitted in the existing zone district;
5. Statement giving reasons why uses permitted in the proposed zone district would not be detrimental to surrounding land uses.
C. Planning and Zoning Commission Duties. The planning director, upon receipt of the application by a land owner, shall make an investigation of the matters involved in the application, publish and make available a copy of his findings of fact, and shall, within thirty calendar days, set a date for a public hearing before the planning and zoning commission thereon.
D. Notice of Public Hearing.
1. Public hearings can be conducted during a regular scheduled meeting that addresses the issues involved in the proposed zoning ordinance amendment.
2. Notice shall be given at least fifteen days in advance of the public hearing by posting on the property to be rezoned, at the Borough Administration Building, the King Salmon Post Office, the Naknek Post Office, and the South Naknek Post Office. Such notice shall also be published once, in a local newspaper, at least fifteen days prior to the public hearing. The expense of such posting and publication shall be borne by the applicant.
3. Due notice shall be mailed containing this information to all adjoining property owners and all of their adjoining property owners.
E. Criteria for Planning and Zoning Commission Decisions. The planning and zoning commission shall evaluate applications for zoning map or text amendments on the following basis:
1. The need for the proposed change;
2. The effect of a zoning change on the specific property and on surrounding properties;
3. The amount of undeveloped land in the general area having the same district classification as that requested;
4. Relationship of the proposed amendment to the comprehensive plan and the coastal management plan.
F. Planning and Zoning Commission Action on Petition. The commission shall, within forty-five days after such hearing, make a recommendation to the borough assembly and notify the applicant of its decision. If the commission, after hearing and deliberation, determines that the change in zone boundaries is in conformity with the comprehensive plan and the coastal management plan and is not materially detrimental to the public welfare or the property of other persons located in the vicinity, the recommendation shall be by majority vote of the fully constituted membership of the commission.
G. Appeal Procedures. If the commission recommends denial of the application, such decision shall be final unless the applicant files written notice of appeal to the borough assembly, with the borough clerk, within twenty days after remand, and the assembly shall take action at the next regularly scheduled meeting after receipt of such notice. Decision shall be by majority vote of the full constituted membership of the assembly.
H. Resubmission of Petition. A petition which has been denied by the assembly cannot be resubmitted to the planning and zoning commission before one year after the date of denial.
I. Fee for Rezone and Text Amendment Petition.
1. The fee for the reclassification of property shall be fifty dollars plus the costs of posting and publication as described in subsection D of this section.
2. The fee for a text amendment petition shall be the costs of posting and publication as described in subsection D of this section.
J. Zoning Map Amendment. Upon adoption of an ordinance reclassifying property, the official zoning map shall be amended, and a notation of the date of amendment and the number of the ordinance so authorizing shall be made thereon. (Ord. 2010-04(part), 2010: Ord. 90-15 §6.2, 1991).
20.28.030 Variances.
A. Purpose. A variance is a waiver or modification of some requirement contained in the zoning ordinance. The ordinance provides for variances because the strict application of a given set of requirements will, when applied to the development of many, separate parcels of land within the borough, occasionally result in practical difficulties and unnecessary hardships may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other conditions on the site or the location of existing structures thereon, or in the immediate vicinity. However, no variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located.
B. Criteria for Granting Variances. Variances to a requirement of this title, with respect to lot area and dimensions, setbacks, yard area, lot coverage, height of structures, and other quantitative requirements, may be submitted by the applicant, if expressly written findings are made to show that the following criteria are met:
1. No Special Privilege. A variance cannot be a special privilege extended to one individual property owner. The circumstances must be such that the same variance would be appropriate for any property owner facing similar circumstances.
2. Favorable or Neutral Effect on Surroundings. A variance must not be injurious to the public welfare, or to property in the vicinity of the applicant.
3. Supportive of Other Land Use Plans. A variance must be in harmony with the general purpose and intent of the zoning ordinance. It must not adversely affect the borough’s comprehensive plan or coastal management plan.
4. Subject to Conditions. A variance, if approved, must be made subject to such conditions as are necessary to accomplish the purpose of these rules.
5. That a strict or literal interpretation and enforcement of the specified requirement would result in practical difficulty and/or unnecessary hardship.
6. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same zone.
7. A nonconforming use of neighboring lands, buildings, or structures in the same district shall not be considered grounds for issuance of a variance.
8. A nonconforming use by a neighbor in lands, buildings, or structures in the same district shall not be considered grounds for issuance of a variance, nor shall the existence of any other variance granted in the same general area constitute grounds for issuance of a similar variance.
