HomeMy WebLinkAboutOrd2012-002 Sponsored by: Planning and Zoning Commission
Introduction Date: May 14, 2012
Public Hearing Date: May 29, 2012
Enactment Date: May 29, 2012
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220
DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES
ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO
CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE
PUBLIC
WHEREAS, the Planning and Zoning Commission has held numerous public work
sessions on Title 15 updates; and
WHEREAS, the 6/21/2011 public work session specifically addressed the Development
Requirements and Development Requirements Table; and
WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the
1/25/2011 public work sessions specifically addressed 15.10.225 Land Uses Allowed and the
Land Uses Allowed Table; and
WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns
and requests of the public and promote economic growth; and
WHEREAS, it is in the public interest to maintain a City Code that reflects community
needs; and
WHEREAS, on January 17, 2012 the City Council and the Planning and Zoning
Commission held a public work session to review all proposed Title 15 amendments; and
WHEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed City Code amendments.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code is hereby amended to read as follows:
Table 15.10.220 — Development Requirements Table is hereby amended as follows:
(Strikethroughs = deletions and are bold; Underline = additions and are bold Italic)
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 2of10
Zoning Districts Principally Residential Principally Commercial Principally
Public
RR R1 R2 R3 UR OR AC HC CB I RM INS P
Maximum Lot 30 35 35 40 40 35 50 100* 100 100* 30 50 10
Coverage ( %) *(See 50
Note 6, next page)
Title 15.10.225. - Land uses allowed is hereby amended as follows:
(Strikethroughs = deletions and are bold; Underline = additions and are bold Italic)
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the
end of this Title.)
(b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of
this chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required.
Prior to issuing the permit, the city shall conduct an annual life safety inspection of
each guest room to assure compliance with the current Uniform adopted Building
Code door /window egress standards, the presence of an operable and inspected fire
extinguisher and adequate smoke detection systems, a posted evacuation plan, and ,
visible signs showing exit locations.
[the remainder of SCC 15.10.225(b), Lodging remains unchanged]
(c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
(1) For purposes of this chapter, such use and storage of equipment shall be limited to a
period not exceeding 150 consecutive days in a calendar year.
(2) Transient merchant facilities shall be and remain legally licensed and road ready
and shall be removed completely from the property at the end of 150 days.
(items (3) and (4) of SCC 15.10.225(c), Transient Merchants remains unchanged]
(5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the vehicle or
trailer.
(6) Any additions, including but not limited to porches, platforms and decks, shall be
sided or painted to match or complement the temporary structure vehicle or trailer
prior to operation.
[the remainder of SCC 15.10.225(c), Transient Merchants remains unchanged] mid
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 3 of 10
(e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table
15.10.225 of this chapter subject to the following:
(1) Lot size may not be less than 20,000 square feet per large animal, or not less than
20,000 square feet for every two small animals (excluding chickens and rabbits);
(2) Livestock fencing shall be no closer than five feet from a property line;
(3) A city approved drainage plan showing that runoff from the livestock corral or pen
will not adversely impact neighboring property or stream;
(4) A city approved manure storage and disposal plan. The manure storage pile shall not
be closer than 25 feet from any property line.
(5) Up to five chickens (hens) or rabbits are allowed in accordance with Table
15.10.225.
(6) Chicken or rabbit coops and enclosures are required and must meet a minimum
setback of 25 feet from neighboring homes.
(7) Chickens or rabbits are not allowed on lots with more than one dwelling unit.
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CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 4 of 10
Table 15.10.225. - Land Uses Allowed Table is hereby amended as follows:
(Strikethroughs = deletions and are bold; Underline = additions and are bold Italic)
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR Ri R2 R3 UR OR AC HC CB I RM INS P
Accessory Building 0 0 0 0 0 0 0 0 0 0 0 0 0
Adult entertainment INTENTIONALLY
LEFT BLANK
Agency, i.e., travel, insurance, Q 0 0 Q 0
title, real estate, etc.
