DENALI BOROUGH, ALASKA
ORDINANCE NO. 02-05
INTRODUCED BY: Jerry Mueller
AN ORDINANCE AMENDING THE
SUBAREA LAND USE PLAN FOR VILLAGE VIEW SUBDIVISION.
BE IT ENACTED by the Assembly of the Denali Borough, Alaska
that:
Section 1.
Classification. This ordinance is of a general and permanent
nature.
Section 2. Purpose. The purpose of the
ordinance is to amend land use regulations for Village View subdivision in
accordance with the Village View Subarea Land Use Plan and as stated in the
Denali Borough Comprehensive Land Use Plan.
Section 3. Authority.
1.)
Alaska Statutes Title 29.35.180(b);
2.)
Denali Borough, Code of Ordinances/Chapter 35;
Section 4. Action.
To Amend the Village View Subarea
Land Use Plan
Section 5. Review.
This ordinance is subject to review concurrent with Denali Borough
Comprehensive Land Use Plan.
Section 6. Effective
Date. This ordinance becomes effective upon
adoption by the Denali Borough Assembly, signature of the Mayor, and approval
by a 60% majority vote at the special election.
DATE INTRODUCED: _May 18,
2002_____
FIRST READING: _May 18, 2002_____
PUBLIC HEARING: _June 9, 2002_____
PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 9th
day of June, 2002.
SIGNATURE ON FILE
Mayor
ATTEST: SIGNATURE ON
FILE
Borough Clerk
VILLAGE
VIEW SUBDIVISION SUBAREA LAND USE PLAN
OVERALL PURPOSE:
To preserve the predominately residential character of the
Village View Subdivision.
SPECIFIC OBJECTIVES:
1) To limit the density of residential development, and activities
associated with that development, within the subdivision.
2) To allow home occupations that are consistent with the residential
character of the subdivision.
3) To prohibit commercial development that is inconsistent
with the residential character of the subdivision.
4) To minimize vehicular traffic on the roads within the
subdivision in order to maintain a quiet and pedestrian-friendly neighborhood.
1) Subdividing of lots into
parcels less than 40,000 sq. ft. in area is prohibited.
2) Dwelling development is limited
to one single-family dwelling per each 40,000 sq. ft. or one double family
dwelling (duplex) per each 80,000 sq. ft.
A)
This shall include rental units of either a nightly or
longer-term nature.
B)
This shall include employee housing.
C)
One guest cabin shall be excepted from this limitation as
long as:
1.
The guest cabin users are visiting guests of the dwelling’s
residents.
2.
No money, services or goods are exchanged for use of the
guest cabin.
3) The primary use of any dwelling
unit within the subdivision must be residential.
4) Buildings
are limited to a maximum of two stories above grade.
5) Dog numbers are limited to a
maximum of 8 on lots of less than 80,000 sq. ft., and a maximum of 20 on lots
equal to or greater than 80,000 sq. ft.
6) Home occupations are the only
commercial activities allowed.
7) Home occupations are subject to
the following conditions:
A)
The owner(s) of the home occupation must reside on the
premises.
B)
Only the owner(s) of the home occupation, and one other
person (whether an employee or contractor), shall be allowed to work on the
premises in said home occupation.
C)
Any home occupation must be clearly incidental to the
primary residential use of the lot.
D)
There shall be no visible outward appearance of the
buildings or premises that is inconsistent with residential character,
residential activities or residential setting.
1.
This shall include outdoor storage of materials or
equipment.
2.
There shall be no business signs visible off the premises.
E)
Traffic shall not be generated by a home occupation in
greater volume than would normally be expected in a quiet pedestrian-friendly
residential neighborhood.
F)
No equipment or process shall be used in home occupations
which create or cause:
1.
noise, vibration, light, glare, fumes or odors detectable to
the normal senses off the premises, beyond normal residential levels.
2.
visual or audible interference in any radio or television
receivers off the premises.
3.
Perceptible electrical fluctuations in the line voltage off
the premises.
G)
Bed and breakfast lodging is allowed with a maximum of 2
bedrooms rented per lot and a maximum of 2 adults (plus children) per room per
night.
a.
