HomeMy WebLinkAbout02062018 Planning & Zoning Work Session Camping CodeSponsored by: Planning and Zoning Commission
Introduction:
Public Hearing:
Enacted:
CITY OF SEWARD, ALASKA
ORDINANCE 2017-012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE CHAPTERS 2, 7, 8, AND
15 RELATING TO CAMPING REGULATIONS
WHEREAS, regulation of public and private camping is addressed in several sections of
the Seward City Code; and
WHEREAS, it is desirable to make all camping ordinances throughout the Seward City
Code consistent with one another; and
WHEREAS, it is desirable to amend the camping ordinances for public campgrounds to
clarify fees for public campgrounds and to assist park staff with enforcing ordinances, including
fee collection; and
WHEREAS, Alaska. Statutes 18.35 and the regulations adopted in 18 AAC 30.400-.470
establish minimum standards of health and sanitation for the protection of the public health and
welfare in campgrounds; and
WHEREAS, purposes of the camping regulations are to protect the public's health,
safety and general welfare, prevent overcrowding and unsanitary conditions in the City, to
provide a wholesome community environment, adequate public services, to conserve natural
resources, and to provide clean, safe and attractive recreational and tourist facilities; and
WHEREAS, in addition to several work sessions, the Planning and Zoning Commission
held a public hearing and recommended City Council approval of the proposed City Code
amendments at its meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. Seward City Code Sections 2.25.065 and 2.25.125 are hereby amended to
read as follows (S#ikee= deletigns, bold italics = additions):
2.25.065. - Harbor department —Powers and duties.
The harbor department shall:
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(1) Formulate, recommend and administer policies and procedures pertaining to the
operation of the Seward harbor and its facilities;
(2) Collect harbor fees and charges and maintain such records as are necessary for the
fulfillment of the department function;
(3) Provide for the enforcement of all city regulations pertaining to the harbor;
Mies;
(5) (4) Provide other services and duties as directed by the city manager.
2.25.125. - Parks and recreation department —Powers and duties.
The Parks and Recreation Department shall:
(1) Organize various recreational programs for individuals of all ages within the City;
(2) Coordinate recreational activities and programs with the Kenai Peninsula Borough
Community Schools programs and other local recreational entities;
(3) Maintain City recreational facilities;
4 Provide or the operation, maintenance and collection of fees or the city cam in
facilities;
(4) (5) Provide other services and duties as directed by the City Manager.
Section 2. Seward City Code Section 7.15 — Campgrounds, Parks, and Open Spaces is
hereby amended to read as follows (eeut = deletions, bold italics = additions):
7.15.010. - Camping,
7.15.010. Camping, municipal.
(a) No camping, other than as specified in section 8.'� 15.1 U 226, shall be allowed within
the City limits except in areas designated as municipal campgrounds by resolution of the
City Council or in private camper parks operating under a permit. "Municipal
campgrounds" means campgrounds owned or operated by the City and designated as
public campgrounds by resolution of the City Council Fees for camping in designated
die municipal campgrounds shall be set by resolution of the City Council. Camping on
private land is subject to Chapter 8.15 and Title 15.10.
ON Staff (Yellow)
Citizen recommends ions (Turquoise)1,Vt.
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ORDINANCE 2017-
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I .,
by be for
than 14 e o „fiw ways in one
(b) event shall e g
one paity allowed faeFe
as noted in (c)
disabled a
62 aever-may
eieept
'
&x4 r a a f time
e senior eitizens
dmt first
age eampfor-
from the City.
pefieds„
Monthly sheAl be issue A
provided they obtain
iadividuals
a mewh�y pass
issued
passes
by the City Parks Re P-,;-: e 4
only te these possessing
Tex
a spervial peffnit
-;;
at r als aFe iaeeligible
Dent. fuetufes
for- menthly passes
of plastic sheeting, eanvas
or- speeial peffHits.
o;similar-
Disabled and/or senior citizens age 62 and over may camp for extended periods of time
provided that they first obtain a special permit and monthly pass from the City Parks and
Recreation Department. Tents or structures of plastic sheeting, canvas or similar
materials are not eligible for monthly passes or special permits
(c) Persons camping Camera must be housed in a camping unit.
a moter- home, eamper-, eanepy, fifth wheeler- or- tent.