9. Any variance granted shall be minimum variance that will make possible a reasonable use of the land, building, or structure, equivalent to, but not exceeding, the use of similar lands, buildings, or structures permitted generally in the same use district. The planning and zoning commission may reduce the extent of the variance requested.
C. Variance Procedure.
1. Application. Application for a variance shall be filed with the planning department on forms provided. Any person with a legal interest in the property may submit an application.
2. Investigation and Report. The planning department will investigate all applications for a variance to provide necessary information ensuring that the action on each application is consistent with the variance criteria in subsection B of this section and shall make a recommendation to the planning and zoning commission. Any report of such investigation shall be included in the application file.
3. Planning and Zoning Commission Action. The commission shall review the application and investigative report and recommendation submitted by the planning director at a regularly scheduled meeting.
The commission shall determine whether the evidence supports a finding that the required criteria have been met, and shall approve, approve with conditions, or deny the application accordingly.
A public hearing may be held by the commission if it decides there is sufficiently strong public opposition to the proposed variance. Public hearing notice to affected parties would be according to the procedures described in Section 20.28.020(D). The commission’s approval, approval with conditions, or denial shall be in writing and shall include express written findings on each of the applicable criteria.
Variance decisions by the commission shall become final after an elapsed period of fifteen days from the date of decision and notification by mail, unless appealed to the borough assembly within that fifteen-day period. The commission decision, with findings, shall be sent by mail to the applicant within ten working days of the date of the action. If the decision is to deny, the same mail shall include notice of the manner in which an appeal may be made to the borough assembly.
An application of a variance which is not acted upon by the planning and zoning commission within ninety days from the receipt of the application may be deemed denied, and may be appealed to the borough assembly in the manner described in Section 20.32.020.
4. Compliance with Conditions of Approval. Compliance with conditions imposed in the variance and adherence to the submitted plans, as approved, is required. Any departure from these conditions of approval and approved plans constitutes a violation of this title subject to the provisions of Chapter 20.36. (Ord. 2010-04(part), 2010: Ord. 90-15 §6.3, 1991).
20.28.040 Conditional use permit.
A. Purpose. The purpose of a conditional use permit is to ensure, by imposing special conditions and requirements, that certain designated uses (Chapter 20.16) are compatible with the other uses in the district where they are permitted.
B. General Criteria for Granting Conditional Use Permits. The planning and zoning commission shall satisfy itself that the proposed conditional use meets the following general criteria:
1. Conformance with the goals and policies of the comprehensive plan and the coastal management plan, and the standards and policies of the zone district.
2. Compatibility of the conditional use with the surrounding area or neighborhood in terms of lot size, building height or bulk, traffic circulation, parking, provision of signs, buffering, screening, landscaping, open space, control of smoke, glare, noise or hours of operation.
3. Conformance with minimum lot size standards specified in the Bristol Bay Borough subdivision regulations, Section 18.20.140, including any variations from those standards that may be required after Alaska Department of Environmental Conservation review of specific site conditions for proposed commercial, industrial and multifamily residential uses.
A written application for conditional use approval shall be submitted to the planning and zoning commission through the planning director. The application shall contain a narrative statement of reasons why the proposed conditional use is appropriate.
Where the planning director finds it necessary for understanding the proposed conditional use, the permit application shall be accompanied by a site plan meeting the requirements of Chapter 20.20. Conditional use permit may be made subject to such conditions deemed necessary to carry out the intent and purpose of this title.
C. Conditional Use Application Procedures. The following procedures shall be used in applying for and acting on a conditional use application:
1. A property owner or his or her agent may request a conditional use or modification of an existing conditional use by filing an application with the planning director using forms prescribed by the borough.
2. The planning and zoning commission shall make a decision on the request within thirty days after considering the application at a regularly scheduled meeting or public hearing, and shall express in the record of the meeting the findings of fact supporting or rejecting the application, based on the criteria contained in this title or on the goals and policies of the comprehensive plan. The conditions deemed necessary by the planning commission to make the conditional use acceptable shall be made a part of the terms under which the conditional use permit is approved, and violations of such terms shall be deemed a violation of this title.
3. The planning and zoning commission’s action on a conditional use application may be appealed to the board of adjustment by any party affected by the proceedings, or by a borough official. The board shall act only upon the planning commission’s record regarding the application, supporting materials, and public hearing, if any. The board shall make findings and set conditions and safeguards, as required in this chapter for the planning and zoning commission, if an appeal is granted. Prior to the assembly’s sitting as a board of adjustment in any special exception appeal, the borough clerk shall cause due notice, including time and place of appeal, to be mailed, at least ten days before the scheduled hearing, to owners of real property within three hundred feet of the property which is proposed for special exception. (Ord. 2010-04(part), 2010: Ord. 90-15 §6.4, 1991).