Agriculture 0
Airport and related services 0 C
Amusement or recreation 0 0 0
facility
Animal shelter 0 C
Antenna, personal TV, satellite 0 0 0 0 0 0 0 0 0 0 0 0
dish
Art gallery 0 0 0 Q 0
Assemblages, temporary large, Pp PP P P P owl
i.e., circus, fair
Attraction, permanent major C C C C C
visitor
Auditorium 0 0 0
Auto repair, i.e., mechanic, C 0
glass body, upholstery
Auto service /gas station 0 0 0
Auto /RV sales and rentals 0 0 0
Boat sales 0 0 0 Q
Boat, commercial 0 0
building /fabrication
Boat, harbor /marina C C C C C
Boat, repair and maintenance 0 0 0 C
Boat, storage commercial 0 0 0 Q
C
Bulk material, i.e., concrete, C C
gravel, sand, asphalt
Business, marine retail sales and 0 0 0 0 Q
service c
Business, package liquor 0 0 0
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 5 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR IR1 R2 R3 IUR OR AC HC CB I RM INS P
Business, retail sales and service 0 0 0 0
Business, retail sales and 0
service, industrial
Campground, camper park, RV C/P C/P C/P C/P C/P C/P
park
Campground, employee C/P
Car /boat wash 0 0 0
Cemetery 0 C 0
Center, community /civic Q 0 C C
0
Center, mariner's 0 0 0 0
Center, senior or teen C C C 0 0 C C
Child care, licensed center C C 0 0 0 C
Child care, licensed home 0 0 0 C 0 0 0 0 0
0
imp Church C C C C C C 0 0 0 p
Clinic, medical 0 0 0 0 0
Clubs, C 0 0 C
fraternal /lodges /social /veterans
Cluster subdivision C C C
Communications, commercial 0 0 0 0 0 0
—
satellite dishes, towers, poles,
and antennas less than 3 -meter
(4-5 16 feet) diameter or 75
feet in height
Communications, commercial Q C C
satellite dishes, towers, poles,
C
and antennas 3 -meter 16 feet
diameter or greater than 75 feet
in height
Correctional /prison facility CC CC
Crematory 0
Docks /wharves, industrial cargo 0 0 C C
Dock, passenger 0 0 0 g 0
� C
him Drinking establishment, i.e., C C C
bar, nightclub, lounge
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 6 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC HC ICB 1 RM INS I P
Drive -in facility —fast food, C Q C C C
banking, etc. C
Dwelling, apartment in a 0 0 0 0 0 0
commercial building (limited to C
one unit)
Dwelling, apartment in a 0 0 C C
commercial building (two or
more units)
Dwelling, apartment, mother -in- 0 0 0 0 0 0 0
taw or accessory
Dwelling, attached single- CC CC C C C
family, i.e., townhouse, row
Dwelling, condominium CC CC C C C
Dwelling, detached single- family 0 0 0 0 0 0 0 C 0
C
Dwelling, group home 0 0 0 0 0 0 0
C
Dwelling, guest house 0 0
C
Dwelling, multi - family (3 or CC CC C C C
more units)
Dwelling, two- family or duplex 0 0 0 0 0 C 0
C
Dwelling, watchman or 0 C
caretaker
Emergency services, pub /vol; C C CC C C 0 C 0 0 C 0
—
i.e., fire, ambulance, rescue —
Financial institution, i.e., bank, C 0 0
S&L
Flea market, open air retail C C C
other than occasional
Fuels, bulk storage and sales C
Golf course 0 0 C
Golf driving range 0 0 0 0 C
Greenhouse /nursery— 0 0 0
commercial
Grocery, convenience store CC C 0 0 0 Q ..r
Grocery, supermarket, foodmart 0 0
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 7 of 10
ism Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Health club C C 0 0 0
Home occupation 0 0 0 0 0 0 0 0 Q 0
Hospital C C
House rental on a nightly basis PP P P P P
Housing, bunkhouse C C C
Housing, dormitory 0 0
Housing, nursing, retirement, C C C
