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Home My WebLink AboutOrd2018-004Sponsored by: Planning and Zoning Commission Introduction Date: June 25, 2018 Public Hearing Date: July 9, 2018 Enacted: July 9, 2018 CITY OF SEWARD, ALASKA ORDINANCE 2018-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS; 15.10.215 PARKING; 15.10.220 DEVELOPMENT REQUIREMENTS; 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; AND 15.10.226 LAND USES ALLOWED TABLE WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, it's recognized that developable land within Seward is limited, and development requirements should reflect the need to allow more productive use of that limited land without degrading the quality of community life; and WHEREAS, Development Requirements are primary part of the zoning code establishing lot sizes, building setbacks and heights; and WHEREAS, at its November 7, 2017 regular meeting, the Planning and Zoning Commission discussed Development Requirements as part of that meeting agenda, and heard public comments thereon; and WHEREAS, the Planning and Zoning Commission held work sessions on November 28, 2017, January 9, 2018, March 6, 2018, and April 3, 2018 on Title 15 to further discuss Development Requirements; and WHEREAS, at its June 5, 2018 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 COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 15.10 Planning and Land Use Regulations, Seward Zoning Code is hereby amended to read as follows (Stfilethfeughs = deletions and are bold, Underline = additions and are bold italics): 15.10.140 - Definitions. A. General interpretation. CITY OF SEWARD, ALASKA ORDINANCE 2018-004 B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid -mounted or other moveable structures. 30. Dwelling. A building designed or used exclusively as living quarters for one or more families. a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing cooking independently of any other individual or family in the same building (se "Dwelfino. b. Apartment, commercial building, Commereial building apartment An apartment located within a building designed to accommodate a mix of residential and commercial uses. c. Apartment, efficiency effleieney apartment (also called accessory apartment; mother- in law, or- studio,). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single-family dwelling. d. Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. e. Apartment, studio. A small apartment less than 500 square feet with a fulll functional kitchen and bathroom. f. Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multiunit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. g. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests. h. Mobile home. A factory -built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. i. Modular home. A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human 1 1 CITY OF SEWARD, ALASKA ORDINANCE 2018-004 habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. j. Multiple -family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. k. Single-family, attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero -lot line. 1. Single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. m. Two-family or duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. n. Unit, dwellinp, unit, A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family (see "Apartment"). o. Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. 63. Open Area. Open area is any Portion of the lot not a. covered by a structure, or b. used for parking spaces and maneuvering. 15.10.215 - Parking. (a) Except in the CB and the HC districts, there shall be provided permanently maintained off- street parking for each principal business. It shall be the responsibility of the business owner to provide and maintain said off-street parking in accordance with this chapter continuously during the life of the business. (b) For each principal building or use within a principal building, there shall be no less than the number of off-street vehicle parking spaces specified under this section: Minimum Number of Parking Spaces Dwellings and Lodges Single-family and 2-family dwellings 2 parking spaces per dwelling unit Land Use CITY OF SEWARD, ALASKA ORDINANCE 2018-004 and parish houses Multiple -family dwellings and other places containing multiple dwelling units Hotels and motels Lodging, rooming and boardinghouses Dwelling, apartment efficiency Dwelling, studio apartment 15.10.220 Development requirements 2 parking spaces per dwelling unit plus `/2 space for every unit larger than 2-bedrooms or greater than 1,000 square feet in size 1 space per guest unit 1 space per guest room plus spaces for the principal dwelling unit 1 off-street parking space in addition to those required of the principal dwelling I space per dwelling unit (a) Table 15.10.22015.10.222, development requirements, is incorporated herein by reference., and the restrictions and annotations contained therein are mandatory unless otherwise modified by this chapter. (See tables at the end of this title; see also section 15.10.210.) Table 1 5�015.10.222. Development Requirements Zoning Districts Principally I principally Commercial I Principally Residential Public RR . R1 R2 R3 IURIORJACJ HC JCB I I RM INS P Maximum Lot Coverage (%) (See Notes 2G and 6, next 30 35 35 40 40 50 50 100* 100 100* 30 50 10 page) Table 15rsi .2220 15.10.222. Development Requirements Table Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the boat launch ramp, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. a. Buildable/useable area —Lot may have to be larger to have minimum buildable area available. b. In the R1, R2, R3, UR, OR, AC, and CB Districts, from the Seward Highway/Phoenix Road intersection South, to include the Bayview Subdivision, CITY OF SEWARD, ALASKA ORDINANCE 2018-004 3,000 SF and north, 6,000 SF with 30 and 60 foot minimum frontages respectively, for single-family residences. c. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right-of-way. d. In the Rl, R2, R3, UR, OR, AC and CB Districts, individual lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. e. Multi -Family developments (except studio apartments) with three or more €ew units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts require an additional 1,200 SF per unit of five or more units. f. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall be met g. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of 9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other requirements set forth in this chapter shall be met. NOTE 3. See Notes 2-D and 2-E above. NOTE 4. From Seward Highway/Phoenix Road intersection —South, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility. CITY OF SEWARD, ALASKA ORDINANCE 2018-004 Table 15.10.226 Land Uses Allowed KEY: O - Use Permitted Outright H - Home Occupation C - Use Requires Conditional Use Permit P - Use Requires Administrative Permit Blank - Use Prohibited Zoning Districts Uses Dwelling, apartment in a commercial building (limited to one unit) Dwelling, apartment in a commercial building (two or more units) Dwelling, apartment, a tcienc ffiethef inor accessory Dwellin,;, apartment, studio Dwelling, attached single-family, i.e., townhouse, row 1 Principally Residential I Principally I Principally Commercial Public EMMMERMENIMM "0000R9 X700IN M00000KE I� I� I� i� 19C C C C C C C Ic Section 2. This Ordinance shall take place ten (10) days following enactment. ENACTED by the City Council of the City of Seward, Alaska, this 9th day of July, 2018. THE CITY OF SEWARD, ALASKA �_ David Squires, Mayo CITY OF SEWARD, ALASKA ORDINANCE 2018-004 AYES: McClure, Keil, Seese, Horn, Towsley, Casagranda, Squires NOES: None ABSENT: None ABSTAIN: None t1%w13319 Brenda J. Ballou, NIMC City Clerk ••balk\/diff" (City Seal) ••.•` OF gE Iti '�" `l ^ • SEAL • a. •It r 1