Bethel City Zoning Code
18.04 General
Provisions
18.04.010 Title.
This title may be referred to as the “city land use code.” [Ord. 01-05 § 8.]
18.04.020 Purpose.
The provisions of this title are for the purpose of implementing the comprehensive plan and promoting the public health, safety, and welfare of the present and future inhabitants of the city. [Ord. 01-05 § 8.]
18.04.030 Application.
A. Within each district, the regulations codified in this title shall be minimum regulations and shall apply uniformly to each class or kind of use, structure and land, including water areas.
B. No structure or land shall be used or occupied and no structure or part thereof shall be erected, moved, or altered except in conformity with the provisions of this title. [Ord. 01-05 § 8.]
18.04.040 Authority.
The provisions of the city land use code and the official map are adopted pursuant to the authority granted under AS 29.35.260(c). [Ord. 01-05 § 8.]
18.04.050 Jurisdiction.
A. The territorial jurisdiction under this title shall include all lands located within the corporate limits of the city. The provisions of this title shall apply equally to private and public property except to the extent prohibited by law.
B. When the restricted status of a native allotment or other property exempt from local land use regulation is changed to unrestricted status, or loses its protection from local land use regulations, because of sale or official government action, the property becomes subject to the provisions of this title.
C. Water areas, including frozen waterways, shall be subject to the regulations of the land use district of the land immediately adjacent to the subject water area unless the water area has been given a land use designation that is different from that of the immediately adjacent land. [Ord. 01-05 § 8.]
18.04.060 Conflict.
Whenever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, resolutions, or ordinances, the one (1) which is the most restrictive, or which requires the higher standard, shall apply. [Ord. 01-05 § 8.]
18.04.070 Notice.
A. Unless otherwise specifically provided in this title, notice of hearings required under this title shall be given as provided in subsections B through G of this section. When a hearing is required under Chapter 18.76 BMC, notice of that hearing shall be given as provided in BMC 18.76.030.
B. To the extent applicable, notice shall contain the following:
1. The name of the owner of the parcel that is the subject of the application and the name of the person who made the application if not the owner;
2. A description of the action sought in the application;
3. A description of the location and a legal description of the subject parcel; and
4. The date, time and place of the hearing.
The notice may contain any other information the land use administrator believes to be appropriate or that the planning commission may require.
C. Notice shall be published at least once in a newspaper of general circulation in the city at least six (6) days before the hearing.
D. Notice shall be mailed to the owners of each parcel of property any part of which is within six hundred (600) feet of the exterior boundary of the parcel that is the subject of the application.
1. The name and address of the owner of each parcel that is to receive mailed notice and that receives sewer or water service from the city shall be provided to the land use administrator by the public works department. The name and address of each other owner that is to receive mailed notice shall be provided to the land use administrator by the applicant. An application is not complete until the applicant has submitted the list of the names and addresses of all such other owners. The applicant, its agents and successors, shall save, hold harmless and defend the city, its officers and employees, from and against all claims and suits based in whole or in part on the failure of the city to provide mailed notice to a person to whom mailed notice was required to be sent under this subsection if the applicant provided an incorrect address or no address for a person whose address it was the applicant’s responsibility to provide. The name and address of the person shown in the records of the Bethel district recorder’s office as the current owner of the relevant parcel shall be presumed to be correct.
2. Mailed notice shall be deposited in the U.S. Mail, postage paid, at least five (5) days before the hearing.
3. Mailed notice may include maps or other additional material that is not included in the published or posted notice.
E. At least five (5) calendar days before the hearing, notice shall be posted on the public bulletin board at city hall and at three (3) other public places where other notices are regularly posted.
F. The failure of the city to fully meet each requirement of this section shall not be the basis for invalidating an action taken under this title if there was substantial compliance with at least one (1) of the forms of notice required under this section.
G. Failure of the city to fully meet each requirement for notice under any other section of this title shall not be a basis for invalidating an action taken under this title if there was substantial compliance with the other requirements. [Ord. 01-05 § 8.]
18.04.090 City held harmless.
The city of Bethel shall not be held liable for any conflicts between private citizens that may arise as a result of this title. [Ord. 01-05 § 8.]
