Chapter 18.10
GENERAL PROVISIONS

Sections:

18.10.010    Title.

18.10.040    Purpose.

18.10.050    Interpretation.

18.10.060    Applicability of title.

18.10.080    Relationship to comprehensive plan.

18.10.100    Fees.

18.10.010 Title.

This title shall be known and may be cited as the city of Nome zoning code. Within this title the city of Nome zoning code shall simply be referred to as “this title.” (Ord. O-08-09-01 § 2 (part), 2008)

18.10.040 Purpose.

(a) The purpose of this title is to create a vital, cohesive, well-designed community in order to enhance the city’s character and further the citizens’ goals as identified in the Nome comprehensive plan. This title is designed to:

(1) Encourage appropriate use of land throughout the city;

(2) Encourage new developments to relate to the city’s historic development pattern;

(3) Promote compact, well-defined, sustainable neighborhoods that enhance the city’s character;

(4) Create livable neighborhoods that foster a sense of community;

(5) Encourage the proper arrangement of streets in relation to existing and planned streets and ensure that streets facilitate safe, efficient, and pleasant walking, biking and driving;

(6) Facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks and other public requirements;

(7) Provide protection from flood and fire hazards and other dangers; and

(8) Promote the health, safety, and general welfare of city residents. (Ord. O-08-09-01 § 2 (part), 2008)

18.10.050 Interpretation.

(a) In their interpretation and application, the provisions of this title shall be held to be minimum requirements for the promotion of the public health, safety, and welfare.

(b) Whenever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.

(c) The words “must,” “shall” and “will” are mandatory; “may,” “can,” “should” and “might” are permissive. (Ord. O-08-09-01 § 2 (part), 2008)

18.10.060 Applicability of title.

(a) The provisions of the Nome zoning code shall apply to any and all development of land within the municipal boundaries of the city, unless expressly and specifically exempted or provided otherwise in this title. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this title. All development shall comply with the applicable terms, conditions, requirements, standards, and procedures established in this title.

(b) Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the zoning district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.

(c) This title establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Nome comprehensive plan and with adopted regulations, policies, and other guidelines. (Ord. O-08-09-01 § 2 (part), 2008)

18.10.080 Relationship to comprehensive plan.

(a) This title implements the planning policies adopted in the Nome comprehensive plan, phases I and II (“comprehensive plan”) for the city.

(b) Requirement for Comprehensive Plan Amendment. Where a development proposal would be in substantial conflict with the comprehensive plan, an amendment to the comprehensive plan will be required prior to any zoning or subdivision approvals. A substantial conflict will exist when a development proposal would result in changes from the designations of the zoning title plan maps in the comprehensive plan phase II.

(c) Criteria for Evaluating Amendment Proposals. Amendments to the comprehensive plan resulting from development proposals shall be evaluated according to the criteria and procedure outlined in the comprehensive plan and this title. (Ord. O-08-09-01 § 2 (part), 2008)

18.10.100 Fees.

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters will be charged to applicants for zoning permits, zoning title amendments, variances and other administrative relief. The fee schedule will be adopted periodically by the common council. (Ord. O-08-09-01 § 2 (part), 2008)