convalescent
Kennel, commercial, musher or INTENTIONALLY
fancier LEFT BLANK
Laundry, dry cleaning 0 C 0 0
Library 0 0 0 0
Livestock, Excluding P P
Chickens Et Rabbits
Livestock, Chickens Et P P P P P P P P P
%., Rabbits
Lodging, BfaB, rooms, duplex H/P H/P H/P H/P H/P 0/P 0/P Q/p 0/P
and accessory apartment
Lodging, hostel Pp P P P P
Lodging, hotel, motel, lodge, C 0 C C
inn
Lodging, multifamily dwelling P P P P P C. P
apartment
Lumber yard /building supply C 0 C
Manufacturing— noxious, heavy C
Manufacturing, light fabrication, C 0
assembly
Merchant, transient 0 0 0 0
Mobile home park C/P
Mobile home, residential, not in INTENTIONALLY
park LEFT BLANK
Mobile home sales 0 0
Mobile medical unit Q Q 0
Mortuary/funeral home 0 0 0
Museum C 0 0 0 0 0
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 8 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC (HC CB I RM INS P
Office, boat charter, guide 0 0 0 0 0 Q
C
Office, business or professional 0 0 0 0 0
Office, government /quasi- 0 0 0 0 0 0 0
government administration
Office, mobile /temporary on P P P P P P P P PP P P P
construction site
Office, home, professional 0 0 0 0 0
Parking lot Q Q 0 0 0 0 0 0 0 0
C C
Personal services, i.e., beauty, 0 0 0 0
shoe, tailor
Planned unit development C C C C C C
Playground, public tot lot 0 0 0 0 0 0 0 0 0 0 0
Railroad C C C C
Recreation, commercial indoor, 0 0 0 C
i.e., bowling, skating
Recreation, outdoor, i.e., 0 C C C
miniature golf
Recreation, shooting range C C C
Recycling center C C 0 C
Recycling, self - service drop -off 0 0 0 0 0 0 0 0
point
Repair service, i.e., large C C 0
appliance
Resource extraction, C C C
commercial subsurface, i.e.,
mining
Resource extraction, C C C
commercial surface, i.e., gravel
Resource extraction, G C C C C CC C CC C
commercial timber harvesting
Restaurant, food service, 0 0 0 0 0 C
catering, brewpub
Rooming or boarding house 0/P C 0/P 0/P
0/P
Salvage —auto, wrecking, scrap, C
junkyard
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 9 of 10
r., Districts: Principally Residential Principally Commercial Principally
Public
Uses RR (R1 R2 R3 UR OR AC HC ICB 1 RM IINS P
Sawmill or lumbermill C C
School, college C C Q
C
School, public /private C C C C C C C C C
elementary/secondary —
School, vocational C 0 0 C 0 A
C
Seafood processing, i.e., C C C C
canning, rendering —
Shop, i.e., welding, sheetmetal, C C 0
machine, steel fab.
Shop, i.e., wood, signs, cabinet, C C 0 C 0
upholstery
Shopping center (mall) C C
Solid waste disposal, i.e., baler, C C C
transfer, landfill
..r Storage, container Q A A A A A A A A 0 A C
C C C C
Storage, explosives P
Storage, outdoor, yard, C 0 0 C
material /equipment
Storage, self service 0 0 0 p
Storage, warehouse and 0 0 C 0 C
distribution
Studio, radio /television C 0 0 0 0 C
Tanks, aboveground associated C C C 0
with service station
Taxidermy 0 0 0 p 0
Terminal, i.e., bus, truck, 0 C 0 C
freight
Terminal, marine /boat 0 C 0 0 C
passenger
Theater, concert, movie 0 0 Q
Tool /equipment rental 0 0
Trailer, to porary office C C C C C C C C C C
Orr Temporary Structure
CITY OF SEWARD, ALASKA
ORDINANCE 2012 -002
Page 10 of 10
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Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 1R3 JUR OR AC HC CB ( 1 RM INS P
Utility facility, public electric, C C C C C C 0 0 0 0 0 0
water, sewer, etc.
