HomeMy WebLinkAbout040319 PACAB Packet City of Seward
Port and Commerce Advisory
Regular Board Meeting
Seward and renewable energy
his
April 3, 2019
SEWARD PORT AND COMMERCE ��
ADVISORY BOARD '47
APRIL 3,2019 12:00 PM Council Chambers
REGULAR MEETING
Christy Terry 1. CALL TO ORDER
Chair
Term Expires 07/2019
2. PLEDGE OF ALLEGIANCE
Bruce Jaffa
Vice Chair 3. ROLL CALL
Term Expires 07/2021
Carl Hughes 4. Citizens' comments on any subject except those items
Board Member scheduled for public hearing. [Those who have signed in
Term Expires 07/2020 will be given the first opportunity to speak. Time is limited
to 2 minutes per speaker and 30 minutes total time for this
Colby Lawrence agenda item.]
Board Member
Term Expires 07/2019
5. Approval of agenda and consent agenda [Approval of
Laura Schneider Consent Agenda passes all routine items indicated by
Board Member asterisk (*). Consent Agenda items are not considered
Term Expires 07/2020 separately unless a Board Member so requests. In the
Lynda Paquette event of.such a request, the item is returned to the Regular
Board Member Agenda.]
Term Expires 07/2021
6. SPECIAL ORDERS, PRESENTATIONS AND
Erin Lemas REPORTS
Board Member
Term Expires 07/2021
A. AKRR - Christy Terry
Norm Regis B. Chamber Report - Cindy Clock
Acting City Manager C. Harbormaster Report—Norm Regis
D. Administration—Brennan Hickok
Brennan Hickok
Assistant City Manager
Norm Regis
Harbor Master
GeNeil Flaherty
Executive Liaison
City of Seward, Alaska PACAB Agenda
April 3, 2019 Page 1
7. UNFINISHED BUSINESS—
*A. Approval of the December 19, 2018 Minutes - Laydown
*B. Approval of the January 2, 2019 Minutes - Laydown
8. NEW BUSINESS
*A. Approval of the February 6 and the March 6, 2019 Minutes - Laydown
B. Recommendation to Council regarding Lowell Creek Hydro Project Concept Design.
C. Discuss Continue exploration of energy alternatives, sponsor energy fair
and/or other continuing community education, develop a Seward Renewable Energy
Plan, review Title 15 including process and procedures for alternative energy connection
to city infrastructure.
D. Discuss and set April 17th Work Session. Potential topics including but not
limited to- Housing (Utilities), Climate Action Plan or Alternative Energy item.
E. Update from Climate Action Plan Ad Hoc Committee Meeting.
9. INFORMATIONAL ITEMS AND REPORTS
A. PACAB 2019 calendar
B. City 2019 calendar
C. Title 15
10. BOARD COMMENTS
11. CITIZEN COMMENTS [5minutes per individual—Each individual has one
opportunity to speak]
12. BOARD AND ADMINISTRATIVE RESPONSE TO CITIZEN'S COMMENTS
13. ADJOURNMENT
City of Seward, Alaska PACAB Agenda
April 3, 2019 Page 2
ALASKA
RAILROAD
April 3, 2019
Port and Commerce Advisory Board Port of Seward
City of Seward TEL 907.265.2209
Report to the Port and Commerce Advisory Board
February 2019 Vessel Traffic-
• 7 large vessels including fuel and freight barges. USCG Buoy Tender Spar and long term docking
for maintenance and repairs.
Events at the Cruise Ship Terminal-
• City of Seward Archery Sessions Wednesday nights-last night tonight
• SERVS annual training April 11-14
• Marathon Wrestling practices M-TH ending mid-April (will not interfere with the above)
Other Items-
• Ramping up for summer season
• First Cruise Ship of the season is May 9th
• First Coastal Classic Train of the season is May 111h
ChristyTerry, CPE
Seward Port Manager
terryc( akrr.com
907.265.2209 office 1907.422.7071 mobile
mailing: PO Box 95, Seward, AK 99664-0095
physical: 913 Port Avenue, Seward, Alaska
web: www.AlaskaRailroad.com
ALA���A
RAILROAD
Report to PACAB APRIL 3, 2019
Seward Chamber of Commerce, CVB, Cindy Clock
New Chamber members since last report: Amanda Joy Lyon Healing — 13 Ravens Coffee House The Tufted
Puffin LLC—Twigs &Tweeds, Moose Pass Campground, Visit Sitka, Alaska Sticker Guy
= 40? members
The Chinese FAM tour that came to Seward this weekend was a big success — and because the Seward
Chamber was part of the FAM — we were invited to the Buyer's Dinner in Girdwood on Saturday evening. This
was another opportunity for Jen to promote our community to this huge emerging market.
Final Winter Weekend this spring — April 13-14, the weekend before to Easter
"Hop on Down to Seward"
r. Next Chamber Lunch, Thursday, April 11th Justin Sternberg, "The Blue Economy"
On March 14w, Justin brought Tim Dillon, KPEDD Exec Director to Seward to meet with the Alaska
Railroad, AVTEC, Seward Marine Center, City of Seward: Admin, Harbormaster, Community Planning and the
Seward Chamber. Bringing Tim into the Blue Economy effort adds another layer of support. We foresee an
"Ocean Roundtable"which would function as a think tank to identify areas for economic growth, collaboration,
and common interests —as well as bottlenecks & solutions
Seward Business Network is hosting a social media workshop with Niles James on April 10, 17 & 24th at Sea
Salt Grill & Bar beginning at 6:00 pm. Niles brings his vast experience in social media marketing to Seward
(from Hawaii). Spots still available for the workshop— call us at 224-8051.
J-The first ever Seward Seabird Festival will happen on June 22nd. The ASLC and Kenai Fjords National Park
are the leads on this event.
Planning for the June Halibut Tournament is underway— this early season event is great for the charter
fleet, lodging & dining businesses and more. New this year— a Captain's prize goes to the captain with the
most"Daily Leaders" showing consistent participation in this month-long event.
The Great Alaskan Sportsman Show at the Sullivan Arena is by far the largest Sports & Rec Show in Alaska.
This year the show runs April 4th through the 7th Kris Harris will be rested up from the Travel Adventure Show
in San Francisco this past weekend and will staff our booth with volunteers.
Event Summary
Event Summary SF/Bay Area Travel&Adventure Show
Date March 23-24, 2019
Venue Santa Clara Convention Center
Location 5001 Great America Pkwy
Santa Clara.CA 95054
Halls Halls A,B,C,D 108,000 sq ft.
Attendance Summary 2018 2019
Total Attendance 2! 22,578
Travel Trade 1,537 1,823
Travel Agents 512 567
Press 81 82
PACAB HARBOR
1. Conducted final inspection with Hamilton Construction and R&M for the Breakwater project on
3-8-2019, had a couple of more meetings finalizing the project,just a few more things to
correct.
2. The 330 ton will require a two day shut down when we pave from the lift pit to the wash-down
pad.
3. The Harbor went out to bid to pave the North Dock and travelift runway, bids are due April 18th
at 1pm,we will open bids at 130 pm on the 18`"
4. The harbor has 4 sites that will supply year round water,the end of F-float, the beginning of Z-
float, the T-dock and on the upland trestle of F-float for local citizens. (We have installed signs
for traveling vessels)
5. Conducted construction meeting with PND and Hamilton Construction on 3-26 and 4-2-2019
the concrete planks are continuing to be formed and made at Anchorage Sand and Gravel,the
contractor has started hauling and stock piling the rock and gravel for the South Harbor Launch
Ramp.The contractor has surveyed and has started the in water work.The sleeper planks and
concrete planks should start being installed April 15t according to the schedule.
6. The South Harbor Launch Ramp and B-Float fish cleaning station will remained closed for the
construction phase; the completion date is May 2019.
7. The two City manager candidates were given a quick tour of the harbor and office.
SEWARD HEAT PUMP UPDATE:
It's been about a year since I last wrote about heat pumps in Seward. Though the technology
hasn't changed, new research and performance data continues to support the market moving
from heating oil to heat pumps in Seward. In particular, mini-split heat pumps. Referred to as
Air Source Heat Pumps (ASHP) they are the most cost effective heat pump options currently
available. Not to discredit ground-source heat pumps or the SeaLife Center seawater system,
in fact I'm excited about the City's upcoming project, but few have the heating demand or
resources to consider such large scale projects. Mini-splits offer something for the rest of us.
Outdoor Unit Indoor Unit
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Think of a mini-split as a super efficient electric space heater. In fact, 250% - 300% more
efficient than the typical electric space heater. The most efficient mini-splits available have
heat outputs that may not meet the total heating demand of larger buildings during extreme low
temperatures. Additional units can be installed but the economics become less attractive. The
most cost effective strategy is usually to let a single high efficiency mini-split do as much as it
can to displace heating oil and allow the existing heating system to cover the excess heating
loads during those few very cold days a year.
I know the idea of pulling heat out of cold outdoor air to heat your home in the dead of winter is
counter intuitive to say the least. To those without a degree in thermodynamics it's simply that
magic of the refrigeration cycle that keeps my ice cream hard in the freezer and the air behind
the refrigerator warm. The heat pump technology today is much better than 20 years ago,
especially for use in colder climates.
We have lots of performance data on the SeaLife Center heat pump project in Seward, but local
performance data on mini-splits are limited to some anecdotal info from current users and the
monitoring I have done with my apartment-turned Seward Heat Pump Research Lab in winter.
I have monitored three different heat pumps for efficiency throughout a heating season. One
older air to water system and two newer high end mini-splits. I'm not ready to say which unit is
the best or worst, I will say this: The Gov't rating system called the Heating System
Performance Factor (HSPF) lacks credibility in my opinion for measuring the seasonal efficiency
of heat pumps in cold climates. The 30 some year old test standard is obsolete. The problem is
testing the efficiency of a mini-split in the field is no easy task. The efficiencies change with
outdoor temperatures and the load, such that different climate locations and building sizes will
vary the seasonal efficiency of the same unit. Throw in a few hundred brands and countless
models and you get the idea. So far I've looked at two different large mini-split manufacturers
using the same space and monitoring equipment. That is certainly unique for most heat pump
studies, but it's only one data point. I'm not done though, there's always next winter.
Alaska and national research done to date support that heat pumps work. They work in our
milder coastal climate and in the extreme cold of our arctic. In cases where electric rates are
modest in relation to heating oil costs, like Seward, a heat pump is about 1/3 less expensive to
heat with than oil heat. Let's do some quick math:
• It takes 11 kWh of electricity for an efficient mini-split to equal the heat output of 1 gallon
of heating oil. At 17 cents per kWh = $1.87 per gallon heat equivalent. That's about a
buck per gallon savings for the same amount of heat using a heat pump.
• A typical Seward home can save 500 gallons a year or$500 a year savings with the
mini-split. NOTE: for those heating with electric space heat or propane, the savings are
way better.
• Our city owned electric utility will sell an additional 11 kWh for each gallon of oil saved.
• Assuming 8 cents per kWh profit= $440/yr additional profit to our utility to help pay to
maintain our grid and keep the lights on for everyone.
• Each gallon of heating oil displaced with a heat pump in Seward = 10 lbs of CO2 saved
from being released into our environment. (More renewables = more CO2 saved)
Here's what 2000 mini-splits Installed in Seward will do annually:
• 1 million gallons of oil displaced
• 1 million dollars saved by owners
• 880,000 dollars profit to our utility (almost a million)
• 10 million pounds of CO2 not produced (carbon credits? )
Multiply that by the 14 year typical lifespan of a mini-split the numbers become really huge.
A new Alaska heat pump calculator is available at heatpump.cf It's pretty simple. Takes into
account updated energy costs and historical weather data for each community in Alaska. Add a
few inputs regarding the size of your building and use and the online software calculates a
detailed economic analysis for your application. The calculator relies mainly on the field
research efficiency results for estimating savings and not the bloated manufacturer claims.
Give it a try, its free.
We now have a locally grown and cortifiod rofrigoration tooh horo is Soward to holp install and
maintain your heat pump. Double D Services (907-422-7657)
My question is how many millions of gallons of oil are we going to burn, the CO2 generated, and
dollars lost before we make the switch to a cheaper cleaner heating alternative? Utilities
across the country offer rebates and low interest loans to promote heat pumps as they benefit
all their customers. Purchasing a heat pump is no free lunch. Our Seward City Council should
consider it's options.
Phil Kaluza, mostly-retired building science specialist
Contact Info: pkaluza@gmail.com (907-360-6337)
Homer Electric Association Requirements For The
Interconnection of Member-Owned Alternative Power Installations
This document states the minimum requirements to ensure the safe and reliable
operation of Member-owned alternative power interconnected generating facilities (25
kW or smaller in size — hereafter "Interconnection(s)") that will be eligible to be
connected and operated in parallel with the Homer Electric Association Inc. (HEA)utility
system. Member-owned generating facilities that are fueled by: (a) wind; (b) solar
energy; (c) geothermal energy; (d) landfill gas; (e) wave or tidal action; (f) gas produced
during the treatment of wastewater; (g)hydropower; or(h)biomass energy based on solid
organic fuels from wood or field residues or dedicated energy crops that do not include
wood pieces that have been treated with chemical preservatives, are eligible to become
interconnected.
Interconnections shall not be fueled by nor connected to any non-qualified
alternative energy sources.
1. Consumer Information. In order to proceed with an Interconnection,the
Member must complete an Application for a New/Rework of Electrical Service and an
Interconnection Application. The Member shall also provide equipment specifications,
protection arrangements and design drawings to HEA for review.
2. Compliance with Codes and Standards. Interconnection customers shall
comply with all applicable local, state and federal codes such as building codes,National
Electric Code (NEC), and National Electrical Safety Code (NESC) for the installation of
an interconnection. Once operating,HEA reserves the right to require the Member, at the
Member's expense, to provide corrections, modifications, or additions to the
Interconnection as required or recommended by government or industry regulations and
standards. HEA will provide written documentation of the necessary changes and a time
frame to complete. If the Member fails to comply with the changes in the specified time
frame,HEA will open and lock the Interconnection.
3. Placement of Member-owned Interconnection. To maintain the existing HEA
distribution system's power quality and reliability, only one Interconnection per
distribution transformer will be authorized. This requirement may be waived by HEA
when HEA, in its sole discretion,deems it appropriate under the circumstances.
4. Power Quality and Reliability. The Interconnection with the HEA utility
system shall not cause any reduction in the quality and reliability of service provided to
other HEA Members. There shall be no generation of abnormal voltages or voltage
fluctuations, and the harmonic content of the Interconnection output must be below that
level which would cause interference with other Member loads, other utilities, or HEA
facilities and equipment.
To minimize interference, HEA requires the Interconnection to meet the power quality
standards presented in accordance with Section 10, Recommended Practices for
Individual Consumers of the latest Institute of Electrical and Electronics Engineers
(IEEE) Standard 519, IEEE Recommended Practices and Requirements for
Harmonic Control in Electrical Power Systems. In addition to meeting all
requirements identified in this document, the Interconnection shall comply with HEA's
Rules and Regulations, and latest IEEE 1547, IEEE Standard Conformance Test
Procedures for Equipment Interconnecting Distributed Resources with Electric
Power Systems.
5. Testing. Prior to initial energization of the Interconnection, an inspection
and/or tests will be performed by both the interconnecting Member and HEA personnel.
The purpose of the inspection and testing will be to determine if the generator and related
equipment of the Interconnection meets the minimum requirements described by IEEE
1547, IEEE 519, and UL 1741, Underwriter Laboratories Inc., Standard for
Inverters, Converters, and Interconnection System Equipment for Use With
Distributed Energy Resources. Based on the inspection,HEA may elect to accept the
installation and energize the Interconnection. In the event that discrepancies are noted
between the certified equipment and drawings previously provided to HEA and the
Member's system inspected by HEA, re-testing may be required. The Member shall be
solely responsible for all costs associated with any re-testing.
6. Association Inspection and Member Maintenance Records. The Member shall
maintain the Interconnection in good working order. The Interconnection (i.e., generator
and associated equipment) is subject to inspection and re-testing by HEA upon
reasonable notice each year after the unit is placed in service. The Member will assume
full responsibility for the routine maintenance of the Interconnection and associated
protective devices. The Member shall maintain accurate records of all maintenance
activities performed. These records shall record the date and time, the person(s) who
performed the activities, and a brief description of the work. These records shall be made
available to HEA for inspection at all times upon reasonable notice to the Member.
Failure to comply may result in the disconnection of the equipment or additional testing
as outlined in #5 above. The Member is solely responsible for all costs associated with
any inspections required.
7. Visible, Lockable Disconnect Switch. An accessible, visible, lockable
disconnect switch is to be provided by the Member which is lockable in the open position
only. This switch must be appropriately labeled, when locked in the open position for
any of the following conditions, may be unlocked only by HEA operating personnel.
HEA will lock the switch in the open position under the following circumstances:
(a) If it is necessary for the protection of line crew personnel when working
on de-energized circuits during a system emergency;
(b) If inspection of the Interconnection reveals a hazardous condition or a
lack of proper maintenance;
(c) If the Interconnection interferes with other Members, other utilities, or
with the operation of HEA's distribution system;
(d) If HEA determines that the Interconnection has generated power from a
non-qualified alternative energy resource; or
(e) For general maintenance of HEA's distribution system
HEA will provide reasonable notice, as determined at HEA' sole discretion, before
locking the switch open for general maintenance as provided in condition (e)above.
8. Metering/Billing. HEA shall install and maintain a kilowatt-hour meter,
or meters at the Interconnection, capable of registering the bi-directional flow of
electricity at the Point of Interconnection at a level of accuracy that meets all applicable
standards, regulations, and statutes. The meter(s) may measure such parameters as time
of delivery, power factor, voltage and such other parameters as HEA shall specify in its
sole discretion. The Member shall provide space for metering equipment as specified by
HEA with the location of the meter(s) to be approved by HEA. The Member is solely
responsible for all costs associated with the purchase, installation, and maintenance of all
equipment required by HEA in order to properly meter the Interconnection.
All energy a Member receives from HEA is purchased by the Member at the applicable
HEA tariff rate found in HEA's Rules and Regulations. When a Member's
Interconnection delivers energy to HEA, HEA's purchase price of the energy is
documented in Schedule 9 of those regulations.
9.Nominal Voltages and Phasing. The generator nameplate voltage should be the
same as one of the nominal voltages supplied by HEA. The nominal voltages are
120/240 V single-phase, 120/208 V three-phase, and 277/480 V three-phase. If the
generator nameplate voltage is different from HEA's nominal voltages,the Member must
supply a dedicated generator transformer that will provide the required nominal voltage.
The required transformer connection, unless otherwise specified, is grounded wye-
grounded wye.
10. Fault Current Increase and Upgrading Equipment. In general, installation of a
new generator will increase the fault current level at the Member's electrical facility.
This may require upgrading some of the Member's equipment. The Member will assume
full responsibility of upgrading Member's own equipment.
11. Starting as Induction Motor. In general, induction generators start as motors;
also, synchronous generators may be designed to start as motors. The Member-owned
generator starting as a motor shall meet the motor starting requirements prescribed by
HEA. HEA may require the Member to provide, at Member's own expense, special or
additional starting equipment.
12. Generating Facility Grounding. There are additional safety concerns that shall
be addressed when considering circuit grounding of the Interconnection interconnected to
HEA's utility system. To ensure proper grounding of the generating facility,the Member
shall follow all applicable national, state, and local codes regarding grounding for
applicable generating installations.
fcC AS$
R�
14-Al Application for Interconnection of
Alternative Power Generation
A Tout.I tcni Iaxergy (1 l .'r.Itivt
Member Name: Member Number:
Federal Tax ID No. or Social Security No.:
Contact Person:
Address:
City: State: Zip Code:
Phone: Fax: E-mail Address:
Alternate Contact Phone:
Location of Proposed Project(legal description):
Wind Turbine:
Wind Turbine Manufacturer: Model No.:
Rated Power Output, Watts: at m.p.h Wind Speed.
Inverter Manufacturer: Model No.:
UL 1741 "Utility Interactive" Listed: ❑Yes ❑No
IEEE 1547 Compliant: n Yes ❑No
Solar PV Type:
Quantity of Solar Panels: x Nominal Rating Watts (each) = Total Wattage
Solar Panel Manufacturer: Model No.:
Type of Array Mounting: ❑ Fixed ❑Tracking
Inverter Manufacturer: Model No.:
UL 1741 "Utility Interactive" Listed: ❑Yes ❑No
IEEE 1547 Compliant: ❑Yes ❑No
HEA Form ft0037 1 TA 310-32 May 1,2010
Other Qualified Alternative Energy Generator:
Describe:
Member Signature: Date:
Title:
Please direct all inquiries and return this application to the Engineering Department at Homer
Electric Association, Inc. before purchasing and installing a Alternative Power Generator:
Homer Electric Association, Inc.