(d) Camping in desigrkaed die municipal campgrounds shall be allowed between April 15
and September 30 each year, provided, however, that the City Manager may delay modify
the opening of municipal campgrounds until such time as staffing and weather conditions
permit such use. In no event shall camping by one party be allowed for more than 14
consecutive days in one designated municipal campground for a maximum of 28 days,
except as noted in (b). Except for those areas opened for camping by resolution of the
council or stated in subsection (e) below, all die municipal campgrounds shall be closed
to camping beginning October 1 through April 14, annually.
(e) Winter camping
, shall be permitted at �edr a��designated municipal campground
area leeat�t he sotith end of-cZs-Wateffient Park. Z1,7, #er- eamping 9l..,ll not vv
eff of the City COURWI.
(f) Persons camping hers in violation of this section are subject to citation, eviction and/or
impoundment by authorized personnel. Persons camping hers who violate posted
camping regulations may have their camping permits revoked and may be evicted by
authorized personnel. if stiah aetien is waffanted,
be eensidered gFetmds for- City poliee to issue a eitafien or take other- appropriate aefien.
8wk Citations or complaints by authorized personnel shall include a complete description
of the violation and any contact between the violator and parks staff.
7.15.020. - Municipal campgrounds, registration and permits.
Municipal campgrounds are designated as fee areas. Unless otherwise
posted, persons camping GafiVer-s shall self -register and pay the established fees as posted
before occupying a campsite. A valid camping permit must be visibly displayed and attached to
all camping units at all times. Failure to self -register and pay the established fee shall result in
a fine of $50. If fine is paid within ten days, the fine shall be reduced to $25. For the purposes
City Staff (Yellow)
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ORDINANCE 2017-
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of this chapter, camping is defined as pig occupying a camping unit Of
setting a ten4 for- mem givif ut* . A camping unit is defined in 815.110.
Section 3. Seward City Code Section 8.15 — Trailers, Mobile Horne Parks, Camper Parks
and Camping is hereby amended to read as follows (Seeut = deletions, bold italics
additions):
Chapter 8.15. - Trailers, Mobile Home Parks, Camper Parks and Camping
Article 1. - General Provisions
8.15.110. - Definitions.
As used in this chapter the following terms are specifically defined as follows:
Addition. An enclosed structure of conventional construction, or a manufactured home unit,
attached to a mobile home.
or a eefwefted hearse, 1-us, station viagen or pffiael- knue-k- designed fer- use as a temper-ary travel
dwelling.
Camper park. A privately owned and operated campground on any Any parcel, or adjacent
parcels of land in the same ownership, which is used by two or more camping units eafper-S,
Camyin,& unit. A tent or recreational vehicle.
Municipal Campground campgrounds owned or operated by the City and designated
as public campgrounds by resolution of the City Council
Permit. The license issued for and allowing the establishment and management of mobile
home parks or camper parks as defined in this section.
Recreational vehicle. A vehicle used or intended for short-term occupancy as a temporary
dwelling for travel, recreation, and vacation uses
and which may be driven, towed or propelled from one location to another without change in
structure or design, whether or not the same is supported by wheels or identified by a model,
serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers,
trailer coaches, motor homes, truck campers, buses and similar vehicles.
City Staff (Yellow)
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ORDINANCE 2017-
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Space. A detined land area in a mobile home or camper park on which a mobile home or
camping unit, may be placed and which is described by boundary
lines measured in terms of:
(1) Its depth expressed as a mean distance between the front and rear of the space,
measured in the general direction of the side space lines;
(2) Its width expressed as a mean distance between the side lines of the space, measured in
the general direction of the front and rear space lines.
Used/occupied. As applied to any land, buildings, mobile home, or camping unit #gavel
e , the words "used" or "occupied" shall be construed to include the words
"intended, arranged or designed to be used or occupied."
8.15.115. - Location.
(a) Mobile home parks; and camper parks, require a conditional
use permit and administrative permit and are ermitted allowed uses per the
Land Uses Allowed Table in Title 15. in p 3 or AC dads-i„ s, provided they are approved by
the Seward Planning and Zoning Commission plafming after public hearing.