Vehicle impound lot 0 0
Vending machine repair, storage 1Q C
0 0
Veterinary hospital C C C
Wind Energy Conversion Systems 0 0 0 0 0 0 0 0 0 0 0 0 0
(WECS)
Section 2. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 29` day of May 2012.
THE CITY OF SEWARD, ALASKA
David Seawar , Mayor
AYES: Valdatta, Bardarson, Keil, Shafer, Terry
NOES: Casagranda, Seaward
ABSENT: None
ABSTAIN: None
ATTEST:
/ /fit , 4/4.
o canna ' .� - I I C � •�` S
. •` d •.
City Clerk �• y , •••'•• •�
(City Seal) r -^ s
• ( SE • • a
• � F -
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•••qrF OF p0P0'
Council Agenda Statement
Meeting Date: May 14, 2012 t se
To: City Council � 'o
Through: Jim Hunt, City Manager � �
From: Donna Glenz, Planner geASr�P
Agenda Item: Amending Portions of Seward City Code (SSC)
15.10.220 Development Requirements Table;
15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table to change,
update and accommodate the wishes of the public
BACKGROUND & JUSTIFICATION:
In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review
and update portions of the City Zoning Code in Title 15, Chapter 10. The Commission held six (6) public
work sessions specifically reviewing and amending Sections 15.10.225 Land Uses Allowed and 15.10.225
Land Uses Allowed Table and one (1) work session specifically addressed the Development Requirements
Table 15.10.220. January 17, 2012 the Commission and the City Council held a joint public work session to
review each of the requested changes.
The Commission has reviewed and discussed the Land Uses Allowed and the Land Uses Allowed Table
sections of the Seward City Code (SCC) in depth. Members of the public were present and expressed
comments and concerns during many of the work sessions. The Commission has addressed and
accommodated all public concerns and input through the proposed changes.
While no public requests were submitted for the Development Requirements Table, the Commission reviewed
and recommended an increase in the Maximum Lot Coverage for the Office Residential Zoning District. (As
depicted below)
(Strikethroughs = deletions and are bold; Underline = additions and are bold Italic)
Zoning Districts Principally Residential Principally Commercial Principally Public
RR R1 R2 R3 UR OR AC HC CB I RM INS P
Maximum Lot 30 35 35 40 40 35 50 100* 100* 100* 30 50 10
Coverage ( %) 50
The Commission has recommended several minor changes and updates to SCC §15.10.225 Land Uses
Allowed. Specific additions, deletions or changes are as follows:
(Proposed changes are indented and the staff explanation follows at the margin)
(b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this
chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing
the permit, the city shall conduct an annual life safety inspection of each guest room to assure
compliance with the current Uniform adopted Building Code door /window egress standards, the
Seward City Council
Agenda Statement for
Ordinance 2012- DoZ
Page 2 of 4
presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a
posted evacuation plan, and visible signs showing exit locations.
The State of Alaska adopts a revised Building Code approximately every three (3) years. Once the State has
adopted the code the City then follows by local adoption. At the time the current Zoning Code was adopted
the building code title in place was the Uniform Building Code. Since then the title of the building code has
changed to the International Building Code. To eliminate current and future title changes it has been
recommended to remove the specific title and use the verbiage of "adopted" Building Code.
([the remainder of SCC 15.10.225(b), Lodging remains unchanged]
(c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed in
accordance with table 15.10.225 are subject to the following development requirements:
(1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not
exceeding 150 consecutive days in a calendar year.
(2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be
removed completely from the property at the end of 150 days.
