This title shall be known and cited as the “Zoning Ordinance of the City and Borough of Sitka, Alaska.”
(S.G.C. 22.04.010; Ord. 02-1683 § 4, 2002)
The purpose of this title is to regulate the use of land and improvements by districts in accordance with the comprehensive plan, the coastal management program and other applicable programs. These zoning regulations are designed to:
A.
Provide for orderly development;
B.
Lessen street congestion;
C.
Promote fire safety and public order;
E.
Prevent overcrowding and to stimulate systematic development of transportation, water, sewer, school, park and other public facilities;
F.
Protect private property rights;
G.
Encourage the protection of environmentally critical or historically significant resources;
H.
Assure provision of adequate space for commercial, industrial, residential and other land uses necessary for public welfare;
I.
Provide for efficient and effective administration and enforcement of these regulations;
J.
Provide adequate light, air, privacy, and convenience of access to property;
1.
Enhance surface water management; and
K.
Provide for the gradual elimination of those uses of land, buildings and structures which do not conform to the standards of the district in which they are located and are adversely affecting the development and taxable value of property in the district.
(S.G.C. 22.04.020; Ord. 02-1683 § 4, 2002)
Unless otherwise set forth in this title:
A.
No building, structure, land or water area shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, moved, repaired or structurally altered except in conformity with the regulations specified in this title for the district in which it is located.
B.
No building or other structure shall hereafter be erected or altered to:
1.
Exceed the height restrictions of this title;
2.
Accommodate or house a greater number of families than permitted by this title;
3.
Occupy a greater percentage of lot area than permitted by this title;
4.
Leave narrower or smaller rear yards, front yards, space between portions of buildings or structures, or other open space than required by this title.
C.
Any building erected, enlarged or converted to a different type of use after the effective date of the ordinance codified in this title to a use which requires off-street parking shall provide parking space in compliance with the regulations established in this title.
D.
Any building erected, enlarged or converted to a different type of use after the effective date of the ordinance codified in this title for commercial or industrial purposes shall provide reasonable facilities for the loading and unloading of goods in compliance with the regulations established by this title.
E.
No yard, parking or loading area or other open space required around any building may be considered as providing a yard, parking or loading area or open space for any other building, and no yard or open space on one lot may be considered as providing a yard or open space for any other lot.
F.
No yard, open space, space between portions of buildings or structures, or lot existing at the time of the passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth in this title.
(S.G.C. 22.04.030; Ord. 02-1683 § 4, 2002)
In their interpretation and application, the provisions of this title shall be the minimum regulations and shall apply uniformly within each district, each class or kind of building, structure, land or water area, except as specifically provided in this title.
A.
In interpreting and applying the provisions of this title, they shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. It is not intended by this title to interfere with or revoke or invalidate any easement, covenant, or other agreement between parties.
B.
When the provisions of this title impose greater restrictions than are imposed by other applicable city, state, and federal regulations, the provisions of this title shall control.
C.
In case of any ambiguity or difference of meaning or inconsistencies between the text and any illustrations or other graphics, the text throughout this title shall control.
D.
Unless the context clearly indicates otherwise, words in the present tense can include the future tense, and words in the singular can include the plural, or vice versa. Except for words and terms defined in the beginning of each chapter of this title and in this chapter, all words and terms used in this title shall have their customary meanings.
E.
The words “shall” and “should” are always mandatory and not discretionary. The word “may” is discretionary.
(S.G.C. 22.04.040; Ord. 02-1683 § 4, 2002)
A.
Unless otherwise prohibited by law, to insure that public uses and structures conform to the general community pattern and to regulations governing private uses and development, agencies of the federal government, state, and the city and borough shall submit plans and receive approvals in conformance with the requirements outlined in this title.
B.
Whatever private use is made of any public land or public structures, such private use shall fully conform to the regulations set forth in this title.
(S.G.C. 22.04.050; Ord. 02-1683 § 4, 2002)
Should any word, phrase, paragraph, subsection, section or provision of this title be found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of this title as whole, or any part thereof, other than the part so found to be invalid.
(S.G.C. 22.04.060; Ord. 02-1683 § 4, 2002)
Whenever the requirements of this title are at variance with the requirements of any other lawfully adopted rule, regulation or ordinance, the most restrictive or those imposing the higher standards shall apply.
(S.G.C. 22.04.070; Ord. 02-1683 § 4, 2002)
A.
Chapters. The Sitka zoning code, SGC Title 22, contains seven chapters:
1.
Chapter 22.05 SGC, Article I, Introduction and General Provisions. Establishes the purpose, title and basic rules for using the city development code.
2.
Chapter 22.05 SGC, Article II, Definitions. Provides definitions for words used throughout the title. Words or terms used only in one chapter may be defined in that chapter.
3.
Chapter 22.10 SGC, Administration. Provides for administrative and quasi-judicial permit review and approval procedures.
4.
Chapter 22.15 SGC, Zoning Maps and Boundaries. Contains the official maps showing the location of zoning districts.
5.
Chapter 22.16 SGC, District Regulations. Lists and describes the zoning classifications, allowed uses for each zone, and categorization of uses.
6.
Chapter 22.20 SGC, Supplemental District Regulations and Development Standards. Provides development standards, such as density, setbacks, height, lot width, landscaping, buffering, parking, access, and other standards to cover general and specific uses; also covers home occupations, accessory dwelling units, adult entertainment, transfer of development rights, and sign standards.
B.
Numbering scheme. The numbering scheme used in this title operates as shown below:
22 | 05 | 010 | A.1.a.i.(1)(a) |
Title | Chapter | Section | subsections |
C.
Format. Each chapter begins with a listing of the sections and a purpose statement for the chapter. General definitions are contained in the definitions article, Article II of this chapter; specialized definitions may be found at the beginning of the chapter where those definitions are used. Cross-references to other chapters and sections of this title can be found throughout the title.
(S.G.C. 22.04.075; Ord. 02-1683 § 4, 2002)