280 Airport Way Phone: 907-283-2307
Kenai AK 99611 Web Site: www.homerelectric.com
For HEA Use Only
Member #:
Approved by: Date:
Title:
HEA Form#0037 2 TA 310-32 May 1,2010
PACAB Goals Calendar 2019
Meeting Schedule Regular Meeting Work session
REGULAR MEETING SUGGESTED AGENDA ITEMS
January 2 • Review and discuss RES 2019-01 PACAB priorities
• Review and discuss RES 2019-02 Seward Rate Study
.January 22 • Joint work session with P&Z commission- SMIC dev req and zoning
February 6 • Presentation by Justin Sternberg, Seward Blue Pipeline Manager
• Discuss Commercial Fishing Trawler Fleet impact on Seward
• Discuss the follow up direction from the January 22 joint work session
with P &Z
• Discuss the Anchorage Climate Action Plan
February 20 • Discuss and set 2019 PACAB priorities and meeting schedule
March 6 • Fishing Trawler Fleet
• Seward Airport
March 6 • Alternative Energy work session with City Council—discussing the Andy
Baker Lowell Canyon Generation Results
\larch 20 • Work Session topic TBD as needed
April 3 • Vessel Property Tax
• Continue exploration of energy alternatives, sponsor energy fair and/or other
continuing community education, develop a Seward Renewable Energy Plan,
review Title 15 including process and procedures for alternative energy
connection to city infrastructure.
• Community Development Quota(CDQ)update
April 17 • Review utility infrastructure for future growth and development/Rate Study
• Housing
• Climate Action Plan
May 1 • Vessel Property Tax
• Continue exploration of energy alternatives, sponsor energy fair and/or other
continuing community education, develop a Seward Renewable Energy Plan,
review Title 15 including process and procedures for alternative energy
connection to city infrastructure.
• Community Development Quota(CDQ) update?
• Review utility infrastructure for future growth and development/Rate Study
• Housing
�1 r� 15
` • Climate Action Plan
REGULAR MEETING SUGGESTED AGENDA ITEMS
JUNE to end of August • HIATUS - MEET AS NEEDED
September 4 • Legislative Priorities
• Budget Review
The meetings for this
month have been
switched. • Housing
• Review utility infrastructure for future growth and development/Rate Study
September 18 update
October 2 • Discuss sending a Board Member to AML
• Review SMIC development and tariff
• Budget
• Prioritize City, State and Federal Priorities for Port & Commerce Initiatives
October 16
• Review SMIC development and tariff
November 6 • Review utility infrastructure for future growth and development/Rate Study
November 27 Work Session topic TBD as needed
December 4 • Approve Resolution for PACAB priorities (2020)
December 18 Work Session topic TBD as needed
April 2019 May 2019
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TITLE 15-PLANNING AND LAND USE REGULATIONS
Chapter 15.01.-General Provisions
15.01.010-Authority,purpose;intent.
(a) Authority.In accordance with the provisions of AS 29.40.010(b),and Kenai Peninsula Borough Code of Ordinances 21.01.020 A.
and 21.01.025,this title is enacted for the regulation of land uses within the City.
(b) Purpose.It is the purpose of this title to promote public health,safety and general welfare by providing for planning and land
use regulations within the City.
(c) Intent.It is the intent of this title to:
(1) Provide for orderly development of the community;
(2) Promote safety and public order;
(3) Protect the public health and general welfare of the citizens of the community;and
(4) Stimulate systematic development of transportation systems,public utilities,schools,parks and other public facilities.
(Ord.626,§3,1989)
15.01.015-Administrative official.
The City Manager or his designee is hereby named as the administrative official(hereinafter referred to as"administrative official")
relating to all actions taken by the Seward planning and zoning commission.The City Manager or his designee shall be responsible for:
(1) Interpreting and enforcing this title;
(2) Maintaining records of all activity related to this title;and
(3) Processing appeals consistent with this title.
(Ord.626,§3, 1989)
15.01.020-Planning and zoning commission.
The Seward planning and zoning commission(hereinafter referred to as"commission")as established in section 2.30.210 is the body
created to assist in the interpretation of this title.
(Ord.626,§3, 1989)
15.01.025-Board of adjustment.
The City Council is declared to be the board of adjustment,which shall hear and decide appeals consistent with this title.
(Ord.626,§3, 1989)
15.01.030-Official maps.
(a) Management.Official land use and zoning maps of the City shall be maintained by the City and made available for public
review.Each map is adopted by reference and declared to be part of this title in the exact form as it existed in April 1988,with
all subsequent amendments adopted by the City Council.These official maps shall be the final authority as to the current land
use and zoning status of land and water areas,buildings and other structures in the City.
(b) Lost or damaged. If an official map is lost or damaged,any significant parts thereof remaining after partial destruction shall be
preserved,and the City Council shall by ordinance adopt a new map which shall be consistent with and supersede the old map.
(c) Adoption.Official maps shall bear the adoption date and shall be signed by the City Clerk.Amendments and the date thereof
shall be immediately added to the official maps.
(d) ChanggNo changes of any nature shall be made to the official maps except in conformity with the procedures set forth in this
title.Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this title and
punishable as provided in this title.
(e) Interpretation.Where uncertainty exists as to the boundaries of land use designations and zoning districts shown on the
official maps,the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of streets,highways,or alleys shall be construed to
follow such lines;
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(3) Boundaries indicated as approximately following City limits or section lines shall be construed as following City limits or
section lines;
(4) Boundaries indicated as following shorelines shall be construed to follow such shorelines.Boundaries indicated as
approximately following the centerlines of streams,rivers,lakes or other bodies of water shall be construed to follow such
centerlines;
(5) Boundaries indicated as parallel to or extensions of features indicated in subsections(1)through(4)above,shall be so
construed.Distances not specifically indicated on the official maps shall be determined by the scale of the map;
(6) Where physical or cultural features existing on the ground are at variance with those shown on the official maps,or in
other questions of map interpretation not covered by subsections(1)through(5)above,the board of adjustment shall
interpret the applicable boundaries;and
(7) Boundaries indicated as intersecting the shoreline of Resurrection Bay are considered to continue in a cardinal direction
to the center of the bay or an intersecting line,making the tidal and bay map designation the same as the adjoining
upland designation.
(Ord.626,§3,1989;Ord.649,§1, 1991;Ord.95-17;Ord.96-01;Ord.99-14,§3, 1999)
15.01.035-Amendments.
(a) Generally_Whenever the public necessity,convenience or general welfare requires,the City Council may,under the procedure
set forth in this section and by ordinance,amend or repeal these regulations or change zoning and land use district
boundaries.
(b) Initiation.
(1) Changes in this title may be initiated by the following means:
a. By the City Council on its own motion;
b. By the commission on its own motion;
c. By petition of a majority of the property owners in the area to be amended;
d. By petition bearing the signatures of 50 registered voters within the City;or
e. By petition as provided by the home rule charter of the City.
(2) A proposed amendment which is substantially the same as any other proposed amendment submitted within the
previous nine months and which was not approved shall not be considered.
(3) Except for an ordinance altering the boundaries of existing,contiguous zoning districts or an ordinance which brings a
parcel into conformance with the land use plan,no ordinance altering zoning within the City shall be considered if the
area encompassed by the proposed ordinance contains less than one acre,not including street or alley rights-of-way.
(4) I he amendment request shall include the name and address of the applicant,a map showing the area involved,the
present and proposed land use designation,the reason for the proposed change,the appropriate application fee as set
by City Council resolution and other pertinent information requested by the City.
(c) Amendment procedure.
(1) A completed application,as described in this section,shall be submitted to the administrative official.The administrative
official shall schedule a public hearing pursuant to the provision of section 15.01.040.
(2) The commission shall hold a public hearing in accordance with the requirements of this chapter.
(3) The commission shall,upon public hearing,forward its written recommendation to the City Council,along with all certified
•
minutes and public records relating to the proposed amendment.
(4) The City Council,in accordance with the provisions of the City code,may or may not adopt the amendment as a City
ordinance.
(5) A copy of all proposed and adopted amendments to the land use plan shall be submitted to the Kenai Peninsula Borough
planning commission for information.
(Ord.626,§3, 1989)
15.01.040-Public hearings.
(a) Puhlic hearings as required by this title shall comply with the notice requirements as contained herein.
(1) Procedures.
a. Notice of the public hearing shall be published at least twice in a newspaper of general circulation within the City.
The notice shall be published during each of the two calendar weeks prior to the public hearing date.
b. The notice shall contain at least the following information:a brief description of the proposal on which the public
body is to act;a legal or common description of the property involved;date,time and place of the public hearing;
person and place to contact for more detailed information.
c. Decorum of the body holding the hearing shall prevail.
(2) Neighboring_pr4p�tr y owners notification.A copy of the public hearing notice shall be mailed to the applicant and to real
property owners of record on the Kenai Peninsula Borough assessor records within a 300-foot periphery of the parcel
affected by the proposed action.This notice shall be mailed not less than ten days prior to the date of the hearing.When
a public hearing is to be held regarding an amendment involving a change in text or major district boundary changes,no
notification of neighboring property owners shall be required,but notices shall be mailed to affected property owners and
displayed in at least three public places.
(3) Public posting.The applicant shall post the property subject to the application with public notices as provided by the City
at least ten days before the date of the required public hearing.Such notices shall be placed so as to be visible from each
improved street adjacent to the property.The applicant is responsible for removing the posted notices within five days
after the hearing is completed.Failure to properly post notices is grounds for deferral or denial of the application.No one
except the applicant,an agent of the applicant,or the City shall remove or tamper with any such required posted notice
during the period it is required to be maintained under this paragraph.
(4) Proof of posting. Before the public hearing,the applicant shall submit to the City an affidavit signed by the person who
posted the notice or caused the posting to be done that the notice was posted as required by this section.
(Ord.626,§3,1989; Ord.97-01)
15.01.045-Fees.
Fees,established by City Council resolution,will defray a significant portion of the administration costs associated with processing
applications for action covered by this title.Whether an application is granted or denied,the petitioner or applicant shall not be entitled to the
return of the fee paid.
(Ord.626,§3,1989)
15.01.050-Enforcement and penalties.
(a) Procedures for abating violations,
(1) When a violation is discovered,the administrative official shall notify in writing,via mail or personal delivery with proof of
receipt or by notice posted at the site of the violation,the person responsible for or the owner of the property upon which
said violation occurs.The notice shall specify the violation and order abatement within a reasonable period of time,to be
no longer than 90 days.Interpretation and abatement action of all purported violations known to the administrative
official shall be presented to the commission at its next regular meeting.
(2) If a violation is not corrected within the aforementioned reasonable time,the City Manager shall notify the City attorney,
who may initiate action to abate the violation,including the filing of criminal charges as necessary.
(b) Penalties.See chapter 1.05 violations and penalties.
(Ord.626,§3, 1989;Ord.99-16,§1, 1999)
15.01.055-Severability.
In the event any portion,section,subsection,clause,sentence,or phrase of this title is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of
• this title.
(Ord.626,§3,1989)
Chapter 15.05.-Land Use Planning
15.05.010-Seward Comprehensive Plan.
From time to time, upon recommendation of the City Council,the Kenai Peninsula Borough assembly shall by ordinance modify,adopt
and implement the Seward Comprehensive Plan.The plan is a public declaration of policies reflecting community goals as expressed by
citizens,and is meant to guide the actions of elected officials in setting forth the goals,objectives,and policies governing the future
development within the City.
(Ord.626,§3, 1989)
15.05.015-Incorporation of additional documents.
For the purposes of this title the following documents as initially enacted and thereafter amended are adopted by reference as part of the
Seward Comprehensive Plan:
(1) Seward Airport Land Use and Development Plan(Dec. 1985).
(2) Emergency Preparedness Plan(May 1986).
(3) Plan of Action—Seward Fire Department(May 1986).
(4) Seward Small Boat Harbor Uplands Management Plan(Nov.1983).
(5) Seward Marine Industrial Center Development Plan(Jan.1995).
(6) Seward Boat Harbor Master Plan(March 1993).
(7) Municipal Lands Management Plan(May 1995).
(Ord.626,§3, 1989;Ord.95-17,§2)
15.05.020-Land use plan—Purpose.
A part of the comprehensive plan is the development of a land use classification system on which to base zoning and to guide the land
use regulation system.Such a classification system should provide a balanced,compatible land use mix,in order to separate incompatible
uses and minimize conflict between land uses.
(Ord.626,§3,1989)
15.05.025-Land use districts—Established,definitions.
(a) Established.The City is hereby divided into land use districts which shall be bounded and defined as shown on the official land
use map.This official map,together with all explanatory matter thereon,as exhibited at the time of public hearing,is hereby
adopted by reference and declared to be a part of this chapter.
(b) Definitions—Purpose.
(1) Rural residential district(RR) Intended to provide for stable,quiet,low density(one or two dwelling units per acre)detached
residential development,free from other uses except those which are both compatible and convenient to residents of such
including recreational,religious and educational facilities of an appropriate scale and design complementary to the neighbor
(2) single-family residential district(81)_Intended to provide for stable and quiet low to medium density(one to five dwelling
units per acre)detached,single-family residential development,free from other uses except those which are both
compatible and convenient to residents of such a district.
(3) Two-family residential district(R2)_Medium density(one to seven dwelling units per acre)transitional housing area with a
mix of single and two-family units,free from other uses except those which are both compatible and convenient to
residents of such a district.
(4) Multi-family residential district(R3)_Intended to provide opportunities for a higher density residential setting with a mix of
housing units which are predominately multi-family units close to concentrations of public services,employment and/or
recreation.This district may provide a transition between more intensive districts and lower density residential areas if
sufficient screening and design features are provided to protect multi-family residences from undesirable effects.
(5) Urban residential district(UR)_Intended to allow an area of higher density mixed residential uses from detached single-
family housing to multi-family apartments in conjunction with compatible low impact professional office uses in the area
surrounding the downtown business district.
(6) Office/residential district(OR)_Intended to provide for medium density residential,commercial and office development
designed to act as a transition zone between the high density central business district and surrounding medium-high
density residential districts.
(7) Harbor commercial district() Provides an area for water-dependent or water-related uses with particular emphasis on
transportation,tourist,recreational,commercial or industrial enterprises which derive major economic or social benefit
from a harbor location.
(8) Auto commercial district(AC)_Intended to provide areas to accommodate highway-oriented commercial activities such as
offices,certain institutional uses,and limited personal services and retail uses requiring substantial outdoor activity,
traffic and parking,and which also serve the offices and nearby residential areas,and which do not materially detract
from nearby residential areas.
(9) Central business district(CBDLProvides for an area of convenient,attractive,concentrated commercial development
primarily intended for retail,financial,entertainment and professional services occurring within enclosed structures.
Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are
mutually beneficial and located close enough together to encourage walk-in trade.
(10) Industrial district(I)Established as a district in which the principal use of land is for business,manufacturing,processing,
fabricating,repair,assembly,storage,wholesaling and distributing operations,which may create some nuisance and
which are not properly associated nor compatible with residential land uses.It is intended to provide environmental
safeguards for people employed in or visiting the district.Some visual amenity is expected in this district to make it
compatible with adjoining residential or business districts.
(11) Institutional district(INS)_Public and private educational,administrative,government and health care uses, including
public land reserve for future public development.The development standards are intended to set a high standard to
assure that the activities provide visual amenity to the surrounding area.
(12) Parks district(P)Js intended to designate park,recreation and commemorative property owned by the City,state or
federal governments for recreation and other compatible public purposes.
(13) Resource management district(RMLLands which are generally undeveloped and cannot be precisely zoned due to
inadequate information on the extension of public services and utilities;the suitability of the land to support commercial,
residential,industrial or public uses;and other possible environmental consideration.
(Ord.626,§3,1989:Ord.649,§2,1991)
Chapter 15.10.-Seward Zoning Code
Article 1.-General Provisions
15.10.110-Title.
This chapter shall be known and cited as the"Seward Zoning Code."The provisions of this chapter are applicable to all lands within the
municipal limits of the City.
(Ord.626,§3,1989)
15.10.115-Purpose.
This chapter is adopted in order to:
1. Protect the public health,safety and general welfare of the community's residents;
2. Promote fire safety and public order;
3. Provide adequate open spaces for aesthetics,light,air and to prevent and fight fires;
4. Provide safe,aesthetic surroundings and living conditions;
5. Prevent undue traffic congestion;
6. Conserve and stabilize the value of property;
7. Prevent undue concentrations of population;
8. Provide for orderly and stable public,residential,commercial and industrial development;
9. Facilitate systematic development of adequate public improvements and services such as transportation,utilities,schools,
parks and other public facilities;
10. Determine the most appropriate use of land in accordance with the comprehensive plan;
11. Implement the comprehensive plan for the City;and
12. Provide a method of administration and to prescribe means of enforcement of the provisions of this title.
(Ord.626,§3,1989;Ord.97-08)
15.10.120-Applicability of regulations.
Except as hereinafter provided,all land and structures within the City shall be constructed,used,occupied or altered in conformance with
the requirements of the zoning district in which they are located.The regulations set by this chapter within each zone shall be minimum
regulations and shall apply uniformly to private and public property,and to each class or kind of structure or land,except as hereinafter
provided.All lots,structures,and uses within the corporate limits of the City shall conform to the applicable district purposes as defined in this
chapter and shall conform to applicable district regulations as enumerated in Tables 15.10.220 and 15.10.225.
(Ord.626,§3,1989)
15.10.125-Permitted uses.
(a) The express enumeration and authorization of a particular class of building,structure,premises,or use in a designated zone
shall be deemed a prohibition of such building,structure,premises,or use in all other zones unless otherwise specified.
(b) In cases of reasonable doubt as to whether a use is permitted in a specific zone,the guidelines established for conditional uses
in section 15.10.320 shall apply.
(Ord.626,§3, 1989)
15.10.130-Unlisted uses.
(a) Unlisted uses may be allowed within a district upon written decision by the commission provided that each unlisted use meets
all of the following conditions:
(1) The use is not specifically permitted in any other district;
(2) The use is not more appropriate in another district;and
(3) The use is consistent with the purpose of the district in question,and is similar to other uses permitted outright.
(Ord.626,§3,1989)
15.10.135-Conflicts between codes.
Whenever there is a conflict within this chapter or with other ordinances pertaining to regulation of property within the City,the most
restrictive regulation shall apply.
(Ord.626,§3,1989;Ord.94-10;Ord.99-16,§3, 1999)
15.10.140-Definitions.
(a) General interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word"person"includes a corporation as well as an individual.
(4) The word"lot"includes the word"plot"or"parcel."
(5) The term"shall"is always mandatory.
(6) The word"used"or"occupied"as applied to any land or building shall be construed to include the words"intended,"
"arranged,"or"designed to be used or occupied."
(b) Specific definitions.(Parenthetical references are for cross-reference only.)In this chapter,unless otherwise provided or the
context otherwise requires:
(1) Accessory building_A detached structure that:
a. Is clearly incidental to and customarily found in connection with a principal building or use;
b. Is subordinate to and serves a principal building or use;
c. Is subordinate in area,extent or purpose to the principal building or use served;
d. Contributes to the comfort,convenience or necessity of occupants,business or industry in the principal building or
use served;and
e. Is located on the same or adjacent lot under the same ownership as the principal building or use served.
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.
(Accessory or mother-in-law apartment.See Dwelling,Efficiency apartment)
(2) Agriculture.Commercial farming,dairying,pasturage,horticulture,floriculture,viticulture,or animal and poultry
husbandry including buildings used to shelter farm implements,hay,grain,poultry,livestock or other farm produce in
which there is no human habitation and which is not used by the public.
(3) Airport.A place where aircraft can land and take off,usually equipped with hangars,facilities for refueling and repair,
various accommodations for passengers,and business lease sites.
(4) Alley_A dedicated public way which affords a secondary means of access to abutting property and not intended for
general traffic circulation.
(5) Alteration.Any change,addition or modification in the construction,location or use of a building.
(6) Amusement and recreation facility Establishment engaged primarily in providing entertainment for a fee including such
activities as bowling alleys,billiards and pool,dance hall,pinball machines,video games or other similar player-operated
amusement devices.
(7) Antenna.A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital
based structures.Includes satellite dish.
(Apartment.See Dwelling)
(8) Auto repair station.A place where a qualified automotive mechanic provides services such as general motor vehicle and
engine repair,reconditioning or rebuilding,and collision service including body,frame and fender straightening and
repair,painting and undercoating of motor vehicles.
(9) Auto service station.A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries
and other accessories and services which do not customarily or usually require the services of a qualified automotive
mechanic.Also known as a gas station.
(Bed and breakfast.See Lodging)
(Boarding or roomingSee Lodging)
(10) Brewpub.An establishment that is primarily an eating place which includes the brewing of beer as an accessory use.
(11) Building.Any structure built for the support,shelter or enclosure of persons,animals,chattels or property of any kind.
