The borough assembly;

The planning and zoning commission;

Any department or agency of the borough;

Any individual, corporation or agency other than those listed above, subject to the following conditions:

Legal description of the property;

Acreage of the property;

Present improvements on the property and their current use;

Statement explaining how the subject property is more suitable for the uses permitted in the proposed zone district rather than those permitted in the existing zone district;

Statement giving reasons why uses permitted in the proposed zone district would not be detrimental to surrounding land uses.

Public hearings can be conducted during a regular scheduled meeting that addresses the issues involved in the proposed zoning ordinance amendment.

Notice shall be given at least 15 days in advance of the public hearing by posting on the property to be rezoned, at the Borough Administration Building, the King Salmon Post Office, the Naknek Post Office, and the South Naknek Post Office.

Due notice shall be mailed containing this information to all adjoining property owners and all of their adjoining property owners.

The need for the proposed change;

The effect of a zoning change on the specific property and on surrounding properties;

The amount of undeveloped land in the general area having the same district classification as that requested;

Relationship of the proposed amendment to the comprehensive plan and the coastal management plan.

The fee for the reclassification of property shall be fifty dollars plus the costs of posting and publication as described in subsection D of this section.

The fee for a text amendment petition shall be the costs of posting and publication as described in subsection D of this section.

No Special Privilege. A variance cannot be a special privilege extended to one individual property owner. The circumstances must be such that the same variance would be appropriate for any property owner facing similar circumstances.

Favorable or Neutral Effect on Surroundings. A variance must not be injurious to the public welfare, or to property in the vicinity of the applicant.

Supportive of Other Land Use Plans. A variance must be in harmony with the general purpose and intent of the zoning ordinance. It must not adversely affect the borough's comprehensive plan or coastal management plan.

Subject to Conditions. A variance, if approved, must be made subject to such conditions as are necessary to accomplish the purpose of these rules.

That a strict or literal interpretation and enforcement of the specified requirement would result in practical difficulty and/or unnecessary hardship.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same zone.

A nonconforming use of neighboring lands, buildings, or structures in the same district shall not be considered grounds for issuance of a variance.

A nonconforming use by a neighbor in lands, buildings, or structures in the same district shall not be considered grounds for issuance of a variance, nor shall the existence of any other variance granted in the same general area constitute grounds for issuance of a similar variance.

Any variance granted shall be minimum variance that will make possible a reasonable use of the land, building, or structure, equivalent to, but not exceeding, the use of similar lands, buildings, or structures permitted generally in the same use district. The planning and zoning commission may reduce the extent of the variance requested.

Application. Application for a variance shall be filed with the planning department on forms provided. Any person with a legal interest in the property may submit an application.

Investigation and Report. The planning department will investigate all applications for a variance to provide necessary information ensuring that the action on each application is consistent with the variance criteria in subsection B of this section and shall make a recommendation to the planning and zoning commission. Any report of such investigation shall be included in the application file.

Planning and Zoning Commission Action. The commission shall review the application and investigative report and recommendation submitted by the planning director at a regularly scheduled meeting.

The commission shall determine whether the evidence supports a finding that the required criteria have been met, and shall approve, approve with conditions, or deny the application accordingly.

A public hearing may be held by the commission if it decides there is sufficiently strong public opposition to the proposed variance. Public hearing notice to affected parties would be according to the procedures described in Section 20.28.020(D). The commission's approval, approval with conditions, or denial shall be in writing and shall include express written findings on each of the applicable criteria.

Variance decisions by the commission shall become final after an elapsed period of fifteen days from the date of decision and notification by mail, unless appealed to the borough assembly within that fifteen-day period. The commission decision, with findings, shall be sent by mail to the applicant within ten working days of the date of the action. If the decision is to deny, the same mail shall include notice of the manner in which an appeal may be made to the borough assembly.

An application of a variance which is not acted upon by the planning and zoning commission within ninety days from the receipt of the application may be deemed denied, and may be appealed to the borough assembly in the manner described in Section 20.32.020.

Compliance with Conditions of Approval. Compliance with conditions imposed in the variance and adherence to the submitted plans, as approved, is required. Any departure from these conditions of approval and approved plans constitutes a violation of this title subject to the provisions of Chapter 20.36.

Conformance with the goals and policies of the comprehensive plan and the coastal management plan, and the standards and policies of the zone district.

Compatibility of the conditional use with the surrounding area or neighborhood in terms of lot size, building height or bulk, traffic circulation, parking, provision of signs, buffering, screening, landscaping, open space, control of smoke, glare, noise or hours of operation.

Conformance with minimum lot size standards specified in the Bristol Bay Borough subdivision regulations, Section 18.20.140, including any variations from those standards that may be required after Alaska Department of Environmental Conservation review of specific site conditions for proposed commercial, industrial and multifamily residential uses.

A property owner or his or her agent may request a conditional use or modification of an existing conditional use by filing an application with the planning director using forms prescribed by the borough.

The planning and zoning commission shall make a decision on the request within thirty days after considering the application at a regularly scheduled meeting or public hearing, and shall express in the record of the meeting the findings of fact supporting or rejecting the application, based on the criteria contained in this title or on the goals and policies of the comprehensive plan. The conditions deemed necessary by the planning commission to make the conditional use acceptable shall be made a part of the terms under which the conditional use permit is approved, and violations of such terms shall be deemed a violation of this title.

The planning and zoning commission's action on a conditional use application may be appealed to the board of adjustment by any party affected by the proceedings, or by a borough official. The board shall act only upon the planning commission's record regarding the application, supporting materials, and public hearing, if any. The board shall make findings and set conditions and safeguards, as required in this chapter for the planning and zoning commission, if an appeal is granted. Prior to the assembly's sitting as a board of adjustment in any special exception appeal, the borough clerk shall cause due notice, including time and place of appeal, to be mailed, at least ten days before the scheduled hearing, to owners of real property within three hundred feet of the property which is proposed for special exception.