Chapter 20.04
GENERAL PROVISIONS

Sections:

20.04.010    Citation of provisions.

20.04.020    Repealed.

20.04.030    Purpose of provisions.

20.04.040    Planning and zoning commission – Established.

20.04.050    Districts and map – Purpose generally.

20.04.060    Districts – Basis and purpose.

20.04.070    Preliminary report and actions to effect provisions.

20.04.080    Regulations deemed minimum standards.

20.04.090    Compliance required.

20.04.100    Structure compliance required.

20.04.110    Essential service permitted in all districts.

20.04.120    Zoning of annexed lands.

20.04.130    Building location generally.

20.04.140    Interpretation of regulations for permitted uses.

20.04.150    Conflicts with other provisions.

20.04.010 Citation of provisions.

The ordinance codified in this title shall be known and may be cited as the zoning ordinance of the borough. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.05.070.]

20.04.020 Statutory authority.

Repealed by Ord. 833. [Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.05.010.]

20.04.030 Purpose of provisions.

The borough assembly deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the borough, to enact the ordinance codified in this title. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.05.020.]

20.04.040 Planning and zoning commission – Established.

The borough assembly, pursuant to the provisions of AS 29.35.180(B), has appointed a planning commission to recommend the boundaries of the various districts, make regulations to be enforced therein, and appoint and constitute the members thereof to the zoning commission which commission shall be entitled the planning and zoning commission and referred to in this title as the “commission.” [Ord. 867 § 1, 2013; Ord. 487 § 5, 1986; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.05.030.]

20.04.050 Districts and map – Purpose generally.

The commission has divided the borough into districts and has prepared a zoning map and regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; and to facilitate adequate transportation, water and sewage facilities, schools, parks and other public requirements. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.05.040.]

20.04.060 Districts – Basis and purpose.

The commission has given reasonable consideration, among other things, to the character of the districts and their suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the borough. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.05.050.]

20.04.070 Preliminary report and actions to effect provisions.

The commission has made a preliminary report and held public hearings thereon, pursuant to notice, and submitted its final report to the borough assembly, and the borough assembly has given due public notice of hearings relating to districts, regulations, and restrictions, and has held such public hearings, and all requirements of the Alaska Statutes, with regard to the preparation of the report of the commission and the subsequent action of the borough assembly have been met. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.05.060.]

20.04.080 Regulations deemed minimum standards.

The regulations set forth in this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land and, particularly, except as otherwise provided in this chapter. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.10.010.]

20.04.090 Compliance required.

No building or land shall be used or occupied and no building or part thereof shall be erected, moved, or altered after the effective date of the ordinance codified in this title unless in conformity with the regulations specified in this title for the district in which it is located. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.10.020.]

20.04.100 Structure compliance required.

After the effective date of an ordinance codified in this title, no structure shall be erected or altered as follows:

A. To exceed the height;

B. To accommodate or house a greater number of families;

C. To occupy a greater percentage of lot area; or

D. To have narrower or smaller rear yard, front yard or side yard than is specified in this title for the district in which such building is located. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.10.030.]

20.04.110 Essential service permitted in all districts.

Essential services, as defined in WMC 20.08.280, shall be permitted in all districts. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.40.010.]

20.04.120 Zoning of annexed lands.

All territory which may be annexed to the borough after the effective date of the ordinance codified in this title is zoned residential (SF) until otherwise classified by the order of annexation and by amendment of this title as provided by law. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.40.020.]

20.04.130 Building location generally.

Every building erected after the effective date of the ordinance codified in this title shall be located on a lot as defined in this title. If it is located on two or more legally subdivided lots, the building may straddle an interior lot line. However, all other regulations shall apply as though the parcel of lots concerned were a single lot. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.10.060.]

20.04.140 Interpretation of regulations for permitted uses.

A. The express enumeration and authorization of a particular class of building, structure, or use in a designated district shall be deemed a prohibition of such building, structure, or use in all other districts unless otherwise specified.

B. In case of reasonable doubt as to whether a use is permitted in a specific district, the zoning administrator shall rule as to the intent and meaning of this title. When it is alleged that there is an error in the zoning administrator’s interpretation of this title, the commission shall rule. If the commission upholds the decision of the zoning administrator, appeals from this decision may be made to the board of adjustment as provided in WMC 20.80.010.

C. The zoning regulations shall apply equally to private and public property. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.20.020.]

20.04.150 Conflicts with other provisions.

Wherever there is a conflict between this title and other ordinances pertaining to the regulation of property within the borough, the most restrictive ordinance or code provision shall apply. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.10.070.]