(12) Building area.A total area taken on a horizontal plane at the main grade level of the principal building and all accessory
buildings,exclusive of external steps.
(13) Building,existing_A building erected prior to the adoption of this Code or one for which a legal building permit has been
issued.
(14) Building height.The vertical distance above a reference datum measured to the highest point of the coping of a flat roof
or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.The
reference datum,which must be between the building and the property line or in a dedicated public right-of-way that is
accessible to fire suppression personnel and rescue equipment,shall be selected by either of the following,whichever
yields the greater height of the building:
a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the
exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest
grade;or
b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection a.,
above is more than ten feet above the lowest grade.The height of a stepped or terraced building is the maximum
height of any segment of the building.
(15) Building,_principal or main.A building in which is conducted the principal or main use of the lot on which the building is
situated.Attached garages,porches and carports shall be considered to be part of the principal building.
(Bunkhouse.See Housing)
(16) Business,-general sales.A premises where the sale of goods or commodities to the consumer takes place;i.e.,groceries;
bakeries;hobby,knot or yarn shops,book,gift or apparel shops;fishing equipment,hardware or vehicle sales;
restaurants;vehicle rentals or variety stores.
(17) Business,_personal service.The conduct of business where personal assistance is offered for compensation;i.e.,
dressmaking,tailoring,barbers and beauty,etc.
(18) Campground.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 City and designated as public campgrounds by
resolution of the City Council.
b. Campground,_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.
c. 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.
(19) Camper park.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.
(20) Camping unit.A tent or recreational vehicle.
(21) Child care,licensed home.In accordance with Alaska Statutes,a private residence where adult care,protection and
• supervision is provided for children other than the occupant's.Also called day care,nursery school,preschool and
kindergarten.
(22) Church,A building,structure or group of buildings or structures primarily intended for conducting organized religious
services and associated accessory uses.The definition of a church shall be dependent upon U.S. Internal Revenue Service
and the Kenai Peninsula Borough Assessor's Office interpretation.A standard single-family residence not remodeled for
public meetings shall not be considered a church.
(23) Clinic.A building or portion thereof containing offices and facilities for providing out-patient medical,dental or psychiatric
services,and which may include a dispensary to handle medication and other merchandise prescribed by physicians in
connection with their medical practice.
(24) Club,_private.A building and related facilities owned or operated by a corporation,association or group of individuals
established for the fraternal,social,educational,recreational or cultural enrichment of its members,but not primarily for
profit,and whose members meet certain prescribed qualifications for membership and pay dues.Includes lodges.
(25) Cluster subdivision.A development design technique that permits a reduction in lot area provided there is no increase in
the number of lots permitted under a conventional subdivision or increase in overall density of development by
concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation,common open
space and preservation of environmentally sensitive areas.
(Commercial building apartment.See Dwelling)
(26) Commercial use.An occupation,employment or enterprise that is carried on for profit by the owner,lessee or licensee.
(Condominium.See Dwelling)
(Convalescent or nursing home.See Housing)
(27) Convenience store.A small-scale neighborhood grocery establishment offering for sale prepackaged food products,
household items and other goods commonly associated with the same and having a gross floor area of less than 5,000
square feet.
(Dormitory.See Housing)
(28) Drinking establishment.Any premises wherein the principal purpose is the retail sale of alcoholic beverages for
consumption on the premises and minors are excluded therefrom by law.Includes bar,cocktail lounge,tavern and
nightclub.
(29) Drive-in facility.Any portion of a building or structure which by design permits customers to receive services,obtain goods
or be entertained while remaining in their motor vehicles.
(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 his own cooking independently of any
other individual or family in the same building.
b. Apartment,commercial buildingapartment located within a building designed to accommodate a mix of
residential and commercial uses.
c. Apartment,efficiency(also called accessory apartment).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 fully 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 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.
I. 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,dwelling 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.
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.
(31) Family.Any number of individuals not necessarily related by blood,marriage,adoption or guardianship living together in
a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house,club,fraternity
house or hotel.
(32) Farm animal.Any cow,horse,mule,goat,sheep,pig,chicken,or other similar animal commonly kept as livestock.
(33) Flea market.An occasional or periodic sales activity held within a building or open area where groups of individual sellers
offer goods,new and used,for sale to the public,not to include private garage sales.
(34) Floor area,useable.That area used for or intended to be used for the sale of merchandise or services or as leasable office
space as measured from the interior surfaces of the walls enclosing that part of the building.Such floor area which is used
or intended to be used for the storage or processing of merchandise,hallway or for utilities or sanitary facilities is
excluded from this computation of useable floor area.
(35) Fractions.In the determination of density,required parking spaces or other requirements of this Code,computations
resulting in a fractional number of 0.50 or above shall be considered the next larger whole number.
(36) Garage,_ riv An accessory building or portion of a main building designed or used solely for storage of motor vehicles,
boats and similar vehicles owned by the occupants of the building to which it is accessory.
(37) Greenhouse,commercial.A light permeating structure used for cultivating and growing plants in a controlled temperature
and humidity environment where such plants are offered for sale either on the premises or at another location.
(Group care home.See Housing)
(Guest house.See Dwelling)
(38) Guide service.Any premises used for collecting or returning persons from recreation trips when remuneration is provided
for the service.
(Halfway house.See Housing)
(39) Health club.Includes,but is not limited to,gymnasiums(except public),private clubs(athletic,health or recreational),
reducing salons and weight control establishments.
(40) Historic district.An area containing buildings or places in which historic events occurred or having special public value
because of notable architectural or other features relating to the cultural or artistic heritage of the community of such
significance as to warrant conservation and preservation.
(41) Home occupation.Any use customarily conducted entirely within a dwelling,or its accessory building,and carried on by
the occupants thereof,which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does
not change the character thereof,and in connection with which there is no exterior sign,no display or stock in trade,no
outside storage of materials or equipment,no commodity sold upon the premises and not more than two persons are
engaged in such occupation.
(42) Home professional office.A home occupation consisting of the office of a practitioner of a recognized profession.
(Hostel.See Lodging)
(Hotel.See Lodging)
(43) Housing,Structures providing housing for groups of people,such as students,employees or nursing home residents.
a. Bunkhouse.A building used as living quarters for people such as cannery workers or construction laborers where
shower and sanitary facilities are shared and in which there are no individual cooking facilities.
b. Convalescent or nursing home.A structure with sleeping rooms where persons are housed or lodged and are
furnished with meals,nursing and medical care.
c. Dormitory_A building used as residential group living quarters for a student body or religious order as an associated
use to a school,orphanage or other similar institutional use,and does not include kitchen facilities except a group
kitchen facility to serve all residents.
d. Group care home.A dwelling shared by no more than five disabled persons,plus resident staff,who live together as
a single housekeeping unit and in a long-term,family-like environment in which staff persons provide care,
education and participation in community activities for the residents with the primary goal of enabling residents to
live as independently as possible in order to reach their maximum potential.The term"group care home"shall not
include alcoholism or drug treatment centers,work release facilities for convicts or ex-convicts or other housing
facilities serving as an alternative to incarceration.
e. Halfway house.A licensed home for inmates on release from more restrictive custodial confinement,or initially
placed in lieu of more restrictive custodial confinement,wherein supervision,rehabilitation and counseling are
provided to mainstream residents back into society,enabling them to live independently.Such placement is
pursuant to the authority of the Alaska Department of Corrections.
(44) Junk.Dismantled or wrecked automobiles,aircraft,motor vehicles or machinery,mobile homes,trailers,watercraft,used
appliances or furniture,scrap building materials, metals,rubber,paper,plastic or other scrap materials.
(45) Kennel.Any enclosure,building,shelter,area or establishment used for the purpose of breeding,buying,selling,keeping
or boarding five or more dogs over the age of four months,whether for profit,pleasure,or as pets,by any person,
individual,corporation,group of people or business entity. Does not include an animal shelter.
(46) Livestock.Generally accepted large(over 250 pounds)and small(under 250 pounds)outdoor farm animals(i.e.,cows,
goats,horses,pigs,barnyard fowl,etc.).Does not include cats,dogs and other common household pets.
(47) Loading.space.A space located on premises for pickup and delivery at the premises. Required off-street loading space
shall not be included as an off-street parking space.
(48) Lodging.The renting out of a dwelling,or portion thereof,to provide overnight sleeping accommodations for a period of
less than 30 consecutive days.The use includes the providing of meals to overnight guests only.This use includes bed and
breakfast,but does not include motel,hotel or hostel.
a. Bed and breakfast.An owner occupied and operated single-family residential dwelling where lodging with a meal is
provided for compensation on a short-term basis.The term does not include boardinghouses and separate
apartments which are leased on a month-to-month or longer basis.
b. Boarding or rooming_An owner occupied building which has not more than five rooms available for rent or lease on
other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or
dining facilities are provided in the individual rooms.Meals may be regularly prepared and served for compensation
at a table,family-style,without service or ordering of individual portions from a menu.The term includes lodging
house or rooming house but does not include separate apartments with individual kitchen and bath facilities.
c. Hostel.A building,or portion thereof,in which temporary or overnight lodging is provided for hikers,cyclists or other tr
traveling by car.
d. Hotel.A facility with six or more guest rooms and on-premises management offering transient lodging
accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance
and which may provide food,entertainment,meeting rooms,recreational facilities or various personal services.
Includes lodges and inns.
e. Motel.A building,or group of detached or connected buildings,having six or more guest rooms,an on-premises
manager and parking conveniently located on the premises,which are designed primarily to offer sleeping
accommodations,with or without meals,to the motoring public on a daily rate.Includes designations such as motor
lodges,auto courts,tourist courts and similar terms.
(49) Lot.A parcel of land of at least sufficient size to meet minimum zoning requirements for use,coverage and area and to
provide such yards and other open spaces as are herein required.Such lot shall have frontage or access on a public street
or on an approved private street and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record,or complete lots of record and portions of lots of record,or portions of
lots of record;or
d. A parcel of land described by metes and bounds,provided that in no case of division or combination shall any
residual lot or parcel be created which does not meet the requirements of this chapter and that,in the case of
multiple lots or portions thereof,the property be replatted to eliminate interior lot lines.
A. Lot area.The total horizontal area within the lot lines of a lot,exclusive of streets and alleys.
B. Lot,buildable or useable area.That portion of a lot that a prudent person would use to construct a building and
provide required parking.This excludes lakes and rivers,creeks,cliffs,marshes and other similar natural
obstacles to development with the property counting toward minimum required size.
C. Lot,corner.A lot situated at the intersection of two or more streets having an angle of intersection of not more
than 135 degrees.
D. Lot coverag..The area of a site covered by building or roofed areas,including covered porches,decks and
accessory buildings,but excluding allowed projecting eaves.
E. Lot depth.The horizontal distance between the front and rear lot lines measured on the longitudinal centerline.
F. lot,interior.A lot other than a corner lot.
G. Lot line,front. In the case of an interior lot,a line separating the lot from the street.In the case of a corner lot,
the owner may choose which street he shall designate as the front of the lot.Once the choice of frontage has
been made,it cannot be changed unless all requirements for yard space are met.
H. Lot line,rear.A line opposite and most distant from the front lot line and,in the case of irregular or triangular
shaped lots,a line not less than ten feet in length within the lot,parallel to and at the maximum distance from
the front lot line.
I. Lot line,side.Lot boundary not a front lot line or a rear lot line.
J. Lot line,zero.The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed
with a common party wall providing a proper fire wall rating.All other aspects are the same as in conventional
development.
K. Lot width.The average horizontal distance separating side lot lines of a lot and at right angles to its depth.
(50) Lumberyard.An establishment that sells sawn timber and other building materials typically stored on the premises.
(51) Manufacturing,heave A use engaged in the basic processing and manufacturing of materials or products predominately
from extracted or raw materials;or a use engaged in storage of or manufacturing processes using flammable or explosive
materials;or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive
conditions.
(52) Manufacturing,light.A use engaged in the manufacture,predominantly from previously prepared material,of finished
products or parts,including processing,fabrication,assembly,treatment,packaging,incidental storage,sales and
distribution of such products,but excluding basic industrial processing.
(53) Marijuana. Marijuana means"marijuana"as that term is defined in Alaska Statute 17.38.900 and any amendments
thereto.
(54) Marijuana establishment.Marijuana establishment means a marijuana cultivation facility,a marijuana testing facility,a
marijuana product manufacturing facility,or a retail marijuana store as those terms are defined in AS 17.38.900 and any
amendments thereto.
a. Marijuana cultivation facility_Marijuana cultivation facility means an entity registered to cultivate,prepare,and
package marijuana and to sell marijuana to retail marijuana stores,to marijuana product manufacturing facilities,
and to other marijuana cultivation facilities,but not to consumers.
1. Limited marijuana cultivation tacility_A limited marijuana cultivation facility has the privileges set forth at 3 AAL
305.405(a)and(b),and is subject to the prohibitions at 3 MC 306.405(c),except that it must have fewer than
500 square feet under cultivation.
b. Marijuana product manufacturing facility_Marijuana product manufacturing facility means an entity registered to
purchase marijuana;manufacture,prepare,and package marijuana products;and sell marijuana and marijuana
products to other marijuana product manufacturing facilities and to retail marijuana stores,but not to consumers.
c. Marijuana testingiatty.,Marijuana testing facility means an entity registered to analyze and certify the safety and
potency of marijuana.
d. Retail marijuana store.Retail marijuana store means an entity registered to purchase marijuana from marijuana
cultivation facilities,to purchase marijuana and marijuana products from marijuana product manufacturing facilities,
and to sell marijuana and marijuana products to consumers.
(55) Marijuana products.Marijuana products means concentrated marijuana products and marijuana products that are
comprised of marijuana and other ingredients and are intended for use or consumption,such as,but not limited to,
edible products,ointments,and tinctures.
(56) Marina.A facility for storing,servicing,fueling,berthing and securing and launching of boats that may include the sale of
fuel and incidental supplies for the boat owners and guests.Also includes harbor.
(Mobile home.See Dwelling)
(57) Mobile home park.A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are
located or for which space is leased or held out for lease or use on a month-to-month or longer basis.This does not
include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to
mean tourist facilities for parking of travel trailers,motor homes or campers.
(58) Mobile medical unit.A trailer,motorized coach or van capable of being transported from place to place,containing
medical equipment such as a CT scanner,MRI or similarly complex medical diagnostic device or decontamination
equipment.
(Modular home.See Dwelling)
(Motel.See Lodging)
(Multiple-family.See Dwelling)
(59) Nonconforming building.Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it
and which does not conform to all of the use,height and density regulations of the zone in which it is located.
(60) Nonconforming use.A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that
does not conform to the use provisions of the zoning district in which it is located.
(61) Noxious use.A use which is injurious or harmful to health,highly disagreeable or offensive.
(62) Office.A building or portion of a building wherein services are performed involving predominantly administrative,
professional or clerical operations;i.e.,travel,insurance,employment,utility,public service or government agencies.
(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.
(64) Owner.Any individual,firm,association,syndicate,partnership,corporation,trust or any other legal entity having
sufficient proprietary interest in the land,including the attorney or agent thereof.
(65) Park.Any public land available for recreational,educational,cultural or aesthetic use.
(66) Parking area.A structure or an open area,other than a street,alley or other right-of-way,on which vehicle parking spaces
are defined,designated or otherwise identified and available,whether free or for compensation,for use by the public,
clients,tenants,customers,employees or owners of the property for which the parking area is required by ordinance
(67) Parking requirements as stated in terms of employees.The maximum number of employees who will be at the site at one
time on either a single shift or an overlap of shifts.
(68) Parkinglpace,off-street.A designated area sufficient in size to accommodate one motor vehicle,exclusive of
maneuvering room,designed with adequate independent access to,but located off,any street,alley or other right-of-way.
(69) Parking,valet,Attendant parking provided as a service to patrons of commercial establishments.
(70) Peddler.A person who,with no fixed place of business,goes from house to house,place to place,or from store to store
transporting goods,wares or merchandise for sale or offering or exposing the same for sale or making sales and
delivering articles to purchasers.(See Transient merchant and Vending,Street.)
(71) Planned unit development.A land development under unified control that is planned and constructed in its entirety as a
single development operation or in a series of programmed stages.The development may include streets,circulation
ways,utilities,residences,commercial buildings,open spaces and other site features and improvements some of which
may not otherwise be individually permitted.
(72) Profession.An occupation or calling requiring the practice of a learned art through specialized knowledge,training,
experience or a degree issued by an institute of higher learning;i.e.,doctor of medicine,lawyer,engineer or real estate
broker.
(73) Professional office.The office of a member of a recognized profession maintained for the conduct of that profession.
(74) Recreational,indoor commercial.A facility accommodating such indoor recreation activities as skating rinks,bowling lanes
or shooting/archery ranges.
(75) Recreational,outdoor public.Outdoor recreation facilities such as sports fields,ice rinks,playing fields or miniature golf.
(76) Recreational vehicle.A vehicle used or intended to be used as transient living or sleeping quarters for humans 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 and similar vehicles.
(77) Recreational vehicle(RV)_park.Any parcel of land upon which two or more recreational vehicle sites are located,
established or maintained for commercial occupancy by recreational vehicles of the general public as temporary living
quarters for recreation or vacation purposes. Includes trailer park and camper park.
(78) Recycling center.A building in which used material is separated and processed prior to shipment to others who will use
those materials to manufacture new products.
(79) Recyg collection point.An incidental use serving as a neighborhood drop-off point for temporary storage of
recoverable resources.No processing of such items would be allowed.This facility would generally be located in a
shopping center parking lot or in other public/quasi-public areas such as churches and schools,as opposed to being
allowed on residential or vacant lots.
(80) Repair service,household/appliance.A business establishment where repairs are made to appliances and furniture.
(81) Residence,A home,abode or place where an individual is actually living at a specific point in time.
(82) Resource extraction.Commercial or industrial operations involving the removal of nonrenewable natural resources such
as ore,topsoil,sand,gravel,rock,gas,oil or any operations having similar characteristics.Said use includes the use of
heavy equipment such as loaders,dozers,backhoes and crushers.
(83) Restaurant.An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-
consume state and whose principal method of operation includes one or both of the following characteristics:
a. Customers,normally provided with an individual menu,are served their foods and beverages by a restaurant
employee at the same table or counter at which the food and beverages are consumed;and/or
b. A cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
(84) Restaurant,fast-food.An establishment whose principal business is the sale of quickly prepared,ready-to-eat food and/or
beverages for consumption within the restaurant building,within a motor vehicle parked on the premises,or off the
premises as carry-out orders,and whose principal method of operation includes the following characteristics:orders are
generally taken at a main counter or drive-up window and food and/or beverages are usually served in disposable
wrapping or containers.This includes drive-in and carry-out restaurants.
(85) Right-of-way.An area or strip of public land which incorporates or is intended to be occupied by,but not limited to,
streets,alleys,sidewalks,bike paths,curbs,gutters,landscaping and/or public utilities.
(86) Salvageyard(auto wrecking,scrap,.junkLAny area used for the storage,keeping or abandonment of junk or waste
material,including scrap metal or other scrap materials,or for the dismantling,demolition or abandonment of
automobiles,machinery, other vehicles or parts thereof.
(87) School.Any public,religious or nonprofit facility providing a general curriculum of academic or vocational instruction
serving any or all grades between kindergarten and twelfth grade.
(88) School,commercial.A facility providing commercial instruction in such activities as music,dance,arts,crafts and sailing.
(89) School,adult vocational.A facility providing a general curriculum of adult academic or vocational instruction.
(90) Setback.The required minimum distance from a right-of-way or lot line that establishes the area within which only
fencing,landscaping,driveways,parking and similar uses are permitted.Any structure including,but not limited to,decks,
stairways,porches or other attachments to a building are specifically prohibited in the setback.Building eaves are
permitted to extend into the setback a maximum of two feet.
(91) Shopping center.A single complex which provides a combination of retail establishments designed in such a manner as to
provide convenience for shoppers with common parking facilities.Includes mall.
(Single-family,attached.See Dwelling)
( Ingle-family.,detached.See Dwelling)
(92) Solid waste facility_A disposal site employing an engineering method for disposing of solid wastes in a manner that
minimizes environmental hazards.Includes landfill,compactor,transfer,etc.
(93) Storage_A structure or designated area that provides space for storing.
a. Container.An accessory storage use consisting of containers such as semi-tractor vans,shipping containers and
conex containers originally designed to transport goods and materials via highway,rail,air or sea,which are placed
on a parcel of land and used for covered storage provided that all wheel assemblies have been removed,and the
unit is located outside any setbacks.Containers,whether temporary or permanent,are considered a structure and
must comply with current adopted building codes. Railroad box cars are excluded except in the industrial zone.(See
Accessory Use/Building,Building,and Structure)
b. Outdoor.The commercial keeping,in an unroofed area and usually enclosed by a fence,of any goods,junk,material,
merchandise or vehicles in the same place for an extended period of time.In the harbor commercial area,the use is
limited to the storage of boats only.
c. Self-service.A building or group of buildings consisting of individual,small,self-contained units that are leased or
owned for storage of business and household goods or contractors'supplies.Includes mini warehouses.
d. Warehouse and distribution.A building used primarily for the storage and/or distribution of goods,products,
materials,supplies and equipment,but excluding bulk storage of materials that are flammable or explosive or that
create hazardous or commonly recognized offensive conditions.