18.04.010 Title.
This title may be referred to as the “city land use code.” [Ord. 01-05 § 8.]
18.04.020 Purpose.
The provisions of this title are for the purpose of implementing the comprehensive plan and promoting the public health, safety, and welfare of the present and future inhabitants of the city. [Ord. 01-05 § 8.]
18.04.030 Application.
A. Within each district, the regulations codified in this title shall be minimum regulations and shall apply uniformly to each class or kind of use, structure and land, including water areas.
B. No structure or land shall be used or occupied and no structure or part thereof shall be erected, moved, or altered except in conformity with the provisions of this title. [Ord. 01-05 § 8.]
18.04.040 Authority.
The provisions of the city land use code and the official map are adopted pursuant to the authority granted under AS 29.35.260(c). [Ord. 01-05 § 8.]
18.04.050 Jurisdiction.
A. The territorial jurisdiction under this title shall include all lands located within the corporate limits of the city. The provisions of this title shall apply equally to private and public property except to the extent prohibited by law.
B. When the restricted status of a native allotment or other property exempt from local land use regulation is changed to unrestricted status, or loses its protection from local land use regulations, because of sale or official government action, the property becomes subject to the provisions of this title.
C. Water areas, including frozen waterways, shall be subject to the regulations of the land use district of the land immediately adjacent to the subject water area unless the water area has been given a land use designation that is different from that of the immediately adjacent land. [Ord. 01-05 § 8.]
18.04.060 Conflict.
Whenever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, resolutions, or ordinances, the one (1) which is the most restrictive, or which requires the higher standard, shall apply. [Ord. 01-05 § 8.]
18.04.070 Notice.
A. Unless otherwise specifically provided in this title, notice of hearings required under this title shall be given as provided in subsections B through G of this section. When a hearing is required under Chapter 18.76 BMC, notice of that hearing shall be given as provided in BMC 18.76.030.
B. To the extent applicable, notice shall contain the following:
1. The name of the owner of the parcel that is the subject of the application and the name of the person who made the application if not the owner;
2. A description of the action sought in the application;
3. A description of the location and a legal description of the subject parcel; and
4. The date, time and place of the hearing.
The notice may contain any other information the land use administrator believes to be appropriate or that the planning commission may require.
C. Notice shall be published at least once in a newspaper of general circulation in the city at least six (6) days before the hearing.
D. Notice shall be mailed to the owners of each parcel of property any part of which is within six hundred (600) feet of the exterior boundary of the parcel that is the subject of the application.
1. The name and address of the owner of each parcel that is to receive mailed notice and that receives sewer or water service from the city shall be provided to the land use administrator by the public works department. The name and address of each other owner that is to receive mailed notice shall be provided to the land use administrator by the applicant. An application is not complete until the applicant has submitted the list of the names and addresses of all such other owners. The applicant, its agents and successors, shall save, hold harmless and defend the city, its officers and employees, from and against all claims and suits based in whole or in part on the failure of the city to provide mailed notice to a person to whom mailed notice was required to be sent under this subsection if the applicant provided an incorrect address or no address for a person whose address it was the applicant’s responsibility to provide. The name and address of the person shown in the records of the Bethel district recorder’s office as the current owner of the relevant parcel shall be presumed to be correct.
2. Mailed notice shall be deposited in the U.S. Mail, postage paid, at least five (5) days before the hearing.
3. Mailed notice may include maps or other additional material that is not included in the published or posted notice.
E. At least five (5) calendar days before the hearing, notice shall be posted on the public bulletin board at city hall and at three (3) other public places where other notices are regularly posted.
F. The failure of the city to fully meet each requirement of this section shall not be the basis for invalidating an action taken under this title if there was substantial compliance with at least one (1) of the forms of notice required under this section.
G. Failure of the city to fully meet each requirement for notice under any other section of this title shall not be a basis for invalidating an action taken under this title if there was substantial compliance with the other requirements. [Ord. 01-05 § 8.]
18.04.090 City held harmless.
The city of Bethel shall not be held liable for any conflicts between private citizens that may arise as a result of this title. [Ord. 01-05 § 8.]