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City of Seldovia Municipal Code

Title 18: Zoning

Chapter 18.84 Nonconformity

18.84.010 Intent.
When any lot. structure use or occupancy legally exists prior to the adoption of this zoning code, but does not meet the requirements of this zoning code, it shall be considered a nonconforming lot, structure or use. Except as provided in this zoning code, nonconformities may continue but may not be expanded.

18.84.020 Nonconforming Lots.
Each parcel of land of record on the effective date of this zoning code or amendments thereto may be developed in confonnity with all other provisions of this zoning code even though such parcel fails to meet the minimum lot size required. However, owners of contiguous parcels on the effective date of this zoning code or amendments thereto, which parcels would not meet the minimum lot size if considered separately, shall not be permitted to sell or develop the contiguous parcels in a manner which increases the number of nonconforming parcels.

18.84.030 Nonconforming Structures.
Nonconforming structures are subject to the following restrictions:

  1. No such structure may be enlarged or altered in a way which increases its nonconformity;
  2. Any such structure, which is moved for any reason for any distance whatever, shall thereafter conform to the regulations for the zone in which it is located after it is moved.

18.84.040 Nonconforming Uses.
Nonconforming uses are subject to the following provisions:

  1. No structure shall be altered except as permitted in this zoning code.
  2. Nonconforming uses shall not be extended to occupy any land outside nonconforming structures.
  3. When a nonconforming use is discontinued for 1 (one ) year, the use shall not thereafter be permitted except in conformance with the regulations of this zoning code.
  4. When a nonconforming structure is destroyed, all associated nonconforming uses shall be deemed terminated.
  5. The nonconformity shall not be moved to any other portion of the lot or the parcel.

18.84.050 Elimination of Nonconforming Lots, Structures and Uses.
A reasonable schedule for the termination of a nonconforming lot, structure or use, or combination thereof, which significantly impairs the public health, safety and general welfare or the rights of neighboring property owners pursuant to this zoning code, shall be established by amendment to the Seldovia Zoning ordinance.

Chapter 18.88 Board of Adjustment

18.88.010 Board of Adjustment Established.
The Seldovia City Council is declared to be the Board of Adjustment.

18.88.020 Powers and Duties.
The Board of Adjustment shall hear and decide appeals consistent with the provisions of this Zoning Code.

18.88.030 Procedures.
Appeals heard by the Board of Adjustment shall be conducted as set forth in Section 18.92.060 and the rules and regulations governing city council activity as specified in the Seldovia City Code.

18.88.040 Appeals to the Superior Court.
All appeals from any actions of the city council sitting as a Board of Adjustment shall be taken directly to the Superior Court for the State of Alaska. The costs of defending an action taken by the city council sitting as the Board of Adjustment shall be borne by the City of Seldovia.

Chapter 18.92 Appeals

18.92.010 Purpose.
This section governs all appellate actions and determinations taken under the Seldovia Zoning Code.

18.92.020 Who May Appeal.
Any person or persons with interests in land which is affected by an action or determination taken under this zoning code may appeal the action or determination.

18.92.030 Period for Appeal.
An appeal must be filed within 30 days of the action or determination being appealed.

18.92.040 Appeal Application.
A. All applications for administrative appeal shall be filed with the city clerk, shall be in writing, and shall contain, but are not limited to, the following information:

  1. The name and address of the applicant;
  2. A description of the action or determination from which the appeal is sought;
  3. The matter appealed, the reason for the appeal, and must include a description of the harm which the appellant will suffer.
B. The period for decisions specified in Section 18.92.060 shall begin immediately upon receipt of the appeal by the City Clerk.

18.92.050 Body to Hear Appeals.
A. Appeals from action or determination of the city manager are heard by the city planning commission, unless otherwise provided by this title.

B. Appeals from the city planning commission are heard by the Board of Adjustment, unless otherwise provided by this title.

C. Appeals from Board of Adjustment action are heard by the Alaska Superior Court.

18.92.060 Appeals Procedure.
A. This section covers all administrative appeals under this zoning code.

B. All appeals must be decided by the agency with whom the appeal has been filed within 60 days after the appeal has been filed with that agency.

C. The appellant and all parties who have participated in the decision below shall be provided with 15 days notice of the scheduling of the appeal hearing. Affected property owners shall be notified as set forth in Chapter 18.96.

D. The notice of hearing shall specify that all persons who wish to appear before the agency hearing the appeal notify that agency of their plans at least three days prior to the hearing.

E. All persons taking part in the appeal may be represented by such persons as they desire may produce additional new evidence as necessary, and may dispute evidence introduced by any party.

F. An electronic recording shall be kept of the entire proceeding and shall be preserved for 1 year unless required for further appeals.

G. All decisions shall be in writing and made solely upon the record before the agency hearing the appeal and shall make reference to evidence contained in the record. The agency shall include in its record the officially adopted minutes and decision of the agency from which the appeal was taken.

H. The agency deciding an appeal shall adopt as part of its decision an official statement of findings and reasons supporting its decision. This statement shall refer to specific evidence in the record and to the controlling sections of this zoning code. Upon express vote, the agency may adopt, as its statement of findings and reasons, those findings and reasons officially adopted by the agency below from which the appeal was taken.

  1. Copies of the agency's decision and official statement shall be promptly mailed to all parties participating in the appeal hearing.
I. Any party participating in an appeal hearing shall have 30 days to appeal the decision to a higher agency or court. Any decision not appealed within that period shall become final.

Chapter 18.96 Public Hearings

18.96.010 Purpose.
This chapter governs all public hearings held under the authority of the Seldovia Zoning Code.

18.96.020 Public Hearing Procedure.
A. Notice of public hearing shall be posted in locations specified by Seldovia City Code. The notice shall be posted five (5) days prior to the public hearing date.

B. The notice shall contain at least the following infonnation:

  1. A brief description of the proposal on which the public body is to act;
  2. A legal or common description of the property involved;
  3. Date, time and place of the public hearing;
  4. Person and place to contact for more detailed information.
C. The rules of order of the body holding the hearing shall prevail.

18.96.030 Notification of Neighboring Property Owners.
A copy of the aforementioned notification shall be mailed to real property owners on record on the Borough Assessor's record within a three-hundred-foot periphery of the parcel affected by the proposed action. When a public hearing is to be held about a zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three public places.

Chapter 18.97 Amendment Procedures

18.97.010 Amendment Procedure.
A. Amendments to this zoning code shall be adopted by the City Council in accordance with procedures and provisions as provided in Chapter 18.92.

B. The city planning commission shall study any application for an amendment and will consider and determine:

  1. The need and justification of the proposed amendment;
  2. Whether the proposed amendment is in conformance with the comprehensive plan or will further the purposes of the plan;
  3. The effect of the proposed change on surrounding properties or the area; and
  4. The amount of undeveloped land in the general area having the same district classification as that requested by the proposed amendment.

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