(a) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the first or second class borough, and may include, but is not limited to, the following:
(1) statements of policies, goals, and standards;
(2) a land use plan;
(3) a community facilities plan;
(4) a transportation plan; and
(5) recommendations for implementation of the comprehensive plan.
(b) With the recommendations of the planning commission, the assembly shall adopt by ordinance a comprehensive plan. The assembly shall, after receiving the recommendations of the planning commission, periodically undertake an overall review of the comprehensive plan and update the plan as necessary.
(a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to,
(1) zoning regulations restricting the use of land and improvements by geographic districts;
(2) land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction of structures;
(3) measures to further the goals and objectives of the comprehensive plan.
(b) A variance from a land use regulation adopted under this section may not be granted if
(1) special conditions that require the variance are caused by the person seeking the variance;
(2) the variance will permit a land use in a district in which that use is prohibited; or
(3) the variance is sought solely to relieve pecuniary hardship or inconvenience.
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In
Lazy Mountain Land Club v. Matanuska- Susitna Borough Board of Adjustment and
Appeal, (Sept 1, 1995) 904 P
2d 373, the Supreme Court of Alaska stated that "Adoption of a
comprehensive plan must precede enactment of zoning regulations". In their
conclusion the court held: "We conclude that the language of AS 29.40.040
requiring that zoning regulations be enacted "in accordance with" or
"in order to implement" the comprehensive plan, requires the Borough's
zoning regulations must be consistent with a validly enacted plan."
In South Anchorage Coalition, Inc. v. Coffey,
862 P.2d 168, 174, the court stated that "many of the evils in zoning
practice can be ameliorated by judicial insistence upon the zoning board's compliance
with the statutory requirement that any changes in the zoning ordinance be made
"in accordance with a comprehensive plan."
There is little value given to the public
process when others can, in a relatively short period of time and with minimal
public interest or notice, in effect rewrite any portion of the Comprehensive
Plan to suit their needs or desires. American Law of Zoning 5.02, at 263 (2nd
3d. 1976) states: "The notion that zoning regulations should be imposed
only in accordance with a comprehensive plan is
founded on the basic premise that zoning is a means rather than an end. The
legitimate function of a zoning regulation is to implement a plan for the
future development of the community."
An opinion on Late 2000 from an MOA attorney to Mayor Wuerch when asked “Is it mandatory for land use decisions to follow the Comprehensive plan?” said “the answer is “yes.”
Under
AS 29.40.040.
Land Use Regulation, a comprehensive plan adopted under AS 29.40.030 shall be
implemented with subsequently enacted provisions to implement the plan
governing the use and occupancy of land.
This clearly establishes the role of Title 21 as an implementation tool
of the Comprehensive plan and the broad definition of a Comprehensive plan
described in AS 29.40.030