Bristol Bay Borough
City Zoning Code
City Zoning Code
CHAPTER 20
20 SITE DEVELOPMENT PERMIT PROCEDURES
§ 20.20.010 Purpose and intent.
The purpose of this chapter is to ensure that certain development within the borough complies with the comprehensive plan, coastal management plan and other plans and policies that are adopted by the borough. It is intended that through compliance with this permit system that valuable natural resources, watersheds, fish habitat and real property within the borough will be protected from deleterious development. The permit system established through this chapter will also provide a record of development and valuable information relating to taxable property within the borough. This chapter shall not apply to native allotments or other lands held in trust by the federal government.
(Ord. 95-8 § 2 (part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.020 Definitions.
As used in this chapter:
"Building or structure"
means and includes, but is not limited to, any dwelling (including any manufactured home, travel trailer or dormitory), storage building, commercial or industrial building, office building, church building, marine or air transportation facility (including any dock, wharf, boat launching ramp or aircraft landing facility) or wind-powered generation facility.
"Permanent placement"
means a placement that is connected, as a separate billing account, to electrical, telephone, cable T.V., or sewer utilities or is intended to remain on or at the site for more than five years.
(Ord. 95-8 § 2(part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.030 Permit required.
A.
None of the following activities, operations or uses shall occur within the borough until a site development permit has been obtained from the borough:
1.
Any excavation or placement of fill exceeding fifty cubic yards of material;
2.
Any removal or disturbance of topsoil exceeding a surface area of more than one thousand square feet;
3.
Any permanent placement of a building or structure having a total floor space of more than five hundred square feet or a total height of more than thirty feet;
4.
Any commercial activity, operation or use;
5.
Any industrial activity, operation or use;
6.
Any resource extraction operation, including topsoil, sand and gravel;
7.
Any archaeological survey or excavation.
B.
The borough assembly may, by resolution, establish and amend fees for permits related to this chapter.
(Ord. 95-8 § 2(part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.040 Administration.
The Bristol Bay Borough planning department shall be responsible for the administration of the site development procedure, under the authority of the planning commission.
(Ord. 90-15 § 4.1, 1991; Ord. 95-8 § 3(part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.050 Application and fee.
Application for site plan review shall be filed with the Bristol Bay Borough planning department. The application shall include the following, on a form provided by the planning department:
A.
Name and address of owner and applicant;
B.
Address and legal description of property;
C.
Require identity of owner of the property, and if the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner;
D.
A brief description of the proposed use, including information pertinent to the review criteria and findings in Section 20.20.060;
E.
Identification of present zoning district;
F.
A site plan, drawn to scale and sufficiently dimensioned as required to show the following:
1.
The date, scale, north arrow, title, name of owner and name of person preparing the site plan;
2.
The location and dimensions of boundary lines, easements, and required yards and setbacks identified in Chapter 20.16;
3.
The location, height, and intended uses of existing and proposed buildings or structures on the site, and the approximate location of existing buildings and structures on abutting sites within one hundred feet;
4.
The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs, and outdoor lighting;
5.
The location of wetlands, watercourses and drainage features;
6.
A plan showing existing and proposed topography and, if using fill, a cross-section of the fill (Chapter 18.24);
7.
Location of existing and/or proposed sewage disposal system and potable water supply; and
8.
Other information as determined by the planning director to be necessary for adequate review of the application;
G.
Notwithstanding other fee schedules, a non-refundable site development permit fee of twenty-five dollars for residential multi- and single-family dwellings and fifty dollars for commercial, industrial, and unrestricted structures. If the permit is applied for after construction has begun, a late fee, equal to the cost of the permit, is charged.
(Ord. 90-15 § 4.2, 1991; Ord. 95-8 § 3(part), 1995; Ord. 2006-01, 2006; Ord. 2010-04(part), 2010)
§ 20.20.060 Standards for evaluating the application.
The planning department shall review and evaluate the site plan permit application based on the following criteria:
A.
Conformance with the zoning ordinance and other applicable regulations and standards established by the borough;
B.
Compatibility with adjacent sites, in terms of setbacks, open spaces, drainage, site development, and access and circulation features;
C.
Potentially unfavorable effects on existing uses on abutting sites, to the extent that such effects exceed those which reasonably result from the use of the site; and
D.
Modifications to the site plan which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards.
(Ord. 90-15 § 4.3, 1991; Ord. 95-8 § 3(part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.070 Action on application.
A.
Within thirty calendar days of receipt of a complete application, the planning department shall act upon the application. Action may be to approve, to approve subject to modification, or to disapprove the site plan. Inaction does not constitute approval.
B.
If approved, the permit will be issued.
C.
If approved subject to modifications, the applicant shall be notified in writing and by telephone, when possible, of the modifications required. The permit shall be issued after the applicant has agreed, in writing, to the modifications.
D.
If denied, the applicant shall be notified in writing and by telephone, when possible, of the denial and the reasons thereof.
(Ord. 90-15 § 4.4, 1991; Ord. 95-8 § 3(part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.080 Modifications.
A.
Once the site plan is approved, no modifications may take place without written consent of the planning department. The applicant shall submit an application for modification of the approved site plan. Minor revisions or modifications may be approved by the planning director if it is determined that the circumstances or conditions applicable at the time of the original approval remain valid, and the changes would not affect the findings described in Section 20.20.060.
B.
Major modifications will require the filing of an additional application, and will be subject to the process outlined in Sections 20.20.050, 20.20.060 and 20.20.070.
(Ord. 90-15 § 4.5, 1991; Ord. 95-8 § 3(part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.090 Lapse of permit.
A.
Unless a longer time shall be specifically established as a condition of approval, a site plan approval shall lapse and shall become void eighteen months following the date on which such approval becomes effective.
B.
A site plan approval subject to lapse may be renewed by the planning director for an additional period of one year; provided, that prior to the expiration date, a written request for renewal is filed with the planning department by the applicant.
(Ord. 90-15 § 4.6, 1991; Ord. 95-8 § 3(part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.100 Suspension and revocation of permits.
A.
Upon violation of any applicable provisions of this title, or if granted subject to conditions, upon failure to comply with the conditions, the site plan approval shall be suspended.
B.
The applicant may appeal the decision to suspend site plan approval to the planning and zoning commission pursuant to Section 20.32.010. The planning and zoning commission shall hold a public hearing within forty days of filing of the notice. If not satisfied that the provisions of the approval of this title are being complied with by the applicant, the planning and zoning commission may revoke the site plan approval or take such action as may be necessary to ensure compliance with this title.
C.
The applicant may appeal the decision of the planning and zoning commission to the borough assembly pursuant to Section 20.32.020. The borough assembly shall hold a public hearing within forty days of the filing of the public notice. The borough assembly shall take such action as may be necessary to ensure compliance with this title. The borough assembly decision is final, and shall take effect immediately.
D.
Suspension of site plan approval shall remain in effect during the appeal process. Any site improvements made while suspension is in effect shall be subject to the penalties set forth in Chapter 20.36.
(Ord. 90-15 § 4.7, 1991; Ord. 95-8 § 3(part), 1995; Ord. 2010-04(part), 2010)
§ 20.20.110 Approval to run with land.
Site plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application.
(Ord. 90-15 § 4.8, 1991; Ord. 95-8 § 3(part), 1995; Ord. 2010-04(part), 2010)