(94) Street.A dedicated public way which affords the principal means of access to abutting property,such as an avenue,place,
drive,boulevard,highway or other similar public thoroughfare,except an alley as defined herein.
(95) Structure.Anything constructed or erected on the ground or attached to something having location on the ground,
including,but not limited to,buildings,towers,and sheds. Fences,retaining walls less than three feet in height,signs and
similar improvements of a minor character are excluded.
(96) Surface,durable. Means brick,flag-type stone,gravel,cement,or asphalt.
(97) Temporary structure.A structure without any foundation or footings as allowed by the adopted building code which must •
be completely removed from the parcel when the temporary permit for the structure/use expires.
(98) Trailer.A structure standing on wheels,towed or hauled by another vehicle and used for carrying materials,goods or
objects or as a temporary office or business.
(99) Transient merchant.Any person,partnership,firm or corporation,whether a resident of the City or not,who engages in a
temporary business,within a period not exceeding 150 consecutive days in a calendar year,of selling and delivering
goods and/or services,wares and merchandise for profit or nonprofit within the City by operating on a door-to-door,
street corner or similar basis;or from no fixed location or office;or from a location out-of-doors or in quarters that are
easily moveable,such as a temporary leased area or space,motor vehicle,trailer or tent.Includes peddlers,solicitors,
itinerant merchants and vendors.Does not include vehicles for hire.
(Two-family or duplex.See Dwelling)
(Unit,dwelling unit.See Dwelling)
(100) Utility,public facility.An installation owned by an agency under public franchise or ownership,or under certificate of
convenience and necessity,providing the public with electriCity,gas,heat,steam,communication,water,sewage
collection or other similar service.
(101) Vehicle,motor.A self-propelled device used for transportation of people or goods over land surfaces and licensed as a
motor vehicle.
(102) Vending_The sale of food,services or merchandise.
a. Hawkingjs the loud or continuous audible solicitation of business by a vendor to the general public.
b. Mobile vending cart.Is a non-motorized structure or unit on wheels that is easily moved and used for vending.
c. Mobile vendor.A person or business that sells food or permitted types of goods from City-approved locations using
(i)a licensed vehicle or cart capable of movement;or(ii)a licensed trailer pulled behind a motor vehicle.
d. Pre-packaged food. Ready-to-eat food that is cooked,wrapped,packaged,processed,or portioned for service,sale
or distribution.
e. Roving vendor.A person who offers only pre-packaged food items to the public,with or without the use of a licensed
motor vehicle,from no fixed location on public property,only on rights of way within designated zoning districts,
excluding Fourth Avenue between Port Avenue and Van Buren Street,and also excluding Fourth and Fifth Avenues
between Jefferson Street and Railway Avenue.
f. Transient merchant.Any person,partnership,firm or corporation,whether a resident of the City or not,who
engages in a temporary business,within a period not exceeding 150 consecutive days in a calendar year,of selling
and delivering goods and/or services,wares and merchandise for profit or nonprofit within the City by operating
from a location out-of-doors or in quarters that are easily moveable,such as a temporary leased area or space,or
motor vehicle,trailer or tent.Includes peddlers,solicitors,itinerant merchants and vendors.Does not include
vehicles for hire.Transient merchants operate exclusively from private property.(Note:Transient merchant
definition relocated.Previously 15.10.140.B.95.)
(103) Veterinary hospital.A facility,which may include animal runs,in which veterinary services are rendered to animals and
domestic pets and which may include clipping,bathing,boarding and other services.Includes veterinary clinic.
(Watchman or caretaker dwelling_See Dwelling)
(104) Water-dependent.A use or activity which can be carried out only on,in or adjacent to water areas because the use
requires access to the water body for water-borne transportation,recreation,energy,production or source of water.
(105) Water-related.Uses which are not directly dependent upon access to a water body but which provide goods or services
that are directly associated with water-dependent land or waterway use and which,if not located adjacent to water,would
result in a public loss of the quality of goods or services offered.
(106) Yard.A required open space on the same lot with a main building,unoccupied or unobstructed from the ground upward,
except as otherwise provided in this chapter.
a. Front.The area extending across the full width of a lot,measured between the front lot line and the nearest exterior
• wall of the building,front of a bay window or the front of a covered porch or other similar projection,whichever is
the nearest to the front lot line.
b. Rear.A yard extending across the full width of the lot between the most rear extension of the main building and the
rear lot line.The depth of the required rear yard shall be measured horizontally from the point of the rear lot line
nearest to the main building. In cases of double frontages and corner lots,there are no rear yards,only front and
side yards.
c. Side.A yard between a main building and side lot line,extending from the front yard to the rear yard.The width of
the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest
part of the main building.
(107) Zero-lot line.The location of a building on a lot in such a manner that one or more of the building's sides rests directly on
a lot line.
(Ord.626,§3, 1989;Ord.633,§ 1, 1990;Ord.92-02;Ord.92-14;Ord.93-05;Ord.94-26;Ord.95-07;Ord.95-17;Ord.96-05;Ord.97-12;Ord.
98-02;Ord.98-06;Ord.98-09;Ord.99-01;Ord.99-10;Ord.99-16,§3, 1999;Ord.2003-09;Ord.No.2010-005,§1,10-11-2010;Ord.No.2011-
004,§1,5-29-2012;Ord.No.2014-002,§1,4-28-2014;Ord. No.2014-004,§1,5-27-2014;Ord.No.2015-001,§1,2-23-2015;Ord. No.2016-
005,§3,6-27-2016;Ord. No.2018-002,§4;Ord.No.2018-004,§1)
Article 2.-District Regulations
15.10.210-Adoption of zones.
(a) The City is hereby divided into zones,whose definition and purpose are identical to those in section 15.05.025(b),which shall
be bounded and defined as shown on the official zoning map.The official zoning map,together with all explanatory matter
thereon,as exhibited at the time of public hearing,is hereby adopted by reference and declared to be a part of this chapter.
(b) Undesignated,annexed lands. Property which has not been specifically included within a zone and lands which may hereafter
be annexed to the City shall be classified rural residential until such classification is changed by amendment to the zoning
ordinance as provided by section 15.01.035.
(Ord.626,§3,1989;Ord.649,§§3,4,1991)
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:
Land Use Minimum Number of Parking Spaces
Dwellings and Lodges
Single-family and 2-family dwellings and parish houses 2 parking spaces per dwelling unit
Multiple-family dwellings and other places containing 2 parking spaces per dwelling unit plus Y2 space for every
multiple dwelling units unit larger than 2-bedrooms or greater than 1,000 square
feet in size
Hotels and motels 1 space per guest unit
Lodging, rooming and boardinghouses 1 space per guest room plus spaces for the principal
dwelling unit
Dwelling,apartment efficiency 1 off-street parking space in addition to those required of
the principal dwelling
Dwelling, studio apartment I space per dwelling unit
Institutions and Public Uses
Churches,auditoriums,sports arenas,funeral chapels, 1 space for each 4 seats maximum capaCity
theaters and other places of public assembly
Multi-family dwelling, institutional 1 space per unit
Hospitals,group care homes, long term care facilities and 1 space per 2 beds at maximum capaCity plus 1 space for
other healthcare facilities each employee on duty
Dormitories/Bunkhouses 1 space per 4 residents at maximum capaCity
Public libraries, museums and art galleries; post offices; 1 space per 1,000 square feet of gross floor area
community/senior centers
Primary and secondary public and private schools 1 parking space for every 4 seats in the main auditorium or
assembly room,or 3 parking spaces for every classroom
plus 1 parking space for each staff member or employee,
whichever is greater
Post-secondary,vocational and music schools;dance studios Yz parking space for each instructor and Y2 space for each
and colleges student, based upon maximum student capaCity at one time
Day care, nurseries and kindergartens Y2 space for each staff member and employee plus 1 space
for each 1,000 square feet of gross floor area
Offices
Office buildings(public and private), professional center, 1 parking space for each 500 square feet of gross office floor
financial institutions and other similar uses area, but not less than 2 spaces
Office(medical or dental) Two spaces per treatment room and one for each doctor,
dentist, hygienist or other professional practitioner on site.
Entertainment and Services
Skating rink,youth hall,fraternal and civic club,assembly 1 parking space for each 100 square feet of gross floor area
hall and other similar uses without fixed seats
Eating and drinking establishment 1 parking space per 200 square feet of gross floor area,or
one for each 4 seats,whichever is greater
Bowling alley 4 parking spaces for each alley plus 1 for each employee on
duty
Commercial
Food store,shopping center and mall 1 parking space for each 300 square feet of gross floor area
but not less than 6 spaces
Barber, beauty and other personal services shop 1 parking space per 100 square feet of gross floor area
Retail store or service business 1 parking space for each 300 square feet of gross floor area
Service or repair shop; retail store handling exclusively bulky 1 parking space for each 400 square feet of gross floor area
merchandise such as machinery,furniture,wholesale stores,
appliances,carpet,showrooms,etc.
1 Motor vehicle sales and service establishment 1 parking space for each 400 square feet of gross sales floor
area plus 4 spaces for each auto service stall
Laundry and dry cleaning establishment 1 parking space for each 500 square feet of gross floor area,
or 1 parking space for each 4 coin-operated washing
machines,dryers or dry cleaning machines,whichever is
greater
Gasoline service station 1 parking space for each 2 gas pumps plus 2 spaces for each
grease rack,wash rack and stall for servicing vehicles
Industrial
Industrial, processing, manufacturing and assembling 1 parking space for each 500 square feet of gross floor area
except that office space shall provide parking space as
required for offices
Warehousing,storage and wholesale business 1 parking space for each 1500 square feet of gross floor
area, but not less than 3 spaces
Marine Related Uses
Harbor or marina 1 parking space for every 2 established boat stalls or
equivalent berths based on an average boat length of 40
feet and, if a launch ramp is included,a minimum of 20%of
the spaces will be long enough to accommodate vehicles
with boat trailers
Day cruise, charter boat operators licensed for 20 or more 1 parking space per 4 people maximum capacity
people
(c) Unlisted uses.The requirements for off-street parking facilities for uses not specifically mentioned in this section shall be the
same as the above-mentioned use which,in the opinion of the administrative official,is most similar to the use not specifically
mentioned.
(d) Minimum dimensions of off-street spaces and aisles.The minimum dimensions of spaces and aisles shall be as follows:
(1) Parking spaces shall be at least 9 feet wide and 18 feet long.
(2) The minimum width of traffic aisles providing access to parking lot spaces shall be:
Angle of Parking One-Way Two-Way
(degrees) (feet) (feet)
Parallel 12 20
•
30 14 21
45 16 22
60 18 23
90 20 24
(e) Location.Subject to(1)and(2)of this subsection,all required parking shall be located on the lot occupied by the principal use
served,or on a lot abutting the lot occupied by the principal use.
(1) Required parking may be provided on a lot that is not occupied or abutting the principal use,provided that(i)there is a
pedestrian route not longer than 600 feet to the lot occupied by the principal use,or(ii)access is provided by a scheduled
shuttle service or a valet parking attendant.
(2) Required parking may be located on a lot not occupied by the principal use served only if(i)parking is a permitted or
conditional use in the zoning district for the lot,and(ii)the lot is made subject to a recorded agreement among its owner,
the owner of the lot occupied by the principal use and the City that the required parking will be maintained for the benefit
of the principal use served for the life of that use.
(f) Site plan.A site plan showing all parking areas shall accompany all applications for building permits.Said plan shall show
dimensions of spaces,curb cuts and other information necessary to determine compliance with the provisions of this section.
The administrative official shall approve or reject the site plan on the basis of compliance with the requirements of this section.
No building permit shall be issued until the parking site plan is approved.
(g) Street access.All off-street vehicle parking facilities shall be designed with appropriate means of access to street,alley or other
right-of-way,and will have adequate maneuvering area.No driveway or curb cuts in any district shall be less than 12 feet or
more than 35 feet in width.Detailed plans for all curb cuts shall be submitted to the administrative official for approval before
a building permit is issued.
(h) Parking lots.Every lot or parcel of land used as a public or private parking area shall be developed as follows,subject to the
approval of the plans by the administrative official:
(1) Lighting of all parking areas shall be arranged to reflect away from adjacent residential areas and all public streets and
highways;
• (2) All parking spaces and lots shall be durably surfaced,free of mud and standing water,and be dust free;
(3) Where such area adjoins the side of a lot in any residential district,it shall be separated from such lot by a fence or hedge
not less than 4 feet or more than 6 feet in height.Such fence or hedge shall be maintained in good condition and shall not
extend beyond front yard lines required in such residential district;
(4) All parking(except that serving single-family and duplex residences)shall be so arranged that ingress and egress are
possible without backing over a sidewalk,sidewalk area,or onto a street of collector or larger designation;and
(5) Turning and maneuvering space(except that which services single-family and duplex residences)shall be located entirely
on private property,provided that the usable portion of an alley may be credited as aisle space subject to safety approval
by the City engineer.
(i) Dual use of lots.Two or more buildings or uses may collectively provide the required off-street parking,in which case the
required number of parking spaces shall not be less than the sum of the requirements for the several individual uses
computed separately. In the instance of dual function of off-street parking where operating hours of uses do not overlap,the
planning and zoning commission may,by conditional use permit,reduce the required parking to any amount that meets the
requirements of each use.
(j) Computation of numbers of spaces.In figuring the total parking requirements for a use,any fraction of Y or more shall require
one more space.
(k) Reduction of spaces.No existing parking area and no parking area provided for the purpose of complying with the provisions
of this section shall,after adoption of the ordinance codified in this chapter,be relinquished or reduced in any manner below
the requirements of this section.
(I) Uses of parking areas.Required parking areas and spaces shall not be used for sales display,storage, repair work or any other
purposes other than parking.All vehicles in custody of an operator of a business for service,repair,storage,sale,or other
purpose shall be stored on the premises or on a separate vehicle parking lot and shall not be parked on a public right-of-way.
(m) Location on property_Parking spaces shall be permitted in any required yard area provided that within the residential districts
no parking space shall be permitted within five feet of any side property line.
(n) Intersection with public street.At the intersection of any private drive or entrance or exit for a common parking area with a
public street,no fence,wall, hedge,or other planting or structure forming a material impediment to visibility between a height
of 21/2 feet and eight feet shall be erected,planted,placed or maintained,and no vehicle so impeding visibility shall be parked
within triangular area defined by lines connecting points as follows:
Beginning at the point where the midline of the private drive or entrance or exit for a common parking area intersects the
public right-of-way to a point 35 feet along the right-of-way line in the direction of the nearer lane of approaching traffic,
thence to a point 25 feet toward the interior of the property along the previously described midline,and thence to point
of beginning.
(o) Accessible parking requirements.All parking shall comply with the Americans with Disabilities Act.
(p) Group use of lots.Where more than one tenant or use is included within any one building or on any one lot,the parking
requirements shall be the sum total of the parking requirements for all of the various tenants or uses provided,however,that:
(1) The aggregation of tenants or uses shall meet all the requirements within the definition of"shopping center"in order to
become entitled to utilize the parking ratio specified in section 15.10.215(b).
(2) Where a hotel or motel has other principal uses such as restaurants,bar and meeting rooms located on its premises,the
principal use requiring the greatest amount of parking shall provide 100 percent of the required parking spaces and the
other uses shall provide, in addition,at least 70 percent of the parking spaces which would be required if these were
stand-alone uses.
(3) Where a convenience store includes a self-service gas station,the required parking shall be determined by the parking
ratio specified in section 15.10.215(b).No additional parking spaces will be required for gasoline service station.
(Ord.626,§3, 1989;Ord.93-06;Ord.94-17;Ord.96-02;Ord.96-13;Ord.98-06;Ord.98-09,§2;Ord.No.99-13,§ 1, 1999;Ord.99-16,§4, 1999;
Ord.No.2006-007,§ 1,9-7-2006;Ord.No.2013-001,§ 1,1-28-2013;Ord.No.2018-004,§ 1)
15.10.220-Development requirements.
(a) Table 15.10.222,development requirements,is incorporated herein by reference and the restrictions and annotations contained 1
mandatory unless otherwise modified by this chapter.(See table at the end of this section;see also section 15.10.210.)
(b) Building}]gjgbLThe purpose of building height standards is to prevent loss of life or excessive property damage through the
inability of the City fire department to reach upper stories or roofs and to help maintain the character of neighborhoods.
(c) Setbacks—Yards.
(1) Setbacks are required to insure sufficient open area for snow accumulation,sunlight,views,privacy,fire separation and
visual relief between structures.
(2) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter
shall be considered as providing a yard or open space for any other building,and no yard or open space on one lot shall
be considered as providing a yard or open space on any other lot.
(3) No yard or lot shall be reduced in size or area below the minimum requirements set forth herein.Yards or lots created
after December 5, 1978 shall meet at least the minimum requirements established by this chapter.
(4) In cases of corner lots with multiple frontages,the administrative official shall designate the front yard,and all other
frontages shall be designated as a side to a street.
(5) All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent lots,structures,
fences,or other property.
(Ord.99-10,§3;Ord.No.2018-004,§1)
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR Rural,very low density single-family residential
R1 Single-family,low density residential
R2 Single and two-family, medium density residential
R3 Single,two and multi-family, high density residential
UR Urban residential, a mix of residential uses and low impact home professional offices
OR Office residential
= I
AC Auto and neighborhood oriented, light commercial
HC Harbor commercial
i
_
•
CB Central business district-dense downtown commercial
= Industrial
RM Resource management-partially developable lands subject to floodplains and steep slopes
INS Institutional, public,quasi-public uses
P= Parks
Table 15.10.222.Development Requirements
� I
Zoning Principally Residential Principally Commercial Principally Public
Districts
RR R1 R2 R3 UR OR AC HC CB I RM INS P
Maximum 34 34 34 34 34 34 34 Varies 34 34 34 34 34
Building 26 or
Height(ft.) 34*
(See Note
1, next
page)
Minimum 20,000 Varies Varies Varies Varies Varies Varies None Varies 10,000 20,000 None None
Buildable 3,000 3,000 3,000 3,000 3,000 6,000 3,000
Lot Size to to to to to to to
(sq.ft.) 7,000* 7,000* 9,000* 9,000* 9,000* 9,000* 9,000*
(See Notes
2 and 7,
next page)
Minimum 100 Varies Varies Varies Varies Varies 60 or 30 Varies 100 100 None None
Lot Width 30 to 30 to 30 to 30 to 30 to 90* 30 to
(ft.)(See 60* 60* 90* 90* 90* 90*
Notes 3
and 7, next
page)
Minimum 20 20 20 20 20 20 10 None None 20 20 20 20
Front Yard
Setback
(ft.)(See
Note 7,
next page)
except
Leirer and
Tract C-1
below
Minimum 20 20 20 20 20 20 10 None None 10 20 20 20
Front Yard
Setback
(ft.)for
Leirer
Industrial
Subdivision
and Alaska
Skill Center
Tract C-1
only.(See
Note 7,
next page)
Minimum 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20
Side Yard min. min.
Setback with with
(ft.)(See 15 15
Notes 4 total* total*
and 7, next
page)
Minimum 10 10 10 10 10 10 10 None None 20 10 10 20
Side Yard
Setback
Adjacent to
Street(ft.)
(See Note
7, next
page)
Minimum 10 10 10 10 10 10 10 None, j None 10 10 15 20
Rear Yard 5 and
Setback 10*
(ft.)(See
Notes 5
and 7, next
page)
Maximum 20 20 20 20 20 20 20 20 34 34 20 34 20
Accessory
Building
Height(ft.)
Maximum 30 35 35 40 40 50 50 100* 100 100* 30 50 10
Lot
Coverage
(%)(See
Notes 2G
and 6, next
page)
Table 15.10.222.Development Requirements—Table Notes
NOTE 1.Within the HC District,in the area bounded by Fourth Avenue,the southern boundary of the South Harbor Uplands-
Tract H,Waterfront Park Replat,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,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 R1,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. Multiple-Family developments(except studio apartments)with three or more 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.
(Ord.2007-009,§1;Ord.2008-006,§1;Ord.No.2012-002,§1;Ord.No.2016-009,§1;Ord.No.2017-002,§1;Ord. No.2018-004,§1)
15.10.226-Land uses allowed.
(a) Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained therein are mandatory
unless otherwise modified by this chapter(See Table 15.10.226)
(b) Lodging as defined in section 15.10.1406.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 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.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts,lodging is limited to a home occupation within an owner-occupied
dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms
to a maximum of five.