(b) Mobile home or camper spaces must be located a iiilninii:urn of 75 feet from any permanent
residence building located outside the park unless separated therefrom by a barrier such as a
right-of-way or a fence or wall at least 36 inches in height.
(e) Empleyee—eampgFotifids are—eensidered a penr,44,
provided as by *e Seward pla ..inn and zoning ne.mmissien aA
pu�+aab.lie
v
�'' �agF.
8.15.120. - Mobile home park and camper park regulations —Applicability.
(a) All mobile home parks and camper parks within the city of Seward shall be constructed,
operated and maintained in accordance with the standards set forth in this chapter. It shall be
unlawful for any person to own or operate a mobile home or camper park which does not
meet the standards of this chapter.
ON Staff (Yellow)
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C[06n r-acc r,nrfi�!ndatlnc pis ;Turquoise)
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ORDINANCE 2017-
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(b) Nothing in this chapter shall be construed as prohibiting the placement of modular or
prefabricated homes in any district where other single-family dwellings are allowed,
provided the homes meet other applicable zoning, setback, and construction code
requirements of the city, Kenai Peninsula Borough and the state.
8.15.125. - Enforcement of chapter; violations and penalties.
(a) This chapter governing mobile home parks and camper parks shall be enforced by the city
fire chief and the city clerk.
(b) Whenever a violation occurs, any person may file with the city clerk a complaint in regard
thereto. All such complaints shall be properly recorded and immediately investigated by the
appropriate city official who shall report his findings to the city manager
(c) For any and every violation of the provisions of this chapter, the owner, agent, contractor,
lessee, or tenant of any premises where such violations exist, or any other person who
commits, takes part or assists in such violations or who maintains any building or premises
in which any violation shall exist, may be assessed a penalty of not more than $300.00. Each
and every day that such violation continues shall be deemed a separate and distinct violation.
(d) Any structure which is in violation of the provisions of this chapter shall be and the same is
hereby declared to be unlawful and a public nuisance and the city manager shall, upon order
of the city council, commence lawful action to abate or remove such building, structure or
use or to restrain any violation of this chapter.
(e) All remedies provided for herein shall be cumulative and not exclusive.
(f) The issuance or granting of a building permit or approval of plans or specifications under the
authority of the building code shall not be deemed or construed to be a permit for or an
approval of any violation of any of the provisions of this chapter or any amendment thereto.
8.15.130. - Compliance with other laws.
Mobile home parks and camper parks shall be constructed, operated and maintained in
conformance with all applicable state and local statutes, ordinances or regulations.
8.15.140. - Fire prevention.
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ORDINANCE 2017-
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(a) Every mobile home park or camper park shall be equipped with fire extinguishers) as
determined by the Fire Chief. Fire extinguisher(s) shall be accessible to the users of
mobile home park and camper park during all operational periods. a 15 retm car -ban
.1..1— w r,.. -9-'-w..r,.........___l _ r....__..... ---- ____a , Jr--- -- �� _----------- ----- - -- ---
sueho V111V1•
(b) To minimize the possibility of interference with escape in case of fire, the permittee shall
prohibit the parking of vehicles closer than five feet from the door of any service
building, convenience establishment, twNel trailer-, mobile home or ce recreational
vehicle.
FrTTr??X§M
WON
(d) Containers for fuel to be used by mobile home, occupants shall be
connected in a leeef leak proof manner to the stoves or heaters by copper or other
metallic tubing in accordance with manufacturer recommendation. appfeved b y he
Fuel oil containers shall be securely fastened in place not less than
five feet from any exit and/or e4 least two feet &e the body of the mobile home. or- additien
.4.15.1A55 Re rr-trothinit; vehicle N T Vv:*l Iir'ai10% 0 11 L1 nirihlie iiomv- , ,inside gal` purls,-. l'rrtriper
9.I 145. — Re,,;vyi'drrerrrl vehiele-k .Friel n110111le hmne'.. mlt-,Isle +il Calaltrer P110-AN 111Jr1 ,1fobill.
l ifnl+,e
(a)
stored on a private lot in districts ,
i Note: This version also exists in one of the working documents. Do the commissioners wish to allow
any 35' camping unit in any zoning district?
