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City residents in the central Kenai Peninsula are accustomed to living with land-use rules governed by municipal zoning codes, but most rural residents rely on covenants and restrictions enforced through civil authorities to separate conflicting land use and protect property values.

Another alternative is available in the Kenai Peninsula Borough, namely Local Option Zoning as was recently approved by the borough assembly for a new subdivision being developed in Funny River.

The purpose of Local Option Zoning is to provide property owners in the rural district an opportunity to petition the assembly for greater restrictions on land use than otherwise provided by borough code.

The provision controls the placement of buildings on property and controls land uses by separating conflicting uses, regulating certain uses as being detrimental to residential areas, establishing minimum lot sizes and setback requirements and setting the number and type of structures allowed on a parcel.

It also preserves open space and assures adherence to goals of the borough's Comprehensive Plan and Coastal Management Program.

Not new, the borough's Local Option Zoning ordinance was updated in 2000, but the zoning only is in place in four neighborhoods in the central peninsula, according to Crista Hippchen, a planner in the borough Planning Department.

At its Nov. 18 meeting, the borough assembly also approved Local Option Zoning for the Funny River Grove subdivision being developed near Mile 14 Funny River Road along Leann Avenue.

Typical with this type of zoning in rural borough neighborhoods, the developers themselves approached the assembly seeking approval of zoning.

Hippchen said developers Dr. Arvind Phukan and Bruce Sharkey are planning 45 lots in the 52-acre, single-family residential subdivision.

In existing neighborhoods outside city limits, local property owners can petition the borough to adopt a local option zone.

Hippchen said a minimum of 12 contiguous lots constitute a Local Option Zone and within that zone, at least three-fourths of the property owners must favor the zoning.

In addition to strictly residential zones, Local Option Zones can be mixed residential, commercial or industrial.

Local Option Zones already in existence are College Heights off Kalifornsky Beach Road, Keystone outside the Soldotna city limits, Grande View Heights off Walker Street and Ten Mar Ranch -- also known as Stone Hollow Estates -- off DeVille Road.

When a Local Option Zone is being proposed for an existing neighborhood, all lots and the uses of the lots must conform or have the ability to conform to borough zoning regulations, according to Hippchen.

For instance, in the R-1 Single-Family Residential zone, all lots must be at least 40,000 square-feet or just under 1 acre. In R-R Rural Residential, lots must be 100,000 square-feet or about 2.5 acres.

"When you try to zone a neighborhood that's been in existence for awhile, you have disparate lot sizes," Hippchen said.

If a lot happens to be too small, it can be classified as a non-conforming lot and the Local Option Zoning can proceed, she said.

"All lots must be within 50 percent of the average size of the 12 lots," she said, explaining that the total acreage of the 12 lots is added together and divided by 12 to get an average. All lots must be within 50 percent of that average, either below or above the average size.

If all property owners are in favor of Local Option Zoning, the complete a petition and application and submit them to the Planning Department. The borough Planning Commission then conducts a public hearing on the proposal.

Within 60 days of receipt of the petition, and upon approval of the Planning Commission, the petition is forwarded to the borough assembly.

Upon adoption by the assembly, the Local Option Zoning becomes law.

Within cities, zoning ordinances are enforced by the city law enforcement officers.

In subdivisions with covenants and restrictions, violations must be resolved by legal action in civil court.

In the case of Local Option Zoning, a borough code enforcement officer responds to complaints of violations.

Typically a complaint is registered with the Planning Department and the code enforcement officer investigates and attempts to resolve the situation.

The code enforcement officer has the authority to fine a violator, but Hippchen said, "Hopefully it doesn't come to that."

In addition to subdivision developers and local property owners initiating Local Option Zoning, the borough can also initiate zoning in undeveloped areas to assure compliance with the Kenai Peninsula Borough Comprehensive Plan and Coastal Management Program.

Phil Hermanek can be reached at phillip.hermanek@peninsulaclarion.com.