(5) In all other residential districts,lodging within single-family residences and duplexes is limited to a home occupation
within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to
a maximum of five.
(6) Within commercial districts,lodging is limited to the rental of not more than five guest bedrooms regardless of building or
business ownership.
(7) Multifamily dwellings used for lodging purposes are not required to be the business or property owner's residence.The
use shall be limited to not more than five apartment units.
(8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants.
(9) Regardless of business name,the use of more than five guest bedrooms or apartments is considered a motel or hotel for
building and other code interpretation purposes.
(c) Mobile vendor as defined in section 15.10.140(6)(98)Vending(C)of this chapter and which are allowed in accordance with table
§15.10.225 are subject to the following development requirements:
(1) An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored
pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the
length and width,when in its widest configuration.
(2) Mobile vendors may operate at designated locations,by permit.Policies and procedures shall be set by resolution of the
City Council.
(3) The City police department has the right to close down a mobile vendor if vending is causing or contributing to an
imminent public safety hazard.
(4) No mobile vending shall take place on public property between the hours of 10:00 p.m.and 6:00 a.m.unless otherwise
posted.
(5) A mobile vendor may only offer,for sale,the following types of goods and services on public property:food and/or non-
alcoholic beverages;handicrafts,artwork,jewelry or similar goods or firewood.
(6) Licenses.In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations,
the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the
standards of the City permit conditions.
(7) Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots.
(8) Mobile vendor vehicles must be self-contained when operating,except for the required trash and or recycling receptacles,
which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians,within
their permitted lot or space.
(9) Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City
sidewalks.
(10) It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons.
(11) Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability in the standard
amount set by City policy.Insurance policies shall stipulate that the insurer will give written notice to the City at least 30
days prior to cancellation or other termination in coverage.Prior to acceptance of their permit,vendors shall execute an
instrument under the terms of which the permittee shall agree to indemnify,defend,and hold harmless the City from any
and all claims for injury or damage to persons or property suffered in connection with vendor activities.
(12) Any mobile vendor base station shall be properly licensed.
(13) Mobile vendors shall comply with all City code,policy and procedures.Failure to adhere to the regulations for mobile
vendors is cause for revocation or suspension of the license/permit by the City Clerk.
(14) Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending
cart or vehicle from which the business is conducted pursuant to the permit,so it is protected from the weather and
easily visible to the public.
(d) Roving vendor as defined in section 15.10.140 B 98(e)of this chapter and which are allowed in accordance with table 15.10.225
are subject to the following development requirements:
(1) Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour,or on Fourth
Avenue between Port Avenue and Van Buren Street,and also excluding that portion of Fourth and Fifth Avenues between
Jefferson Street and Railway Avenue.
(2) Roving vendors shall not vend on any public street before 6:00 a.m.or after 10:00 p.m.,unless otherwise posted.
(3) Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped.
(4) Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic,and within one foot of
the curb or edge of the street.
(5) Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than 30
minutes or in front of any premises for any time if the owner or lessee objects.
(6) An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's office yearly with
colored pictures of at least two different angles of the unit the applicant is applying to license and a description that
includes the length and width,when in its widest configuration.
(7) The City police department has the right to close down or request a roving vendor to relocate if vending is causing or
contributing to an imminent public safety hazard.
(8) In addition to complying with City ordinances and permit conditions related to roving vendors,the owner and operator is
responsible for applying for and obtaining all other necessary licenses required for the service of food.The roving vendor
vehicle shall be in compliance with the motor vehicle laws of the state,and the roving vendor vehicle owner is responsible
for complying and verifying that a specific location or route does not violate dity zoning code.
(9) Roving vendors shall comply with all traffic rules.
(10) Each roving vendor vehicle must provide the City with a certificate of insurance to cover public liability in the standard
amount set by City policy.Insurance policies shall stipulate that the insurer will give written notice to the City at least 30
days prior to cancellation or other termination in coverage.Prior to acceptance of their permit,vendors shall execute an
instrument under the terms of which the permittee shall agree to indemnify,defend,and hold harmless the City from any
and all claims for injury or damage to persons or property suffered in connection with vendor activities.
(11) Any roving vendor base station must be properly licensed.
(12) Roving vendors shall comply with City code,policy and procedures.Policies and procedures shall be set by resolution of
the City Council.Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license
permit by the City Clerk.
(13) Roving vendors shall display required permits and City business license in a prominent location on the mobile vending
cart or vehicle from which the business is conducted pursuant to the permit,so it is protected from the weather and
easily visible to the public.
(e) Transient merchants as defined in section 15.10.1406.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.
(3) Transient merchants shall provide for the concealed storage of all inventory,supplies,equipment and other materials
brought to the site in connection with the business conducted there.
(4) Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter
shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220.In no case shall the
allowed area of operation be less than five feet from any property line,permanent structure or other transient merchant.
(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 vehicle or trailer prior to operation.
(7) Every transient merchant shall provide sufficient trash receptacles on-site and ensure the proper disposal of all garbage
collected on the site.
(8) The use of generators is prohibited.
(9) No transient merchant shall conduct business on property owned or operated by the City except in accordance with
chapter 8.10 of this Code.
(10) Transient merchants shall conform to all federal,state and local laws.
(f) Commercial electronic towers,satellite dishes and antennas are allowed in accordance with table 15.10.225 of this chapter
subject to the site being fenced.
(g) Livestock as defined in section 15.10.1406.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 streams.
(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.
(h) Marijuana establishments as defined in section 15.10.140.6.53 are allowed in accordance with table 15.10.225 of this chapter
subject to the following:
(1) The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of
marijuana establishment prior to operation,and maintains a current license from the state at all times the facility is in
operation.
(2) Marijuana establishments shall not to be located within 500 feet of the entrance of any building where religious
ceremonies are regularly held,a correctional facility,recreational facility or youth center licensed by the state or local
government,or within 1,000 feet of any school.The distance specified in this subsection must be measured by the
shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the
outer parcel boundaries of the school,recreation or youth facility or to the main public entrance of the building in which
religious services are regularly held,or the correctional facility.The burden of proof demonstrating that the facility meets
the required separation distances is the responsibility of the marijuana establishment owner or operator.
(3) In this title,standard or limited marijuana cultivation facility meeting all other criteria in this Code and in Alaska Statutes
and Administrative Codes are classified as a Greenhouse(s)/Commercial,except that a limited marijuana cultivation facility
as an accessory use secondary to a residence may be classified as a Home Occupation use.
(4) In this title,a marijuana testing facility meeting all other criteria in this Code and in Alaska Statutes and Administrative
Codes is classified as an Office-Business or Professional use.
(5) In this title,a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous
materials in the manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and
Administrative Codes is classified as a Manufacturing-Heavy use.Facilities not using hazardous materials in the
manufacturing process are classified as a Manufacturing,Light use.
(6) In this title,a retail marijuana store meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes
is classified as a Business-Retail Sales and Service use.
(i) Camping is allowed subject to the following:
(1) Camping for a fee shall be allowed within the City limits only 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 non-commercial use and for no fee.Such occupancy shall be limited to one camping unit at a
time and shall be for recreational or vacationing purposes only.Camping as provided in this section shall not occur earlier
than April 15 th and no later than September 30 th
(j) Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the following:
(1) 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 days 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 specific 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 8.15.340 shall also apply to employee campgrounds.
(4) Sanitary facilities shall include either permanent or portable toilets. If permanent facilities are constructed,they shall
conform to section 8.15.425(b).Shower facilities may either be on-site in conformance with section 8.15.425(b),or
provided on the job site of the employer.
(5) The requirements for spacing shall be at least ten feet clear space between camping units.Camping units,other than
those being used for living accommodations,shall not be parked within the campground area proper.
(Ord.626,§3, 1989;Ord.633,§§3,4, 1990;Ord.639, 1991;Ord.90-2;Ord.91-1;Ord.91-04;Ord.92-02;Ord.94-11;Ord.94-25;Ord.95-07;
Ord.95-13;Ord.95-17;Ord.96-05;Ord.97-13;Ord.98-09,§4;Ord.No.2012-002,§1;Ord.No.2014-004,§ 1;Ord.No.2016-005,§3;Ord.No.
2018-004,§1)
Editor's note—Ord. No.2018-004,§ 1,adopted§ 1,7-9-2018 renumbered§ 15.10.225,to§15.10.226,as herein set out.
TABLE •
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR Rural,very low density single-family residential
R1 Single-family, low density residential
R2 Single and two-family, medium density residential
R3 Single,two and multi-family, high density residential
al
UR Urban residential,a mix of residential uses and low impact home professional offices
OR Office residential
AC Auto and neighborhood oriented, light commercial
HC Harbor commercial
CB Central business district-dense downtown commercial
I= Industrial
RM ' Resource management-partially developable lands subject to floodplains and steep slopes
INS Institutional, public,quasi-public uses
P= Parks
Table 15.10.226.Land Uses Allowed
KEY:
0-Use Permitted Outright
H-Home Occupation
C-Use Requires Conditional Use Permit
P-Use Requires Administrative Permit
Blank-Use Prohibited
I
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 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, 0 0 0 0 , 0
title, real estate,etc.
Agriculture 0
Airport and related services 0 C
Amusement or recreation 0 0 0
facility
Animal shelter 0 C
— — J
Antenna, personal TV, satellite 0 0 0 0 0 0 0 0 0 0 0 0
dish
Art gallery 0 0 0 0 0
Assemblages,temporary large, P P P P P P P
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
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 C
Bulk material, i.e.,concrete, C C
gravel,sand,asphalt
Business, marine retail sales 0 0 0 0 C
and service
Business, package liquor 0 0 0
Business, retail sales and 0 0 0 0
service
Business, retail sales and 0
service, industrial
Campground, municipal C/P C/P C/P C/P
Campground,camper park, C/P C/P C/P
private
Campground, employee C/P
Car/boat wash 0 0 0
Cemetery 0 C 0
Center,community/civic 0 0 C C
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 0 0 0 0 0 0
Church C C C C C C 0 0 0 0
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 16 feet
diameter or 75 feet in height
Communications,commercial C C C
satellite dishes,towers, poles,
and antennas 16 feet diameter
or greater than 75 feet in height
Correctional/prison facility C C C C
Crematory 0
Docks/wharves, industrial cargo 0 0 C C
Dock, passenger 0 0 0 C 0
Drinking establishment, i.e., C C C
bar, nightclub, lounge
Drive-in facility—Fast food, C C C C C
banking, etc.
Dwelling,apartment in a 0 0 0 0 0 C
commercial building(limited to
one unit)
Dwelling,apartment in a 0 0 C C
commercial building(two or
more units)
Dwelling,apartment,efficiency 0 0 0 0 0 0 0
or accessory
Dwelling,apartment,studio C C C C C C
Dwelling,attached single- C C C C C C C
family, i.e.,townhouse,row
i Dwelling,condominium C C C C C C C
I
Dwelling,detached single- 0 0 0 0 0 0 0 C C
family
i I
Dwelling,group home 0 0 0 0 0 0 C
Dwelling,guest house 0 0 C
Dwelling, multi-family(3 or C C C C C C C
more units)
Dwelling,two-family or duplex 0 0 0 0 0 C C
Dwelling,watchman or 0 C
caretaker
Emergency services, pub/vol; C C C C 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 C C C 0 0 0 0
Grocery,supermarket, 0 0
foodmart
Health club C C 0 0 0
Home occupation 0 0 0 0 0 0 0 0 0 0
Hospital C C
House rental on a nightly basis P P 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 LEFT BLANK
fancier
Laundry,dry cleaning 0 C 0 0
Library 0 0 0 0
Livestock,excluding chickens P P
and rabbits
Livestock,chickens and rabbits P P P P P P P P P
Lodging, B&B, rooms,duplex H/P H/P H/P H/P H/P 0/P 0/P 0/P 0/P
and accessory apartment
Lodging, hostel P P P P P P
Lodging, hotel, motel, lodge, inn C 0 C C
Lodging, multifamily dwelling P P P P P P P
apartment
Lumber yard/building supply C 0 C
Manufacturing—noxious,heavy C
Manufacturing, light C 0
fabrication,assembly
Merchant,transient 0 0 0 0
Mobile home park C/P
Mobile home, residential, not in INTENTIONALLY LEFT BLANK
park
Mobile home sales 0 0
Mobile medical unit 0 0 0
Mobile vendor P P P P P P P P P P P
Mortuary/funeral home 0 0 0
Museum C 0 0 0 0 0
II Offi
Ice,boat charter,guide 0 0 0 0 0 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 P P P P P
construction site
Office, home, professional 0 0 0 0 0
Parking lot C C 0 0 0 0 0 0 0 0
Personal services, i.e., beauty, 0 0 0 0
shoe,tailor
Planned unit development C C C C C C
_____ -r - --_
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, C C
commercial timber harvesting
Restaurant,food service, 0 0 0 0 0 C
catering, brew pub
Rooming or boarding house 0/P 0/P 0/P 0/P
Roving Vendor P P P P P P P P P P P
Salvage—auto,wrecking,scrap, C
junkyard
Sawmill or lumbermill C C
School, college C C C
School, public/private C C C C C C C C C
elementary/secondary
School,vocational C 0 0 C 0 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
Storage,container P P P P 0 P
Storage,explosives P
Storage,outdoor,yard,
material/equipment
Storage,self service 0 0 0 0
Storage,warehouse and 0 0 0 C C
distribution
Studio, radio/television C 0 0 0 0 C
Tanks,aboveground associated C C 0
with service station
Taxidermy 0 0 0 0 0
Terminal, i.e., bus,truck,freight 0 C 0 C
Terminal, marine/boat 0 C 0 0 C
passenger
Theater,concert, movie 0 0
Tool/equipment rental 0 0
Temporary structure P P P P P P P P P 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, 0 0 C
storage
Veterinary hospital C C C
Wind Energy Conversion 0 0 0 0 0 0 0 0 0 0 0 0 0
Systems(WECS)
(Ord.94-25;Ord.95-13;Ord.95-17;Ord.96-05;Ord.96-10;Ord.96-16;Ord.97-13;Ord.98-06;Ord.98-09;Ord.99-01;Ord.99-13,§2,1999;
Ord.No.99-10;Ord.2000-12;Ord.2001-03;Ord.2003-08;Ord.2007-008,§1,2007;Ord.No.2009-002,§ 1;Ord.No.2010-004,§2;Ord.No.
2012-002,§1;Ord.No.2014-002,§1;Ord.No.2014-004,§1;2015-001,§1;Ord.No.2018-002,§4;Ord.No.2018-004,§ 1)
Editor's note—Ord.No.2018-002,§4,adopted May 14,2018,renumbered§ 15.10.225 to 15.10.226 as herein set out.
15.10.230-Special setbacks—CB and I districts.
(a) Central business district.Except where separated by a public right-of-way,where the CD district abuts residential districts,a
minimum setback equal to that required of the abutting district shall be required.
(b) Industrial district.Where industrial(I)districts abut residential districts,a minimum setback of ten feet shall be required.
(Ord.626,§3, 1989;Ord.93-08)
15.10.235-Townhouses.
(a) Generally.The standards set forth in this section shall complement the general standards set forth in this chapter and shall not
be construed as superseding any general standard. In the event of conflict,the stricter standard shall control.Notwithstanding
the provisions of any other section of this chapter,townhouses shall be conditionally permitted in accordance with the land
uses allowed table 15.10.225 if the following requirements are met.
(b) Conditions.The proposed development meets all conditions specified in this chapter under section 15.10.320,conditional use
permit.All townhouse developments constructed pursuant to a conditional use permit issued under the provisions of this
chapter shall be constructed in compliance with current state statutes.
(c) Plan.A detailed development plan is submitted with the application for a conditional use to include a site plan,drawn to scale.
Such site plan shall include,but shall not be limited to,the topography and drainage of the proposed site,the location of all
buildings and structures on the site,courts and open space area,circulation patterns,ingress and egress points,parking areas
(including the total number of parking spaces provided),and a general floor plan of the principal buildings,together with other
such information as the commission shall require. I he number of contiguous units permitted shall be related to the
topography,aesthetics,access and public safety.The development plan and the conditional use application may be rejected or
modified if the development plan is not consistent with good design,efficient use of the site,and community standards.
(d) Number of units.Not more than six contiguous townhouses shall be built in a row with the same or approximately the same
front line.
(e) Separation requirement.No portion of a townhouse or accessory structure in or related to a group of contiguous townhouses
shall be closer than 15 feet to any portion of a townhouse or accessory structure related to another group,or to any building
outside the development area.
(f) Minimum lot width.Minimum lot width for an individual townhouse is 12 feet.Larger lot and townhouse units may be required
to assure adequate living space.
(g) Lot coverage.The maximum lot coverage by all buildings shall be 40 percent.Carports open on three sides shall not be
considered buildings for calculating maximum lot coverage.
(h) Parking.Grouping of parking spaces is desirable;provided,that spaces intended for a particular unit are no more than 100 feet
from the unit.On minor streets,use of the right-of-way may be permitted for maneuvering incidental to parking where this will
facilitate snow removal.On collector and arterial streets,maneuvering incidental to parking shall not be permitted.
(i) Covered storage.Two hundred cubic feet of covered storage space shall be provided exclusive of the living area of the unit.
(j) Party walls.All party walls shall adhere to fire safety standards as established by the City fire code.
(k) Homeowners association.The developer or subdivider of any townhouse development shall give evidence that compliance with
the Common Interest Ownership Act,AS 34.08,has been made prior to the sale of any townhouse dwelling units.
(1) The developer or subdivider of any townhouse development shall deposit with the appropriate homeowners association,
formed in compliance with the Common Interest Ownership Act cited in this section,a contingency fund in the sum of
$500.00 per dwelling unit in the townhouse development fund.
(2) A copy of the declaration and bylaws of the homeowners association showing in what manner the aforesaid contingency
fund shall be controlled shall be furnished to the City for review and approval.
(I) Landscaping.All areas not devoted to buildings,drives,walks,parking areas or other authorized installations shall be covered
with one or more of the following:lawn grass,natural or ornamental shrubbery or trees.
(m) Rights-of-way.All roadways,fire lanes,or areas for maneuvering incidental to parking(not to include designated commonly-
held open space or recreational areas)shall be a minimum of 22 feet in width. Furthermore,no vehicular parking shall be
allowed in the aforementioned areas.
(Ord.626,§3,1989;Ord.94-56;Ord.99-16,§4,1999;Ord.2007-008,§2,2007)
15.10.240-Home occupations.
A. Jntent,It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the
residential character of a neighborhood,and which are clearly secondary or incidental to the residential use of the main
building.In general,a home occupation is an accessory use so located and conducted that the average neighbor,under normal
circumstances,would not be aware of its existence.So long as all the development requirements of this section are met,home
occupations are permitted accessory uses as identified in the land uses allowed table 15.10.225.
B. Development requirements.
1. Not more than two persons shall be employed in the home occupation.
2. No more than 30 percent of the gross floor area of all buildings on the lot shall be used for the home occupation.
3. The home occupation shall be carried on wholly within the principal building,or other buildings which are accessory
thereto.Any building used for a home occupation shall be wholly enclosed.
(Ord.626,§3, 1989;Ord.633,§2, 1990;Ord.94-56)
15.10.245-Wind Energy Conversion Systems.
A. Purpose.It is the purpose of this section to establish health and safety standards for small wind energy conversion systems
(WECS)as defined in this Code,and to encourage the development of small wind energy systems.
B. Definitions.For purposes of this section,the following definitions shall apply unless the context clearly indicates or requires a
different meaning:
Wind Energy Conversion System(WECS)_Any device or assemblage,which directly converts wind energy into usable thermal,mechanical,
or electrical energy,including such devices as windmills and wind turbines,towers and supporting structures and such directly connected
facilities as generators,alternators,inverters,batteries,and associated equipment.This system is designed as a secondary accessory use to
existing principal uses and to existing buildings or facilities,wherein the energy generated is used primarily for consumption on the same or
adjoining parcel on which it is located.
Small Wind Energy Conversion System.A Wind Energy Conversion System that has a rated power capaCity of not more than 100kW and is
intended to produce energy primarily for on-site consumption,either instead of or as a supplement to public utility power.
Total height,freestanding WECS.The distance measured from the preexisting natural grade to the highest point of any blade of the
turbine.
Total height,roof-mounted WECS.The distance measured from the building height to the highest point of any blade of the turbine.
Wind turbine.A device which converts the kinetic energy of the wind into a rotational energy transmitted through a drive train to a
generator and where the generated power can be connected directly to the load or feed.