City Staff (Yellow)
Cifteii recornrne;3dations (-Turquoise)
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ORDINANCE 2017-
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(b) On a construction project, a tmvel tFaileF, mobile home or eawper-recreational vehicle may
be used for temporary living or work space at the project site for a period of 90 days if a
letter application for this use is submitted by the owner or manager of the project, site or
property and is approved by authorized personnel is appfeT a by the a ty eenstr,,,,+ e
inspecter.
(c) In a mobile home, or recreational vehicle sales lot, one mobile home
or recreational vehicle, may be used as an office for sales lot
business only.
Article 2. - Permits
8.15.210. - Mobile home park and camper park annual permit required.
(a) No person may construct, operate or maintain a mobile home park or camper park without
first obtaining an annual permit in accordance with this chapter.
(b) The permit shall be issued by the city clerk after investigation and inspection by the city
�. ,n,,
-;6uilrlin,� inspector and fire chief.
(c) The annual permit, along with a copy of this chapter, shall be posted in a conspicuous
location on the premises of the mobile home park or camper park at all times.
(d) All mobile home parks, camper parks, or other trailer courts in existence in any area
annexed to the city in the future shall have ninety days subsequent to such annexation to
obtain a city permit.
(e) The city council may by ordinance restrict the total number of mobile home park permits
and camper park permits to be issued.
8.15.215. - Initial permit.
(a) An application for an annual mobile home park or camper park permit shall be submitted to
the city clerk on a form provided by the city. The application shall include the following
information:
(1) The name and pk,leml address of the mobile home park or camper park;
(2) The name and mailing address of the applicant, indicating whether operator or owner;
(3) The name and mafling address of the owner if different from the applicant.
(b) The application shall be accompanied by a dimensional site plan at a scale of one inch to 20
feet showing the following:
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CITY OF SEWARD, ALASKA
ORDINANCE 2017-
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(1) The specific layout of mobile home or camping unit
spaces setting forth the dimensions of each space;
Article 4. - Camper Parks
8.15.410. - General Provisions.
(a) Camper parks may be established to provide temporary spaces and facilities te-c-an-mpei:s for
camping units, MOtOF 1,,,.,,tra,.vailer , and -o4heneer a eweles when used for
touring, vacationing or like transient activities. No vehiele camping runt in a camper park
may remain in the park more than thirty clays.
femain 4ay�_
8.15.415. - Spacing requirements.
The requirement for spacing shall be at least ten feet clear space between camping runts
(Ord. 522, § 2 (part), 1984)
8.15.445. - Prohibitions generally.
(a) No rveFe••tien l hiele or to camping unit situated in a camper park may be offered for
rent or lease.
Cite Staff (Yellow)
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ORDINANCE 2017-
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(b) No vehicle in a camper park may be rendered immobile except by the unhitching of a
separate towing vehicle, if any. CaiiipeF- Recreational vehicles may be temporarily tied
down only as required for the safety of the vehicle and the area. Removal of wheels,
skirting, attachment of structures, or foundations or any
other act evidencing permanency of occupancy shall not be permitted.
8.15.450. - Registration required.
The owner or operator of a camper park shall maintain a register containing the name and
mailing address of each person occupying the park, a license or identification number and
description of each vehicle occupying the park and the date of each arrival and departure on a
form approved by the city. This register shall be retained for at least three years, and shall be
available for inspection by the city at any time. No person who refuses to register may be granted
occupancy in the camper park .
8.15.455. - Alaska landlord -tenant act inapplicable.
A camper park is not a mobile home park as set forth in AS 34.03.360(3). Structures and
mobile homes within the terms of AS 34.03.360(3) are not permitted in a camper park.