If bed & breakfast lodging includes separate structures,
these structures shall each be considered a dwelling.
I) The following home occupations shall be
prohibited:
a.
Tours
b.
Rental of motorized vehicles
c.
Retail sales
d.
Livestock or animal rentals
e.
Delivery services
8)
Nonconforming structures and uses in effect on the date of adoption of this
amendment are allowed to continue operation.
A)
The nonconforming use must be an existing legal use at the
time of passage of this amendment.
There must be an actual use of the type and nature claimed. The use must be substantial and regular
enough that it was commonly known that the property was being used for that
purpose.
B)
A nonconforming use shall not be expanded nor used for
adding other prohibited structures or uses.
C) If the
nonconforming use ceases to exist for a period of more than two years it shall
not be allowed to resume operation.
D) A nonconforming use determination must be obtained
from the borough planning commission.
1. The application must be submitted within one year
from the date of adoption of this amendment.
2. The burden of proof lies on the applicant.
3.
The planning department shall give notice of the
nonconforming use
application to other property owners and
residents with the
subdivision.
9) An owner
may apply for a conditional use permit for authority to use land, which may be
considered incompatible with the Village View Sub Area Land Use Plan.
Conditional use permit requests shall be approved or denied by the planning
commission of the Denali Borough. In granting a conditional use permit the planning
commission may:
1.
Put
conditions on the development to further the goals & objectives of the land
use plan.
2.
To the
greatest extent possible ensure compatibility with existing land use plan.
3.
To the
greatest extent possible minimize impacts, which are not compatible with land
use plan and neighborhood.
The
construction or installation phase of an activity requiring a conditional use
permit must be completed within one calendar year from the date of issuance or
the permit shall expire. Prior to its expiration date, the planning department
upon request may grant a conditional use permit extension for up to 12 months.
Any
application should include but not be limited to the following:
1.
Where
does new development potentially differ from the land use plan
2.
How is
new development consistent with the land use plan.
3.
What
steps are planned to mitigate any potential incompatibility with the land use
plan
4.
Name,
address and phone number of applicant
5.
Updated
address list of real property owners in the Village View Subdivision
Twenty
days prior to the public hearing the planning department will send out a
mailing to Village View Subdivision landowners and post information at the
local posting places with the following information:
1.
Name of
Permittee
2.
Description
of property involved
3.
Summary
of application for conditional use permit
DEFINITIONS:
For the purposes of this amendment, all words used shall
have their normal and customary meanings, unless specifically defined in this
code.
“Accessory building” means a building that is subordinate to
the principal building, and is incidental to the use of the principal building
on the same lot.
“Accessory use” means a use incidental and subordinate to the principal
use on the same lot.
“Bed and breakfast lodging” means overnight transient accommodation that
may provide meals as part of the purchase price of the accommodation.
“Conditional use” means a use of a structure or land which
may be allowed by the borough planning commission after a public hearing and review,
and subject to certain prescribed or imposed conditions.
“Dwelling,” means a
building designed for residential purposes, including single-family and
two-family dwellings. Types of
dwellings:
A) “Single-family dwelling” means a detached building designed
for occupancy by one family.
B) “Two-family (duplex) dwelling” means a detached building designed for occupancy by two families living independently of each other and containing two living units, where the two living units share a common foundation and at least one interior wall.
“Dwelling unit” means one or more rooms designed for or
occupied by one family.
“Family” means an individual or two or more persons
customarily living together as a single housekeeping unit.
“Guest cabin” means an accessory, detached building for the
temporary use of visitors as nonpaying guests of the dwelling residents, which
cannot be segregated or separately leased, rented nor exchanged for goods or
services.
“Home occupation” means an economic enterprise operated within a
dwelling unit, or buildings accessory to a dwelling unit, that is incidental
and subordinate to the residential use of the premises.
“Nonconforming use” means a lawful use of land that does not comply with
this amendment, but which complied with the original 96-12 ordinance.
“Primary or principal use” means the main use of the land or
building to which all other uses are incidental.
“Incidental use” means a use, subordinate to the principal
or primary use, which is allowed only when a principal or primary use exists on
the same lot.
“Premises” means a Village View Subdivision building, lot or
land.