C. Approval process.WECS are subject to a building permit under Seward City Code chapter 12.05,codes of technical regulation,
and a building permit shall be obtained prior to construction,installation or modification of the system.The Building Official
shall review each building permit for compliance with the requirements of this section.The Building Official shall grant
approval if he or she is satisfied that the standards of this section have been met,that the applicant has sized and sited the
system to reduce impacts on surrounding properties to the maximum extent feasible,and that the WECS is not otherwise
prohibited by law.The applicant shall provide the Building Official documentation that the WECS meet the requirements of this
section,including:
1. A description of the project,including the maximum rated power output capaCity of the WECS.
2. The make,model,an illustrative photograph or brochure,manufacturer's specifications including noise decibels data for
the proposed WECS,Manufacturer's Guaranteed Maximum Sound Power Level in dBA re 1 pW,the support structure and
method of attachment to the ground and/or structure.
3. Foundation plans designed for the installation location of the WECS and be stamped by an engineer licensed in the State
of Alaska.
4. Elevation drawing of the WECS showing total height,turbine dimensions,tower and turbine colors,distance between
ground and lowest point of any blade,and if proposed,the location of ladders,climbing pegs,and access doors.
5. Site plans showing the installation location,including any related components,and the location of other structures,fences
or retaining walls on the property.
6. For roof-mounted WECS,the owner must provide the City with certification from an engineer licensed in the State of
Alaska that the roof is built to accommodate the system.
7. If the WECS is not certified as meeting the IEEE1547 standard(Institute of Electrical and Electronic Engineers),then an
assessment of potential electromagnetic interference with microwave,radio,television,personal communication systems
and other wireless communication is required.
• 8. A visual impact analysis of the proposed WECS as installed,which shall include color photographs of the proposed site from
locations accurately depicting the existing conditions.A computerized photographic simulation,demonstrating any visual im
strategic vantage points,is desirable and may be required at the Building Official's discretion.The applicant shall indicate an:
screening proposed to be incorporated into the project that is intended to lessen the system's visual prominence.
9. Evidence of compliance with Federal Aviation Administration requirements.
D. Zoning and lot requirements.Monopole,guyed, lattice,vertical access and roof-mounted WECS are allowed outright as a
secondary use in all zoning districts if they meet the following requirements and adhere to all requirements listed in this
section.Only one WECS is permitted per lot in all zoning districts.
E. Development and design requirements.The requirements of this section shall apply to all WECS.
1. The turbine to be constructed as a component of the WECS must be approved by the Small Wind Certification Program
recognized by the American Wind Energy Association(AWEA)or any other accredited organization such as the Small Wind
Certification Council,National Wind Technology Certification Center,or the U.S.Department of Energy,National
Renewable Energy Laboratory or must be certified by a professional mechanical engineer licensed in the State of Alaska
as a system that meets or exceeds industry safety standards for small wind energy systems.
2. The total height limitations for WECS for secondary use are as follows:
a. Freestanding WECS.
i. In RR,R1,R2,R3,UR,OR,AC,HC,CB and P,WECS are allowed as an outright use with a total height not to
exceed 150 feet.
ii. In I,RM and INS WECS with total height not exceeding 300 feet may be permitted.
b. Roof-mounted WECS.
i. In all zoning districts WECS on buildings of 34 feet or less in total height,roof-top WECS shall have a total height
not to exceed 20 feet.
c. Both freestanding and roof-mounted WECS.
i. Structures shall not interfere with Federal Aviation Administration Regulations on airport approaches.
ii. In no case shall the total height of the WECS exceed manufacturer's specifications.
3. Minimum blade ground clearance in all zoning districts is 15 feet.
4. All portions of any WECS,including guy wires and other anchors,shall comply with the following setback standards unless
otherwise specified:
a. All WECS shall be set back from all property lines at least 1_1 times the height of the system,except that the setback
from a lot edge abutting a lake or pond may be one-half the total height of the system.
b. All WECS shall be set back from all property lines so that noise generated by the system shall not exceed the 10:00
p.m.through 7:00 a.m.decibel levels set forth in Table 1,section 9.25.020,at the closest property line to the system,
as calculated with the following formula for a 6dB doubling decay curve:
S;sub§\sub;-10^((L w+L„+L;sub§\sub;+ .5 S 1)/20)
Where:
S;sub§\sub;-Acoustic Setback Distance in Feet
L w-Manufacturer's Guaranteed Maximum Sound Power Level,in dBA re 1 pW
L„-Uncertainty Factor=5
L;sub§\sub;-Safety Factor=2
S 1-Sound Level Limit
c. All WECS shall be located so that the principal structure is between the WECS and the front or side property line.
d. All systems shall be set back at least 1.1 times the total height of the system from all overhead power and
telecommunication lines,aboveground electric and telecommunication equipment and any telecommunication
towers.
e. All portions of any WECS,including guy wires and other anchors,shall comply with the setback standards for the lot as •
15.10.220,development requirements.No part of the WECS may extend into any access or utility easements.
5. The rotating turbine shall not produce vibrations that are humanly perceptible beyond the property lines of the site not to
exceed the decibel level in Table 1,section 9.25.020.Those who violate this provision will be subject to the penalties and
remedies found in section 9.25.035.
6. All portions of the WECS shall be a nonreflective, nonobtrusive color,subject to the approval of the Community
Development Department.The appearance of the turbines,towers and any other related components shall be
maintained throughout the life of the WECS pursuant to industry standards.
7. All power and telemetry lines from the tower to any building or other structure shall be placed underground and an as-
built indicating the locations will be provided to the Building Department.
8. No tower shall be illuminated unless required by a State or Federal agency,such as the FAA.
9. No commercial advertisements,signs,or other messages shall be placed or painted on any portion of the WECS;except
that a system's or tower's manufacturer's logo,inspection tags,the owner's emergency contact information and
appropriate warnings as required by national,State and local laws may be displayed on a system generator housing in an
unobtrusive manner.
10. WECS structure shall be designed to prevent unauthorized external access to electrical and mechanical components and
shall have access doors that are kept securely locked.No climbing pegs or tower ladders shall be located closer than 12
feet to the ground level at the base of the structure.
11. The installation of a WECS may not enlarge,increase or expand a nonconforming use or structure.
F. Maintenance.A WECS shall be erected and maintained plumb,level,and true and shall be repaired,painted,and maintained in
accordance with this section,any manufacturer's recommendations and instructions,manufacturer's and inspector's repair
and maintenance schedules and with industry standards for WECS.The Building Official may order the repair or removal of any
WECS that is not maintained in accordance with this section.The Building Official may also order that the WECS cease operating
until satisfied that the WECS meets maintenance and operating standards.An inspection of the WECS components by a
recognized Wind Turbine Inspection firm is required every five years and following a natural disaster.A tag indicating the firm
and date of the last inspection must be displayed on the WECS.
G. Nuisances;_removal.
1. Any WECS that is not operated on a functional basis for a period of 12 months is hereby declared,unlawful,abandoned,
and a public nuisance.In addition to other remedies provided by this title,the nuisance may be restrained,enjoined,or
otherwise abated by the City.
2. Demolition permits are required before a person removes a WECS.The permit shall require the entire system be removed
(foundations to below natural grade,collection,connection,and transmission equipment)and disposed of properly at the
owner's sole expense.
H. Enforcement;abatement.
1. Failure to maintain a WECS is a violation of this title.
2. The City may issue an enforcement order under chapter 9.20,public nuisances for the repair or removal of any WECS that
is not operated on a functional basis for a period of 12 months or where the WECS becomes a hazard to the safety of
persons or property.
3. Where the system presents no immediate hazard to health or safety,the owner shall repair or remove the system within
15 days of receipt of notification of the enforcement order.Upon agreement in writing that the owner will comply with an
enforcement order to repair or remove the system if allowed additional time,the City may grant an extension of time
within which to abate the public nuisance,if the City determines that such an extension of time will not create or
perpetuate a situation dangerous to life or property.If the WECS is not operational or is not removed after 15 days from
the date of notification of the enforcement order,or after the time of any extension provided,the City may remove the
system at the owner's expense.
4. Where the City identifies an immediate health or safety hazard,and when the owner or other person responsible for the
system is either not available to immediately remedy the hazard or refuses to remedy the hazard,the City may enter
upon the property and disconnect,dismantle,or otherwise remove any WECS.The City shall attempt to notify any owner
or other person responsible for the system of such action within 48 hours.For purposes of this section,notice is effective
the earlier of posting the notice on the property,personal delivery,or upon receipt,if sent by certified mail.
5. The costs and expenses incurred by the City in abatement of any health and/or safety hazard or of any nuisance as
defined in subsection 15.10.245 H.shall be chargeable to the owner and/or may be collected in a civil action by the City.
6. A person aggrieved by an enforcement order may appeal under section 15.10.410.
(Ord.No.2010-004,§ 1,10-11-2010)
Article 3.-Supplementary Regulations
15.10.310-Contract zoning.
This section repealed May 11,1992.
(Ord 626,§3,1989;Ord.92-10) •
15.10.315-Nonconforming lots,structures and uses.
(a) Intent.Within the zoning districts established by this chapter or amendments that may later be adopted,there may exist lots,
structures,and uses of land and structures,and characteristics of use which were lawful before the effective date of the
applicable regulations,but which would be prohibited,regulated or restricted under the terms of this chapter or future
amendment.It is the intent of this chapter to permit these nonconformities to continue until they are removed,but not to
encourage their perpetuation,and to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this
chapter that nonconformities shall not be enlarged upon,expanded or extended,nor used as grounds for adding other
structures or uses prohibited elsewhere in the same district.
(b) Status designated.When a lot,structure,or use legally exists prior to the adoption of this ordinance or otherwise stated
effective date,but does not meet the requirements of this chapter,it shall be permitted to continue within the limits set forth in
this section.Under such circumstances it is said to have nonconforming status.There are three types of nonconforming status:
(1) Lots.The lot,width,or acreage is smaller than the minimum permitted in the zone in which it is located.
(2) Structures.The structure is designed to accommodate a nonconforming use or fails to meet yard,coverage,height,or
other development requirements established for the zone in which it is located.
(3) Uses.The use to which land and/or structures is being put is not a principal,accessory,or conditional use permitted in the
zone in which it is located,and is not otherwise permitted in this chapter.
(c) Effective date.Any land,structure,or use that legally existed prior to June 6,1978,but does not meet the requirements of this
chapter,shall be considered a nonconforming lot,structure or use.
(d) Nonconforming uses.Nonconforming uses are subject to the following provisions:
(1) A nonconforming use within a nonconforming structure shall not be extended to occupy any land outside that structure;
(2) When a nonconforming use is discontinued for one year,the use shall not thereafter be permitted except in conformance
with the regulations of this chapter;
(3) All nonconforming uses associated with a nonconforming structure which is destroyed,shall be deemed terminated;and,
(4) A nonconforming use shall not be moved to any other portion of the lot or the parcel.
(e) Nonconforming lots. Nonconforming lots of record in existence on December 5,1978,which do not meet minimum lot size or
width requirements for the district in which they are located may be used for all uses permitted in the district,provided they
are at least 3,000 square feet and all other provisions of this title are met.
(f) Nonconforming structures.Nonconforming structures are subject to the following restrictions:
(1) A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity;
(2) Should a nonconforming nonresidential structure or nonconforming portion thereof be damaged by any means to an
extent of more than 50 percent of its replacement cost at time of destruction,as determined by the City Manager or his
designee,it shall not be reconstructed except in conformity with the provisions of this chapter;
(3) Any nonconforming residential structure being used as a primary residence that is destroyed may be rebuilt provided that al •
this chapter,excluding lot size and width,are met;and
(4) On any nonconforming structure or portion of a structure containing a nonconforming use,work may be done,in any
period of 12 consecutive months on ordinary repairs,to an extent not exceeding 50 percent unless said repairs are in
conformity with all other provisions of this chapter or are required by any official charged with protecting the public
safety.
(g) Elimination—Public safety,health and general welfare.If it is determined that a nonconforming lot,structure or use,or
combination thereof,significantly impairs the public health,safety,and general welfare or the rights of neighboring property
owners pursuant to this chapter,the City Council shall by ordinance establish a reasonable schedule for the termination of the
nonconformity.
(h) Uses permitted under conditional use provisions.
(1) A use that was legal and did not require a conditional use permit when it was initiated,but which would now require a
conditional use permit under the terms of this chapter,shall be considered a legal conforming use and may continue to
exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section
15.10.320.In accordance with section 15.10.320(f)(3),if there is a lapse in such use for a period of one year or longer,that
use will no longer be considered a legal conforming use,and the owner must apply for a conditional use permit for any
later use.
(2) A use that was conditionally permitted when it was first initiated,but which is now allowed as an outright use in the
district in which it is located under the terms of this title,shall not be deemed a nonconforming use.Such use shall be
considered to exist as a permitted principal use and the conditional use permit shall be null and void.
(Ord.626,§3, 1989;Ord.97-15;Ord.99-10,§4)
15.10.320-Conditional use permits.
(a) Intent.It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning
districts provided certain conditions are met.The conditional use permit procedure is intended to allow flexibility in the
consideration of the impact of the proposed use on surrounding property,and the application of controls and safeguards to
assure that the proposed use will be compatible with the surroundings.The commission shall permit this type of use if the
conditions and requirements listed in this chapter are met.The allowed uses are listed in the land uses allowed table
15.10.225.Before a conditional use permit may be granted,the procedures specified in this chapter must be followed.
(b) Applications.Applications for a conditional use permit shall be filed in writing with the City Clerk.The application shall include
but is not limited to the following:
(1) Name and address of the applicant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) A legal description of the property involved;
(4) A description of the proposed use;
(5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration,and such data as may be
required;and
(6) The appropriate fee as established by City Council resolution.
(c) Public hearing_If the application is in order,a public hearing shall be scheduled in accordance with the requirements of section
15.01.040 of this title.
(d) Review criteria.Prior to granting a use permit,it shall be established that the use satisfies the following conditions:
(1) The use is consistent with the purpose of this chapter and the purposes of the zoning district;
(2) The value of the adjoining property will not be significantly impaired;
(3) The proposed use is in harmony with the comprehensive plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety,health or welfare;
(6) Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be
met by the applicant.These may include but are not limited to measures relative to access,screening,site development,
building design,operation of the use and other similar aspects related to the proposed use.
(e) Approval resolution.At any time after the hearing required in section 15.20.320(c),the commission may adopt a resolution
approving a conditional use permit provided that it includes findings of fact that the review criteria in section 15.10.320(d)have
been met.Upon adoption,the City shall cause a copy of the resolution to be posted for at least ten days in at least three public
places within the City.An appeal of the commission's action may be made at any time until the resolution becomes effective.
Unless rescinded,amended or appealed any resolution adopted under this chapter automatically becomes effective ten days
after passage and posting.
(f) Modification of final approval.
(1) An approved conditional use permit may,upon application by the permittee,be modified by the planning and zoning
commission:
a. When changed conditions cause the conditional use to no longer conform to the standards for its approval.
b. To implement a different development plan conforming to the standards for its approval.
(2) The modification application shall be subject to a public hearing and a filing fee set by City Council resolution.
(g) Expiration;extensions;transferability_
(1) An approved conditional use permit lapses six months after approval if no building permit is procured or if the allowed
use is not initiated.
(2) The commission may grant time extensions not to exceed six months each upon a finding that circumstances have not
changed sufficiently to warrant reconsideration of the approval of the conditional use permit.A request for an extension
must be submitted prior to the expiration of the permit.A public hearing shall not be required prior to granting an
extension of time.
(3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one year or
longer.
(4) A conditional use permit is not transferrable from one parcel of land to another.Conditional use permits may be
transferred from one owner to another for the same use,but if there is a change in use on the property,a new permit
must be obtained.
(Ord.626,§3, 1989:Ord.649,§5, 1991;Ord.94-56;Ord.97-15;Ord.98-06)
15.10.325-Variances.
(a) Intent.When the literal enforcement of this chapter would deprive a property owner of the reasonable use of his real property,
a variance would allow for the relaxation of the development requirements of this chapter to provide relief.
(b) Application.Application for a variance shall be filed with the City Clerk.The application shall include,but is not limited to the
following:
(1) All of the information required for a conditional use permit;
(2) A precise description of the variance requested,including the section,paragraph and sentence of this chapter from which
the applicant wishes to deviate;
(3) A written item-by-item response to all of the conditions specified in this section;and
(4) The appropriate fee as established by City Council resolution.
(c) Public hearing.If the application is in order,a public hearing shall be scheduled in accordance with the requirements of section
15.01.040 of this title.
(d) Review criteria.The commission shall establish a finding that all of the following conditions have been found to exist as a
prerequisite to issuance of a variance permit:
(1) The proposed action must be consistent with all of the general conditions required for a conditional use permit;
(2) Special conditions and circumstances exist which are peculiar to the land or structures involved and which are not
applicable to other lands and structures in the same district;
(3) The special conditions and circumstances have not been caused by actions of the applicant;
(4) Financial hardship or inconvenience shall not be a reason for granting a variance;
(5) Other nonconforming land use or structures within the district shall not be considered grounds for granting a variance;
(6) A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure;and
(7) A variance shall not be granted which will permit a land use in a district in which that use is otherwise prohibited.
(e) Approval resolution.At any time after the hearing required in section 15.10.325(c),the commission may adopt a resolution
approving a variance provided that it includes findings of fact that the review criteria in 15.10.325(d)have been met.Upon
adoption,the City shall cause a copy of the resolution to be posted for at least ten days in at least three public places within the
City.An appeal of the commission's action may be made at any time until the resolution becomes effective.Unless rescinded,
amended or appealed any resolution adopted under this chapter automatically becomes effective ten days after passage and
posting.
(f) Permit.An approved variance permit shall lapse six months from the date of approval if the variance for which the permit was
issued has not been implemented.The commission may grant a time extension not to exceed six months upon finding that
circumstances have not changed sufficiently since the date of initial permit approval.A request for extension must be
submitted prior to the expiration of the permit.A public hearing shall not be required as a condition of granting the extension.
(Ord.626,§3,1989;Ord.98-06)
Article 4.-Appeals
15.10.410-Appeals—Generally.
(a) Purpose.This article governs all appellate actions and determinations,including interpretation and enforcement,taken under
the Seward Zoning Code.
(b) Appeals—Standing_Any person or persons aggrieved by an action or determination taken under this chapter may appeal said
action or determination.
(c) Time limitation.An appeal of a decision of the administrative official or the Seward planning and zoning commission must be
filed within ten days of the action or determination being appealed.An appeal of a decision of the board of adjustment must be
filed within 30 days of the action or determination being appealed.Computation of the time period for filing an appeal shall
commence with the date on which the action or determination is mailed or delivered to the parties involved.Any decision not
appealed within these time limits shall become final.
(d) Applications.The application for appeal shall be filed with the City Clerk,except that appeals to the superior court shall be filed
with the appropriate court officer with a copy to the City Manager,shall be in writing,and shall contain,but is not limited to,the
following information:
(1) The name and address of the appellant;
(2) A description of the action or determination from which the appeal is sought;and
(3) The reason for the appeal which must show a grievance to the applicant.
(e) Filing fee.An application appealing actions and determinations of the administrative official or the Seward planning and zoning
commission shall be accompanied by a filing fee as set by resolution of the council.
(f) Jurisdiction.Appeals of actions and determinations of the administrative official are heard by the Seward planning and zoning
commission.Appeals of actions and determinations of the commission are heard by the board of adjustment.Appeals of
actions of board of adjustment are heard by the superior court.
(Ord.626,§3, 1989;Ord.2005-02)
15.10.415-Appeal notice and hearing.
(a) Upon receipt of a valid application appealing an action or determination of the administrative official or the Seward planning
and zoning commission,the City Clerk shall schedule an appeal hearing to be held within 30 days.All parties to the action or
determination being appealed shall be provided with written notice not less than 15 days prior to the appeal hearing.Notice of
•
• the appeal hearing shall also be published in the manner provided for publishing notice of public hearings in section
15.01.040(a).
(b) An appeal hearing conducted by the board of adjustment shall be on the basis of the record established before the commission
and the record on appeal.The agency hearing an appeal may allow for oral presentations by the administration and the
appellant.A time limit may be established for said presentations.
(c) The hearing,and any reconvenings thereof,shall be open to the public;however,the hearing agency may vote to recess to a
closed,executive session,in order to deliberate and prepare its findings of facts and conclusions of law;provided that final
action shall be voted upon in open session.
(d) No new evidence shall be received or considered by the board of adjustment hearing an appeal.Appeals alleging new evidence
or changed circumstances shall not be heard by the board of adjustment but shall be remanded forthwith by the City Clerk to
the commission,which shall determine whether to rehear the matter.
(Ord.626,§3,1989;Ord.94-41)
15.10.420-Record of appeal.