Article 5. — Camping —See §15 10.226
HYMN 57TEM-,
City Staff (Yellow)
o.finendations (Turquoise)
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ORDINANCE 2017-
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Article 6. - Employee Campgrounds — See §15.10.226
0e-eflafw-v :n an rettnd is
business , ..tom.. fig
- �•r:i�.i�sa.:�ia.a�e�lr.r a+a:�!ual�s ia_�vif� .aa-____.j�� ________
City Staff (Yellow)
Citizen recomme._nda#ions (Turquoise)
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ORDINANCE 2017-
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-1
Vehieles ts:-Ves-ogwr ilian t1liese being used for living aeeeniniedations shall not
be parked {
Section 4. Seward City Code Section 15.10 Planning and Land Use Regulations, Seward
Zoning Code is hereby amended to read as follows ( eo deletions, bold italics
additions):
15.10.140 - Definitions.
A. General interpretation.
B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
18. Cam rpm. A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units
as temporary living quarters for recreational or vacation purposes.
a Campground, municipal. Campgrounds owned or operated by the Cite and
designated as public campgrounds by resolution of the City Council.
h. C►►mpgrou►►d, private camper parks. A privately owned and operated campground
on any parcel, or adjacent parcels of land in the same ownership, which is used by
two or more camping units,
19. Campground, employee. An area operated by an established business with high
seasonal employment of transient workers as a housing alternative and not construed to
be a construction camp.
20. Camer nark. A privately owned and operated campground on ally parcel, or adjacent
parcels of land in the same ownership, which is used by two or more camping units.
21. Camping unit. A tent or recreational vehicle.
.2t'Land Uses Allowed
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ORDINANCE 20177_
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(a) Land Uses Allowed is incorporated herein by reference and the restrictions
onlained tfsv r�: in are mandatory unless otherwise modified by this chapter (See
(i) Ca►nping is allowed subject to the following:
(1)#e Camping for a fee shall be allowed within the city limits exeept on(in municipal
campgrounds, as defined in section 7.15, or in private camper parks operating under a
permit, as defined in section 8.15
(2) Other than permitted camper parks, camping on privately owned lots as an accessory
use to an occupied, single family home is limited to private nor -commercial rrse and for
no fee. Such occupancy shall be limited to one camping unit and shall be for recreational
or vacationing purposes only. Camping as provided in this section shall not exceed 14
dais per calendar year- Jibt`11ever a vilefillioll f�/ IN% %eeth-en 11TV Parr,rrrr 47(o' (I r 11
complaint with th- Cirb. Ch:'1°h. , ili vll1 -h volliphlila% %hall be pr°txf erl.E' rccolreled crf
immediately invest,'yriled fr_R' rh .Oidl f•t°l orl hj-4 tirralr`ne; h1
the City Manager,
U) Employee Campgrounds are allowed in accordance with table A 106222 15.10.226 of this
chapter subject to the following:
(I) Employee campgrounds are for established businesses with high seasonal employment
of transient workers, and are not to be construed as construction camps. No employee
campground may be open for more than 150 d.►ays per calendar year, and may not open
earlier than April 15, nor remain active later than September 30, except by resolution of
the city council based on specifc findings that a longer term, earlier opening date and/or
later closing date is warranted because of special circumstances.
(2) Occupancy in an employee campground is limited to the transient workers of that
industry or business granted a conditional use permit and annual permit.
(3) Garbage and refuse The requirements of section 81 S 340 shall also apply to employee
campgrounds
(4) Separate sanitary facilities shall be provided for each sex. Such facilities shall include
either permanent or portable toilets. If permanent facilities are constructed, they shall
conform to section 8.15.425(b). Shower facilities nu(p either be on -site in conformance
with section 815.425(b), or provided on the job site of the employer.
(5) The re uirements,for spacing shall be at least ten feet clear space between
units. Vehicles other titan those being used for living
an o+r,madations,s`hall rnot be parked within the campground area proper.
Table Land Uses Allowed
Ci Staff �Yellow)
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Zoning
Districts
Principally Residential
Principally Commercial
Principally
Public
Uses
RR
RI
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Campground,
municipal
UP
UP
UP
UP
Campground,
camper park,
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private
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C/P
C/P
C/P
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Campground,
employee
C/P
Section 5. This Ordinance shall take effect ten days following approval and posting.
ENACTED by the City Council of the City of Seward, Alaska, this day of
2018.
THE CITY OF SEWARD, ALASKA
David Squires, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
ON Staff (Yellow)
citizen reconirnendatic; s ;Turquoise)