[items (3) and (4) of SCC 15.10.225(c), Transient Merchants remains unchanged]
(5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked
tires and be fully skirted to match the tentpareture vehicle or trailer.
(6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted
to match or complement the - - .. • . . - vehicle or trailer prior to operation.
[the remainder of SCC 15.10.225(c), Transient Merchants remains unchanged]
The City has received many comments and complaints regarding the conditions and visual clutter of the
Transient Merchants facilities, especially during the non -use months of the year. The intent of a transient
merchant is that the facilities needed to do business are mobile and in place for a very short time. The
proposed changes to the transient merchant requirements are to insure that the Transient Merchant remains
transient and the vehicle(s) used for the business are removed at the end of the season or the 150 day period.
(e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this
chapter subject to the following:
(1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square
feet for every two small animals (excluding chickens and rabbits);
(2) Livestock fencing shall be no closer than five feet from a property line;
(3) A city approved drainage plan showing that runoff from the livestock corral or pen will not
adversely impact neighboring property or stream;
(4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than
25 feet from any property line.
(5) Up to five chickens (hens) or rabbits are allowed in accordance with Table 15.10.225.
L1
Seward City Council
Agenda Statement for
Ordinance 2012- 2
Page 3 of 4
(6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25
feet from neighboring homes.
(7) Chickens or rabbits are not allowed on lots with more than one dwelling unit.
The addition of chickens and rabbits to the Livestock code is in response to requests from the public to allow
chickens on the smaller parcels within the residential zoning districts of Seward. The current code does not
allow for any livestock animals on lots less than 20,000 square feet. This essentially limits livestock to the
Forest Acres area of Seward. Through research and discussion the proposed addition to the SCC would
follow what other communities, including Anchorage, have adopted for the keeping and rearing of chickens
and rabbits. Allowing no more than 5 chickens (hens) or rabbits by permit will meet the requests of the
public.
Table 15.10.225. - Land Uses Allowed Table (See the Table within the attached Ordinance)
The Land Uses Allowed Table had not been reviewed or updated in many years. The Commission held many
work sessions and listened to the comments from the public. The proposed changes reflect the many hours of
review and discussion by the Commission.
Consistency Checklist:
Yes No NA
1. Comprehensive Plan (2020) X
3.7.3 Continue to improve the quality and efficiency of city governmental services.
• Continue to revise and update the Seward City Code.
2. Strategic Plan (1999) X _
Goals and Objectives
* Adjust local development regulations, where appropriate, to encourage development that is consistent
with our economic base vision (page 5)
* Update the Zoning Code in order to implement the Comprehensive Plan (page 11)
* Ensure uniform and consistent enforcement of the Zoning Code (page 11)
Seward City Code §15.01.035(c)(2) &(3) provides that the Planning and Zoning Commission shall hold a
public hearing and forward written recommendations to the City Council before the City Council amends or
repeals any land use regulations, or changes zoning or land use boundaries.
As per City Code §15.01.040 Public Hearings; the public notice requirements were met. At the time of
publishing this agenda, no public inquiry had been received.
INTENT:
The proposed Code changes update and incorporate public requests and is recommended by the Planning and
Zoning Commission Priorities. This update is being accomplished by amending portions of SCC15.10.220
Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table.
Seward City Council
Agenda Statement for
Ordinance 2012- 0 0 2_
Page 4 of 4
As required by Seward City Code§ 15.01.035(c)(2) &(3) the Planning and Zoning Commission held a public
hearing on August 2, 2011also a second public hearing on April 3, 2012 and now forwards the attached
Ordinance to the City Council for adoption.
FISCAL NOTE: None.
Approved by Finance Department: J t # 4 , 1,
ATTORNEY AND STAFF REVIEW: YES X �� No
RECOMMENDATION:
Staff recommends the Council introduces and enact Ordinance 2012 -00 2- , amending portions of Seward
City Code (SSC) 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225
Land Uses Allowed Table.
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