(a) The record of appeal shall be prepared by the City Clerk and provided to the hearing agency not less than five days prior to the
hearing,and shall consist of the following:
(1) A verbatim transcript of the prior proceedings from which the appeal has been taken,if those proceedings were taped or
otherwise recorded,or if the proceedings were not recorded,copies of any approved minutes,summaries or other
records of the proceedings;
(2) Copies of all memoranda,exhibits,correspondence,recommendations,analyses,maps,drawings,and other documents
or exhibits submitted prior to the decision from which the appeal is taken;
(3) A copy of all prior written actions,determinations and decisions,including findings and conclusions;
(4) A list of the names and addresses of all persons appearing as witnesses at prior hearings;and
(5) Any written statements filed pursuant to section 15.10.425.
(b) The record of appeal shall be made available for public inspection in the clerk's office not less than five days prior to the
hearing date.
(Ord.626,§3,1989)
15.10.425-Appellant's written statement.
(a) An appellant may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of
the points contained in the notice of appeal if such statement is filed not less than seven days prior to the date set for the
appeal hearing.
(b) The administration and any interested party wishing to file a written statement in rebuttal to the appeal may do so if such
statement is filed not less than two days prior to the appeal hearing date.
(Ord.626,§3,1989)
15.10.430-Findings and conclusions.
(a) Within 60 days following the filing of an appeal,the body hearing the appeal shall issue its decision in the form of written
findings of fact and conclusions of law.
(b) The findings of fact and conclusions of law shall reference specific evidence in the record and the controlling sections of this
chapter.The board of adjustment may affirm,modify,vacate,set aside or reverse any decision brought before it for review,
and may remand the case and direct the entry of such appropriate order,or require further proceedings to be had as may be
just under the circumstances.
(c) Upon express vote,the body hearing the appeal may adopt as its statement of findings and conclusions those findings and
conclusions officially adopted by the body below from which the appeal was taken.
(d) The findings of fact and conclusions of law shall be signed by the presiding officer and filed with the clerk,who shall promptly
mail a copy to the appellant.
(Ord.626,§3,1989;Ord.641, 1991)
Chapter 15.15.-Historic Preservation
15.15.010-Purpose.
Historic preservation is necessary to promote the educational,cultural,economic and general welfare of the community by providing a
mechanism to identify and preserve the distinctive historic and architectural characteristics of Seward which represent elements of the City's
cultural,social,economic,political and architectural history.
(Ord.95-10)
15.15.015-Seward Register of Historic Places established.
(a) A Seward Register of Historic Places is hereby established to provide for public recognition of local cultural resources worthy of
preservation.
(b) Criteria for selection and placement on the register of historic places shall be set by resolution of the historic preservation
commission.
(c) The historic preservation commission shall recommend nominations to the register of historic places to the City Council.
(d) Nominations to the register of historic places shall be approved by resolution of the City Council.
(Ord.95-10)
15.15.020-Historic district established.
(a) The historic district of the City is established to define those areas of the City that meet state or federal standards for historic
districts or that otherwise have special historic significance that merits additional consideration in land use regulation.
(b) The City Council shall,by resolution,establish and define those areas to be included in the historic district.
(c) Criteria for selection and placement on the list of historic districts within the City shall be set by resolution of the City Council.
(d) Upon designation,the historic district shall be classified as an Overlay District H-Historic District on the official zoning map of
the City of Seward.
(Ord.95-10)
15.15.025-Seward Historic Plant and Tree Register established.
(a) A Seward Historic Plant and Tree Register is hereby established to provide for public recognition of local plants and trees.
(b) Criteria for selection and placement on the Seward Historic Plant and Tree Register shall be set by resolution of the Historic
Preservation Commission.
(c) The Historic Preservation Commission shall recommend nominations to the Seward Historic Plant&Tree Register to the City
Council.
(d) Nominations to the Seward Historic Plant&Tree Register shall be subject to approval by resolution of the City Council.
(Ord.2007-006,§ 1,2007)
Chapter 15.20.-Signs
15.20.010-Purpose and scope.
It is the purpose of this chapter to promote:
A. The protection of the health,safety,property and welfare of the citizens of Seward,and aesthetics of the community;
B. Commercial and civic communications that accommodate the need of the community to convey information to the public;
•
C. The protection and enhancement of the historic charm and natural beauty,and the visual character and identity of the comr
thoughtful placement and design of signs;
D. Flexibility and incentive for creative and innovative sign designs;
E. The proper maintenance of signs;and
F. Consistency with the goals and objectives of the Seward Comprehensive Plan.
(Ord.98-02)
15.20.015-Definitions.
For purposes of this section,the following definitions pertaining to signs shall apply:
Abandoned sig..A sign or sign structure which no longer identifies or advertises a bona fide business,lessor,service,owner,product,or
activity,and/or for which no legal owner can be found.
Animated sign.Any sign which uses movement or change of lighting to depict action or to create a special effect or scene.
Banner.A temporary sign made of fabric or similar nonrigid material with no enclosing framework. National flags,state or municipal flags,
or the official flag of any institution or business shall not be considered banners.
Building marker.Any sign indicating the name of a building and date and incidental information about its construction,which sign is cut
into a masonry surface or made of bronze or other permanent material.
Construction sign.A temporary sign identifying an architect,contractor,subcontractor,and/or material supplier participating in
construction on the property on which the sign is located.
Directional sign sign containing no advertising,and designed to direct,inform or guide pedestrian or vehicular traffic to a location,
place or convenience parking,drive through window,restrooms.
Electrical sign_A sign lit or put in motion by means of electrical power.
Facade(false frontLA false,superficial or artificial facing on a building,given special architectural treatment.It may or may not be part of
the structural wall.
Flashing sign sign which contains an intermittent or sequential flashing light source.
Freestanding sign(pole,monument or ground sign)_A permanently mounted,self-supporting sign supported from the ground by means
of poles,standards,or any other type of base.
Illuminated sign.A sign illuminated in any manner by an artificial light source.
Incidental sign.A sign,emblem,or decal informing the public of goods,facilities,or services available on the premises,e.g.,a credit card
sign or sign indicating hours of business.
Identification sign.A nonelectric sign limited to the name,address and/or occupation of an occupant or group of occupants.
Indirect illumination.Use of lights which are shielded from public view,to indirectly project illumination onto a sign which is,itself,not
internally lit.
Marquee(canopy or awningLA permanent roof-like structure projecting beyond a building wall at an entrance to a building,or extending
along and projecting beyond the building's wall,and generally designed to provide protection against the weather.
Marquee sign_A sign that is a part of or attached to a marquee.
Nameplate.A nonelectric sign limited to the name and address of an occupant or group of occupants.
Nonconforming sign.Any sign which was legally erected,but does not now conform to the regulations of this chapter.
Off-premises sign(billboard)_A sign or structure which advertises a business,person,product,activity or service not on or offered on the
property on which subject sign is located,also known as a billboard,off-site,or outdoor advertising sign.
On-premises signA sign which pertains to the use of the premises on which it is located.
Parapet.The extension of a false front or wall above a building roofline.
Point of purchase display_Advertising of a retail item accompanying its display,e.g.,an advertisement on a product dispenser.
Political signAny poster or sign used for the purpose of advertising,promoting or endorsing a political candidate, party initiative,issue,
referendum or ballot proposition.
Portable signA sign that is not attached to any building or structure.It may readily be picked up and moved from one location or
another.It may be with or without its own wheels.
Projecting sign(fin or right angle sign)_A sign affixed to any building or structure,the edges of which extend perpendicularly beyond such
building wall.
Readerboard sign(bulletin board)_A sign face consisting of tracks to hold readily changeable letters,allowing frequent changes of copy.
Real estate signA sign which is used to offer for sale,lease,or rent the property upon which the sign is placed(see also"temporary
sign").
Roof signAny sign erected over or on the roof of a building.
Roofline.Either the edge of the roof which is the junction of the roof and the perimeter wall of the structure,or the peak or ridge line,
whichever forms the line of the building silhouette.
Sign.Any device fixed to,painted on,or incorporated into the building surface;displayed from or within a building or structure;or free-
standing upon the site,and which is(a)visible from a public right-of-way and(b)designed to convey or direct a message to the public
concerning the identification of the premises or to advertise or promote the interests of any private or public firm,person or organization.
Sgn area.The area of all lettering,wording,and accompanying designs and symbols,together with the background on which they are
displayed,but excluding any supporting framework and bracing which are solely incidental to the display itself provided the same do not
contain any lettering,wording,designs,or symbols.When two identical signs faces are placed back-to-back,so that both faces cannot be
viewed from any point at the same time,and when such sign faces are part of the same sign structure,only one side shall be considered for
the purpose of calculating total sign area.
Sign height.The vertical distance between the highest part of the sign or its supporting structure,whichever is higher,and a level plane
going through the nearest point of the improved public right-of-way,other than an alley.In the event a sign is equidistant from more than one
improved public right-of-way,none of which are alleys,the highest point shall be used.
jgn,sandwich board(also V-shapgd),_Signs erected upon common or separate structures which present a V-shape appearance and
having an exterior angle between faces of not more than 45 degrees with a distance between faces of such signs at their closest point not
exceeding two feet.
Sign structure.A structure which supports or is capable of supporting any sign as defined in this code.A sign structure may be a single
pole or poles and may or may not be an integral part of a building.If a"support"is"internally or decoratively illuminated,"then it is counted
as a sign and must conform to this chapter.
Wipe signA temporary sign or poster affixed to a tree,fence or utility pole.
special events sign.Signs that announce a civic,cultural,unique or random event.
Street frontage.The length of a property line that borders a public right-of-way which provides the principal means of access.Alleys,
public parking lots,emergency access and/or pedestrian easements are not generally considered as public rights-of-way for purposes of this
definition.
Suspended signA sign that is suspended beneath a canopy,ceiling,roof,or marquee.
Temporaryjgn_Any sign, banner,pennant,valance or advertising display constructed of cloth,canvas, light fabric,cardboard,wallboard
or other light material with or without frames,intended to be displayed for a short period of time only.
Traffic sigal afety_lignLA sign which functions primarily to provide for the efficient,safe and orderly flow of traffic.
Wall sign_A sign painted,mounted or otherwise affixed to the wall of a building or structure, parallel to the building,and confined to the
limits of outside wall,which includes windows and doors.
Window sign.All signs located inside and affixed to or within three feet of windows of a building,whether temporary or permanent,
lighted or unlighted,which may be viewed from the exterior of the building.The term does not include merchandise.
(Ord.98-02;Ord.99-16,§5,1999;Ord.No.2010-007,§1,10-25-2010)
15.20.020-Administration and enforcement.
A. Except as provided herein,it shall be unlawful to display,erect,relocate or alter any sign without first filing with the
Administrative Official,as defined under section 15.01.015,a written application and obtaining a sign permit.
B. When a sign permit is issued by the administrative official,it shall be unlawful to change,modify,alter or otherwise deviate
from the terms and conditions of said permit without prior approval of the Administrative Official.A written record of such
approval shall be entered upon the original permit application and maintained in the files of the Administrative Official.
C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months
of its issuance.Before such work can be recommenced,a new permit to do so shall first be obtained,and the fee shall be one-
half the amount required for a new permit.
D. Fees shall be set by resolution of the City Council.
E. Issuance of a certificate of occupancy for each new facility using a sign for identification or advertising shall be contingent upon
approval of a sign permit.
F. Exceptions:
1. Painting,repainting or cleaning of a sign or the changing of copy or message thereon shall not be considered an erection
or alteration which requires a sign permit,unless structural change is made.
2. Other specific exceptions are listed under signs allowed without permits.
(Ord.98-02)
15.20.025-Requirements applicable to all signs.
The following provisions shall apply in all zoning districts to all signs governed by this ordinance,subject to the specific regulations in each
zoning district:
A. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign,the more
restrictive provision shall apply.
B. In matters of unspecified uses or clarification,the administrative official shall make determinations.
C. Except when approved by the City Council for civic purposes,signs are considered an accessory use on a lot.Only signs
identified under section 15.20.030 are allowed on vacant lots.
D. All signs,including signs heretofore installed,and the area around the base of each freestanding sign,shall be constantly
maintained in a state of security,safety and repair.If any sign is found not to be so maintained or is insecurely fastened or
otherwise dangerous,it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to
repair or remove the sign within five days after receiving notice from the administrative official.
E. Illumination from or upon any sign shall be shaded,shielded,directed or reduced so as to avoid glare or reflection of light
on private or public property in the surrounding area and so as to avoid distracting pedestrians and motorists.
F. In those cases where a business or institution has frontage on more than one street,signs are allowed on each street
frontage,provided they are in conformance with applicable district regulations,and that frontage limits are not combined.
G. The symbol,slogan or national trademark of a national brand beverage or other product that is sold on the premises shall
not comprise more than 25 percent of the total area of the sign.National brand logo signs designed to hang in a window
and not exceeding four square feet,and signs advertising products that form the bulk of the business transaction,are
exempted from this provision.
H. No sign shall be located so as to physically obstruct any door,window or exit from a building or be hazardous to a
motorist's ingress and egress from any public or private parking area.
I. Signs used seasonally are to be included in the total square footage of sign area allowed for that district.
J. In no case shall any portion of a sign attached to a building exceed the maximum allowable building height limit,or more
than four feet above the roof line,facade or parapet height,whichever is less.
K. No sign shall exceed the roofline of a building within any historic district.
L. Freestanding signs are subject to the following limitations:
1. Maximum height of 20 feet or the height of the building,whichever is less;
2. One per parcel;
3. Only allowed within front yards or side yards which are adjacent to a street.
M. No readerboard sign may exceed 32 square feet per side;changeable letters of such signs must be adequately secured
against wind loss,and each readerboard sign must be one of the following:
1. A wall sign;
2. A marquee sign;
3. A freestanding sign within a structural framework.
N. Except in the central business district(CBD)zone and along the west side of Fourth Avenue between North and South
Harbor Streets,no sign,except temporary street banners,shall project into the airspace above any right-of-way or
sidewalk.
O. Projecting signs(fin or right angle signs)are subject to the following limitations:
1. One per pedestrian entrance;
2. Maximum height of 20 feet or the height of the building,whichever is less;
3. Shall not extend over a public sidewalk in excess of the width of the sidewalk;
4. Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet.
(Ord.98-02;Ord. No.2010-007,§1,10-25-2010)
15.20.030-Signs allowed without permits.
The following signs are not subject to a permit requirement if the following standards are met.They shall be regulated by the following
size and placement standards and shall not be included when calculating permitted sign area for any building or parcel.If a proposed sign
exceeds the limits of this section,a sign permit must be obtained and the signage must count toward the total allowed signage for the
building or parcel.
A. Nameplates not exceeding two square feet and building markers;
B. Standard flags and insignia of government,religious,civic,charitable,educational or philanthropic groups which can,in no
way,be construed as advertising;
C. Signs identifying the historic name of a building,provided that such name is approved by the historic preservation
commission and the sign does not exceed 20 square feet in size;
D. Legal notices,traffic signs,information signs,historic signs or directional signs erected by government bodies and signs
required by law;
E. Directional signs not exceeding six square feet(directional signs contain no advertising);
F. Signs advertising subdivision tract developments of two or more acres,not exceeding 32 square feet and limited to one
such sign per street frontage;
G. Incidental signs not exceeding four square feet each;
H. Notices and warning signs of not more than two square feet each in area,i.e.,vacancy,no trespassing,beware of dog;
I. Point of purchase advertising displays;
J. Structure or improvements intended for a separate use,such as phone booths,donation containers or recycling boxes;
K. Suspended signs provided they do not extend farther from the building facade than the marquee or canopy to which they
are attached,do not exceed four square feet in area,and maintain a clear distance of eight feet between the sidewalk and
the sign bottom.One sign per pedestrian entrance;
L. Signs or scoreboards on athletic fields intended for on-premises viewing;
M. Fuel price signs not exceeding 20 square feet per sign face,with one sign allowed per abutting street right-of-way;
N. Two-sided or three-sided signs mounted on the roof of a vehicle for hire(as defined in section 8.20.010)not exceeding 14
inches in height and 39 inches in length on each side;signs on the side of said vehicle not exceeding four square feet;or a
sign mounted between the bumper and the lowest level of the rear window,not exceeding 18 inches by 36 inches;
O. Signs on vehicles,operated during the normal course of business,which identify the firm or its principal product(see also
section 15.20.035C.);
P. Wall and freestanding murals which are purely decorative in nature and content,and do not include advertising by picture
or verbal message;
Q. Signs painted on or placed inside windows,as long as they do not extend beyond the first story of the building and do not
block any opening required for entrance or exit from buildings;
R. Temporary signs for the purposes listed below which shall be removed upon completion of the activity or project denoted
by the sign:
1. Grand opening and sale signs may be posted for not more than 30 days;these signs may include banners,flags,
pennants,ribbons,streamers,or balloons;
2. Special noncommercial event signs may be erected two weeks prior to the event;
3. Real estate signs not exceeding six square feet in residential areas and 32 square feet in commercial and industrial
districts;
4. Construction signs not exceeding 32 square feet and limited to one such sign per street frontage;
5. Political signs not more than six square feet per sign in residential districts and 32 square feet per sign in commercial
districts may be displayed no earlier than 30 days prior to any election and shall be removed within seven days
following the election;provided that signs erected for any primary election that remain relevant to the following
general election may be maintained for the period between elections;
6. Garage sale signs located at the site of the sale.
(Ord.98-02;Ord.No.2010-007,§ 1, 10-25-2010)
15.20.035-Prohibited signs.
Unless otherwise and specifically authorized,the following signs are prohibited in all districts:
A. Any sign contrary to the provisions of this chapter;
B. Signs within any sight distance triangle or right-of-way,unless otherwise authorized;
C. Signs attached to,or placed on,vehicles or trailers which are parked or located for the primary purpose of displaying said
sign(see also signs allowed without permits—vehicles with signs used in the normal course of business);
D. Off-premises signs and/or billboards except the posting of temporary signs relating to civic events subject to the
limitations of this chapter;
E. Snipe signs;
F. Portable signs,except sandwich boards provided that they do not exceed ten square feet per side and are located entirely
on private property;
G. Signs which interfere with radio and television reception;
H. Flashing and animated signs;except time and temperature;and except open signs placed inside a window;
I. Any sign with incandescent lamp bulbs exposed to view,with or without internal or external reflectors;not to include
neon signs as allowed in other sections of title 15;
J. Banners,clusters of flags, pennants,ribbons,streamers,balloons or bubble machines,except as allowed under section
15.20.030R.;
K. Suspended strings of lights,spinners;twirlers or propellers;flashing,rotating(except barber poles)or blinking light;
beacons;chasing or scintillating lights;flares,or signs containing elements creating sound;
L. Abandoned signs or sign structures;
M. Signs imitating or resembling a traffic-control sign,signal or device,or the light of an emergency vehicle;or which
obstructs the visibility of any traffic or street sign or signal device;
N Projecting signs and freestanding signs fronting alleyways;
O. Signs advertising a home occupation.
(Ord.98-02;Ord.No.2010-007,§ 1,10-25-2010)
15.20.040-Sign standards by zoning district which require permits.
All signs,except those specifically allowed without permits,shall be calculated in determining the total square footage of sign area on a
parcel.
A. Residential districts.Only the following types of signs shall be permitted in the residential zoning districts,except as
provided for otherwise within this chapter and zoning code.Illumination of these signs shall be limited to indirect lighting.
1. Signage for churches,public and quasi-public institutions,including schools and municipal buildings may erect for
their own use:
a. One identification sign not exceeding 20 square feet in area;
b. One announcement sign or bulletin board not exceeding 20 square feet in area;
c. The height of any freestanding signs shall not exceed eight feet.
2. Multiple family(two-to four-unit)dwellings are allowed one sign identifying the premises,not exceeding six square
feet in area,and five feet in height if freestanding.
3. Multiple family dwellings of five units or more may have one sign,not exceeding 20 square feet in area and if
freestanding,not exceeding eight feet in height.
B. Office residential,auto commercial,and industrial districts.
1. For any permitted residential use,signs for such use shall conform to the requirements in subsection A.of this
section.
2. For all permitted uses,or legal nonconforming uses,the combined square footage of signs shall not exceed one
square foot per lineal foot of property street frontage,to a maximum of 200 square feet per parcel.
3. Signage is not allowed within side yards or attached to sides of buildings which front side yard areas,except in cases
of multiple frontage lots where a side property line fronts an alley.
4. Signage fronting alleys is limited to one identification sign,not exceeding two square feet,unless a business has a
customer entrance on the alley.If a business has a customer entrance on the alley,up to 25 percent of the
property's total allowed signage may be reallocated,as a wall sign only,to front the alley.
5. Freestanding,projecting and marquee signs,if internally illuminated,shall not exceed 32 square feet in area per
side;otherwise,a maximum of 50 square feet per side is allowed(see subsections 15.20.025L.or O.for freestanding
or projecting sign limitations).
C. Central business district.For all permitted or legal nonconforming uses,the following limitations shall apply:
1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage to a maximum
of 200 square feet per parcel.
2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot at the discretion of
the property owner.
3. Freestanding signs,if internally illuminated,shall not exceed 32 square feet in area;otherwise,a maximum of 50
square feet is allowed(see section 15.20.025L.for freestanding sign limitations).
4. Marquee or projecting signs,which project over a public right-of-way may not extend farther toward the street than
the marquee or the width of the sidewalk and may not exceed 25 square feet in area(see section(s)15.20.030K.for
under-marquee signs, 15.20.0250.for projecting signs).
D. Harbor commercial district.
1. The following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200
square feet of signage per parcel:
a. A street;
b. The harbor basin;
c. The public boardwalk;
d. Where a building faces toward a street but does not abut it;or
e. A public parking lot.
2. At the discretion of the property owner,any portion of a property's total allowed signage may be allocated to the
sides or rear of the lot not fronting 1.a.—e.,above so long as it does not exceed one square foot per lineal foot of
that property line.
3. Freestanding,projecting and marquee signs,if internally illuminated,shall not exceed 32 square feet in area per
side;otherwise,a maximum of 50 square feet per side is allowed(see section 15.20.025L.for freestanding sign
limitations).
4. Marquee or projecting signs,which project over a public right-of-way may not extend farther toward the street than
the marquee or the width of the sidewalk and may not exceed 25 square feet in area(see section 15.20.030K.,for
under-marquee signs,and section 15.20.0250.,for projecting signs.)
E. Institutional,_park and resource management districts.
1. Signs for any permitted commercial and industrial uses shall conform to the requirements in subsection B.herein.
2. Signs for all other permitted uses,or legal nonconforming uses,are subject to the following limitations:
a. One permanent identification sign is permitted for each premises.The area of the sign shall not exceed one
square foot for each lineal foot of street frontage,provided no such sign shall exceed 40 square feet;
b. No sign shall exceed eight feet in height;and
c. Illumination for institutional facilities shall be restricted to indirect lighting.
(Ord.98-02;Ord.99-16,§5,1999;Ord.No.2010-007,§ 1,10-25-2010)
15.20.050-Nonconforming signs.
The intent of this section is to permit the continuance of nonconforming signs until such time as they are removed,but not to encourage
their perpetuation or expansion.
A. Nonconforming signs are allowed to continue,subject to the following:
1. Shall not be used as grounds for adding additional nonconforming signs;
2. Shall not be structurally altered so as to change the shape,size or type of the sign,or be relocated,except into
conformance with this Code;
3. Shall not be allowed to remain after the activity,business or use to which it relates has been discontinued;and
4. Must be removed if damaged in such a manner that the estimated expense of repair exceeds 50 percent of its
replacement value.
B. Nothing in this section shall relieve the owner or user of a nonconforming sign,or owner of the property on which the
nonconforming sign is located,from the provisions of this Code regarding the safety,maintenance and repair of signs.
C. An illegal sign is any sign within the City limits which does not comply with the requirements of this Code or previous
codes at the time the sign was erected,and which is not eligible for characterization as nonconforming.The City may
immediately remove any sign located on City property or right-of-way
(Ord.98-02)
15.20.055-Variance procedure provided.
A. The commission is hereby authorized to grant special variances from the provisions of this chapter in accordance with the
following restrictions:
1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character,the commission
may issue a variance for specific signs up to 1_5 times larger than provided in this chapter.Each applicant for such
variance shall submit a scale drawing and a color rendering of the proposed sign(s)in relation to its surroundings.
2. A variance may he granted in harmony with the general purpose and intent of this Code by varying the application of
rules,regulations or provisions so long as the spirit and benefits of this Code will be preserved.
3. The commission may vary the rules and regulations or provisions of this Code provided the commission,upon due and
diligent investigation,makes specific findings that all of the following conditions have been considered:
a. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses
of other properties in the vicinity and zone in which the property,on behalf of which the application as filed,is
located;
b. That such variance is necessary because of special circumstances such as,but not limited to,health and safety or the
size,shape,topography,location or surroundings of the subject property,to provide it with signage use rights and
privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;
c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject
property or improvements in the vicinity and in the zone in which the subject property is situated.
4. In granting a variance,the commission may attach thereto such conditions regarding the location,character and other
features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the
size,number and obtrusive placement of signs and reduction of clutter in the public interest.
B. Fees for sign variances shall be set by resolution of the City Council.
(Ord.98-02)
Chapter 15.25.-Floodplain Management
15.25.010-Findings and statement.
A. Findings.The flood hazard areas of the City of Seward are subject to periodic inundation which results in loss of life and
property,health,and safety hazards,disruption of commerce and governmental services,extraordinary public expenditures for
flood protection and relief,and impairment of tax base,all of which adversely affect the public health,safety,and general
welfare.
B. Statement of purpose.It is the purpose of this chapter to promote the public health,safety,and general welfare,and to
minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of
the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains,electric,telephone and sewer lines,
streets,and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as
to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
C. Qbjectives,In order to accomplish its purposes,this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health,safety,and property due to water or erosion hazards,or
which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods,including facilities which serve such uses,be protected against flood damage at
the time of initial construction;
(3) Controlling the alteration of natural floodplains,stream channels,and natural protective barriers,which help
accommodate or channel floodwaters;
(4) Controlling filling,grading,dredging,and other development which may increase flood damage;and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
(Ord.98-11)
15.25.020-Definitions.
For purposes of this chapter,the following words and phrases shall be defined as follows:
Appeal means a request for a review of the administrative official's interpretation of any provision of this ordinance or a request for a
variance.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.Also referred to as the 100-year
flood.Designation on maps always includes the letters A or V.
Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction
to collapse under specific lateral loading forces without causing damage to the elevated portion of the building.
Coastal high hazard area means the area subject to high veloCity waters due to wind,tidal action,storm,tsunami or any similar force,
acting singly or in any combination resulting in a wave or series of waves of sufficient magnitude,velocity or frequency to endanger property
and lives.The area is designated on the FIRM as Zone V1-V30,VE or V.
Development means any manmade change to improved or unimproved real estate,including,but not limited to,buildings or other
structures,mining,dredging,filling,grading,paving,excavation or drilling operations or storage of equipment or materials located within the
area of special flood hazard.
Federal Emerggncy Management Agency is the agency responsible for administration of the National Flood Insurance Program.
Flood or flooding-means a general and temporary condition of partial or complete inundation of normally dry land areas from either the
overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood hazard area means the land in the floodplain having a one percent or greater chance of flooding in any given year.Designation nn
maps always includes the letters A or V.
Flood Insurance Rate Map(FIRM)means the official map on which FEMA has delineated the areas of special flood hazard,the water
surface elevation of the base flood and the flood insurance rate zones.
Floodplain or flood-prone means any land area susceptible to being inundated by water from any source(see definition of"flooding").
Floodway_means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than a designated height,usually one foot,at any point.
Lowest floor means the lowest floor of the lowest enclosed area(including basement).An unfinished or flood-resistant enclosure,usable
solely for parking of vehicles,building access or storage,in an area other than the basement area,is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this
chapter found at section 15.25.050(b)(1)b.
Manufactured home means a structure,transportable in one or more sections,which is built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term
manufactured home also includes park trailers,travel trailers,and other similar vehicles placed on a site for greater than 180 consecutive
days.For insurance purposes the term manufactured home does not include park trailers,travel trailers,and other similar vehicles.
Start of construction includes substantial improvement,and means the date the building permit was issued,provided the actual start of
construction,repair,reconstruction,placement or other improvement was within 180 days of the permit date.The actual start means either
the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings,the installation of piles,the
construction of columns,or any work beyond the stage of excavation;or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation,such as clearing,grading and filling;nor does it include the installation of streets and/or
walkways;nor does it include excavation for a basement,footings,piers,or foundation or erection of temporary forms;nor does it include the
installation on the property of accessory buildings,such as garages or sheds not occupied as dwelling units or not part of the main structure.
Structure means a walled and roofed building including liquid or gas storage tank,as well as a manufactured home that is principally
above ground.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before
damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement means any remodeling,repair,reconstruction or improvement of a structure,the cost of which equals or
exceeds 50 percent of the market value of the structure before the improvement or repair is started or,if the property has been damaged and
is being restored,before the damage occurred.
Variance means a grant of relief from the requirements of this chapter,which permits construction in a manner that would otherwise be
prohibited by this chapter.
(Ord.98-11;Ord.No.2013-010,§ 1,7-8-2013)
15.25.030-General provisions.
A. Lands to which this chapter applies.This chapter shall apply to all flood hazard areas within the corporate limits of the City of
Seward.
B. Basis for establishing flood hazard areas.The areas of special flood hazard identified by the Federal Insurance Administration
in a scientific and engineering report entitled"The Flood Insurance Study(FIS)for the Kenai Peninsula Borough,Alaska and
Incorporated Areas(City of Seward),dated October 20,2016,with accompanying Flood Insurance Rate Map(FIRM)are hereby
adopted by reference and declared to be a part of this chapter.The Flood Insurance Study(FIS)and Flood Insurance Rate Map
(FIRM)are on file at the Community Development Office.
C. Warning and disclaimer of liability The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.Larger floods can and will occur on rare
occasions.Flood heights may be increased by manmade or natural causes.This chapter does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.This chapter
shall not create liability on the part of the City of Seward,any officer or employee thereof,or the Federal Insurance
Administration,for any flood damages that result from reliance on this chapter or any administrative decision lawfully made
thereunder.
D. Abrogation and greater restrictions.This ordinance is not intended to repeal,abrogate,or impair any existing easements,
covenants,or deed restrictions.However,where this ordinance and another ordinance,easement,covenant,or deed
restriction conflict,or overlap,whichever imposes the more stringent restrictions shall prevail.
(Ord.98-11;Ord.No.2013-010,§1,7-8-2013;Ord. No.2016-006,§1,9-12-2016)
15.25.040-Administration.
A. Development permit required.A development permit shall be obtained before construction or development begins within
flood hazard areas established in section 15.25.030B.The permit shall be for all structures and for all other development
including fill and other activities.Application for a development permit shall be made on forms furnished by the administrative
•
official and shall include but not be limited to:plans drawn to scale showing the nature,location,dimensions,and elevations of
the area in question;existing or proposed structures,fill,storage of materials,drainage facilities,and the location of the
foregoing.Specifically,the following information is required:
1. Elevation in relation to mean sea level,of the lowest floor(including basement)of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria in section 15.25.0506.2.;
4. Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development.
B. Duties and responsibilities of the administrative official. Duties of the administrative official shall include,but not be limited to:
1. Permit review.
a. Review all development permit applications to determine that the permit requirements have been met.
b. Review all development permit applications to determine that all necessary permits have been obtained from those
federal,state,or local governmental agencies from which prior approval is required.
c. Review all development permits applications to determine if the proposed development is located in the floodway.If
located in the floodway,assure that the encroachment provisions of section 15.25.050 C.1.are met.
2. Issue permit.
a. Upon determination that the submitted and recorded information connected with the permit application meets the
terms of this chapter,the administrative official shall issue a floodplain development permit to the original applicant.
b. The floodplain development permit shall be valid for a period of one year from the issue date.
c. The floodplain development permit is not assignable without permission from the administrator.
3. Use of other base flood data.When base flood elevation data has not been provided in accordance with section
15.25.0306,basis for establishing the flood hazard areas,the administrative official shall obtain,review,and reasonably
utilize any base flood and floodway elevation data available from a federal,state or other source,in order to administer
subsections B.specific standards and C.floodways of section 15.25.050.
4. Information to be obtained and maintained,
a. Where base flood elevation data is provided through the flood insurance study or required in subsection B.3.of this
section,record the actual elevation as submitted(in relation to mean sea level)of the lowest floor(including
basement)of all new or substantially improved structures,and whether or not the structure contains a basement;
b. For all new or substantially improved floodproofed structures:
i. Verify and record the actual elevation(in relation to mean sea level);and
ii. Maintain the floodproofing certifications required in section 15.25.040A.3.
c. Maintain for public inspection all records pertaining to the provisions of this chapter.
5. Alteration of watercourses.
a. Notify adjacent communities and the State of Alaska,Department of Community and Regional Affairs prior to any
alteration or relocation of a watercourse,and submit evidence of such notification to the Federal Insurance
Administration.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-
carrying capaCity is not diminished.
6. Interpretation of FIRM boundaries. Make interpretations where needed,as to exact location of the boundaries of the
areas of special flood hazards.The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in section 15.25,060.
7. Permit fee.The City may charge fees for permits and variances.Fees shall be established by resolution of the City Council
to be paid by the applicant at the time that the floodplain development permit application is submitted.
(Ord.98-11)
15.25.050-Provisions for flood hazard reduction.
A. General standards. In all flood hazard areas,the following standards are required.
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation,collapse,or lateral
movement of the structure.
b. All manufactured homes must be anchored to prevent flotation,collapse or lateral movement,and shall be installed
using methods and practices that minimize flood damage.Anchoring methods may include,but are not limited to,
use of over-the-top or frame ties to ground anchors.
2. Construction materials and methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment
resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize
flood damage.
c. Electrical,heating,ventilation,plumbing and air-conditioning equipment and other service facilities shall be designed
and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components
during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters
into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into floodwaters;and
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during
flooding.
4. Subdivision proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood damage.
b. All proposed improvements such as water,sewer,natural gas,telephone and electrical facilities shall be located and
constructed in a manner which will minimize damage in the event of a flood.
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
d. Where base flood elevation data has not been provided or is not available from another authoritative source,it shall
be generated for,and included in,subdivision proposals which contain greater than 50 lots or five acres,whichever
is less.
5. Review of building-permits.Where elevation data is not available,applications for building permits shall be reviewed to
assure that proposed construction will be reasonable safe from flooding.The test of reasonableness is a local judgment
and includes use of historical data,high water marks,photographs of past flooding,etc.,where available.Failure to
elevate at least two feet above grade in these zones may result in higher insurance rates.
B. specific standards. In all flood hazard areas where base flood elevation data has been provided as set forth in section
15.25.030B.,the following provisions are required:
1. Residential construction.
a. New construction and substantial improvement of any residential structure shall have the lowest floor,including
basement,elevated to or above the base flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,or shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional engineer or architect or
must meet or exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens,louvers,or other coverings or devices provided that they permit the
•
automatic entry and exit of floodwaters.
c. For zones AH and AO,drainage paths are required around structures on slopes to drain floodwaters away from
proposed structures.
2. Nonresidential construction. New construction and substantial improvement of any commercial,industrial or other
nonresidential structure shall either have the lowest floor,including basement,elevated to the level of the base flood
elevation;or,together with attendant utility and sanitary facilities,shall:
a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable
to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the administrative official as set forth in section 15.25.040B.4.b.
d. Nonresidential structures that are elevated,not floodproofed,must meet the same standard for space below the
lowest floor as described in section 15.25.050B.1.b.
e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on
rates that are one foot below the floodproofed level(e.g.a building constructed to the base flood level will be rated
as one foot below that level).
f. For zones AH and AO,drainage paths are required around structures on slopes to drain floodwaters away from
proposed structures.
3. Manufactured homes.
a. All manufactured homes to be placed or substantially improved within zones Al-30,AH and AE shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation
and be securely anchored to an adequately anchored foundation system in accordance with the provisions of
15.25.050A.1.b.
b. When in an existing manufactured home park,for any new or substantially improved manufactured home its chassis
shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are no less
than 36 inches above grade and be securely anchored so as to resist flotation,collapse,and lateral movement.
4. Recreational vehicles.For any recreational vehicle placed on sites within Zones A1-A30,AH,and AE,it must be on site less
than 180 consecutive days,or be fully licensed and ready for highway use,or meet the requirements of section 15.25.050
A.1.through 5.and section 15.25.050 B.1.through 3.A recreational vehicle is ready for highway use if it is on its wheels or
jacking system,is attached to the site only by quick disconnect type utilities and has no permanently attached additions.
C. Floodways.Locations within flood hazard areas established in section 15.25.030B.are areas designated as floodways.Since the
floodway is an extremely hazardous area due to erosion potential and the velocity of floodwaters which carry debris,the
following provisions apply:
1. All encroachments,including fill,new construction,substantial improvements,and other development are prohibited
unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall
not result in an increase in flood levels during the occurrence of the base flood discharge.
2. If section one of this subsection is satisfied,all new construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of this section.
D. Coastal high hazard areas.Located within flood hazard areas established in 15.25.030B.are coastal high hazard areas,
designated as Zones V1-V30,VE and/or V.These areas have special flood hazards associated with high velocity waters from
tidal surges and,therefore,in addition to meeting all provisions in this ordinance,the following provisions shall also apply:
1. All new construction shall be located landward of the reach of mean high tide.
2. All new construction and substantial improvements within Zones V1-V30 and VE(V if base flood elevation data is available)
shall be elevated on adequately anchored pilings or columns such that:
a. The bottom of the lowest horizontal structural member of the lowest floor(excluding the pilings or columns)is
elevated to or above the base flood level;and
b. The pile or column foundation and structure attached thereto is anchored to resist flotation,collapse and lateral
movement due to the effects of wind and water loads acting simultaneously on all building components.Wind and
water loading values shall each have a one percent chance of being equaled or exceeded in any given year(100-year
mean recurrence interval);and
c. A registered professional engineer or architect shall develop or review the structural design,specifications and plans
for the construction and shall certify that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions of sections 2.a.and 2.b.of this subsection.
3. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or
constructed with breakaway walls.Such temporarily enclosed space shall not be used for human habitation.For the
purpose of this section,a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than
20 pounds per square foot.Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per
square foot(either by design or when so required by local or state codes)may be permitted only if a registered
professional engineer or architect certifies that the designs proposed meet the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood;and
b. The elevated portion of the building and supporting foundation system shall not be subject to collapse,
displacement,or other structural damage due to the effects of wind and water loads acting simultaneously on all
building components(structural and nonstructural).Maximum wind and water loading values to be used in this
determination shall each have a one percent chance of being equaled or exceeded in any given year(100-year mean
recurrence interval).
4. The use of fill for structural support of buildings within Zones VE,V1-V30,and Von the FIRM is prohibited.
5. For any recreational vehicle placed on sites within Zones V1-V30,V,and VE,it must be on the site less than 180
consecutive days,or be fully licensed and ready for highway use,or meet the requirements of section 15.25.050A.1
through 5.and section 15.25.0506.1.through 3.A recreational vehicle is ready for highway use if it is on its wheels or
jacking system,is attached to the site only by quick disconnect type utilities and has no permanently attached additions.
(Ord.98-11;Ord.No.2013-010,§1,7-8-2013)
15.25.060-Appeal and variance procedure.
(a) Appeal board.
(1) The Seward Planning and Zoning Commission(commission)shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(2) The commission shall hear and decide appeals when it is alleged there is an error in any requirement,decision,or
determination made by the administrative official in the enforcement or administration of this chapter.
(3) Those aggrieved by the decision of the Commission,or any taxpayer,may appeal such decision to the City Council sitting
as Board of Adjustment,as provided in AS 29.40.050.
(4) In passing upon such applications,the commission shall consider all technical evaluations,all relevant factors,standards
specified in other sections of this chapter,and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the
individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location,where applicable;
f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with the existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights,veloCity,duration,rate of rise,and sediment transport of the floodwaters and the effects of
wave action,if applicable,expected at the site;and
•
k. The costs of providing governmental services during and after flood conditions,including maintenance and repair of pi.
facilities such as sewer,gas,electrical,and water systems,and streets and bridges.
(5) Upon consideration of the factors of subsection(a)(4)of this section and the purposes of this chapter,the commission
may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter;
(6) The commission shall maintain the records of all appeal actions and report any variances to the Federal Insurance
Administration upon request.
(b) Conditions for variances.
(1) Generally,the only condition under which a variance from the elevation standard may be issued is for new construction
and substantial improvements to be erected on a lot of Y acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,providing subparagraphs(a)through(k)of subsection(a)(4)of
this section have been fully considered.As the lot size increases the technical justification required for issuing the
variance increases.
(2) Variances may be issued for the reconstruction,rehabilitation,or restoration of structures listed on the National Register
of Historic Places without regard to the procedures set forth in this section.
(3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge
would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary,considering the flood
hazard,to afford relief.
(5) Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
c. A determination that the granting of a variance will not result in increased flood heights,additional threats to public
safety,extraordinary public expense,create nuisances,cause fraud on or victimization of the public or conflict with
existing local laws or ordinances.
(6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they
pertain to a physical piece of property;they are not personal in nature and do not pertain to the structure, its inhabitants,
economic or financial circumstances.They primarily address small lots in densely populated residential neighborhoods.
As such,variances from the flood elevations should be quite rare.
(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of
floodproofing than watertight or dry-flood proofing where it can be determined that such action will have low damage
potential,complies with all other variance criteria except subsection(b)(1)of this section,and otherwise complies with
section 15.25.060(a)and(b).
(8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built
with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
(Ord.98-I I)