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HomeMy WebLinkAbout10202020 Planning & Zoning Work Session Packet Planning and Zoning Commission -Work Session October 20, 2020 6:00 PM City Council Chambers Topic:Discussion of Title 15 Definitions pertaining to Dwelling, Lodging, and Housing PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC PARTICIPATION AT THE October 20, 2020 SEWARD PLANNING AND ZONINIG COMMISSION WORK SESSION The Seward Planning and Zoning Commission will hold a Virtual Work Session on Tuesday, October 20, 2020 at 6:00 PM in City Council Chambers. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 ( COVID- 19), alternate methods for providing Citizen Comments and Public Participation have been created: How to Attend the Work Session in person: Due to the size of the Council Chambers and the required social distancing no more than 5 members of the community can be in the room at one time with the commission. If there are more people interested in attending in person groups of 5 will be rotated in from distanced waiting stations in the hall. • Participants will be required to wear a face covering during the meeting. • Participants will be required to use provided hand sanitizer on entry to Council chambers • Participants will be required to sign in, and have their temperature taken upon entry How To Virtually Attend The Meeting 1. The meeting will be Live Streamed on the city' s YouTube page. Log onto YouTube and type City of Seward Alaska" into the search bar. 2. Watch on television. Tune into GCI Cable Channel 9. How To Submit Your CITIZEN COMMENTS 1. Email your written Citizen Comments to plannincj a�cityofseward.net no later than 2:00 p.m. on Tuesday, October 20, 2020. Identify whether you want your comments READ ALOUD at the meeting or EMAILED to the commission upon receipt. Comments requested to be read aloud will be delivered verbally to council by the Planner at the appropriate time during the meeting. In response to your email, you should expect to receive a verification email from the Planner—if you do not receive this email, please call the Planner at 224-4020. 2. If you wish to be called on the telephone during the meeting to provide your comments telephonically, send an email request to the Planner along with your contact information to plannincj(Wcityofseward.net, including your full name and the telephone number you wish to have called. The Planner must receive your request no later than 2:00 p.m. on September 15, 2020. Identify whether you wish to be called during the TELEPHONE citizen comment period. Please be prepared to answer your phone starting at 6:00 p.m. In response to your email, you should expect to receive a verification email from the Planner—if you do not receive this email, please call the planner at 224-4020. All Citizen Comments will be timed and limited to three minutes. The telephone number will be called ONE time; if there is no answer, the Planner will move on to the next citizen. Thank You For Your Cooperation! There has been discussion concerning the number of definitions for different residential uses is too large and confusing. Currently these Definitions are split into three (3) different categories pertaining to Dwellings, Housing, and Lodging. Dwellings City of Seward Alaska Dwelling. A building designed or used exclusively as living quarters for one or more families. 1. 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. 2. Apartment, commercial building. An apartment located within a building designed to accommodate a mix of residential and commercial uses. 3. 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. 4. 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. 5. Apartment, studio. A small apartment less than 500 square feet with a fully functional kitchen and bathroom. 6. 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. 7. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. City of Homer Alaska Definitions: 1. "Dwelling" or"dwelling unit" means any building or portion thereof designed or arranged for residential occupancy by not more than one family and includes facilities for sleeping, cooking and sanitation. 2. "Dwelling, duplex" means a building designed or arranged for residential occupancy by two families living independently, the structure having only two dwelling units. 3. "Dwelling, factory built" means a structure containing one or more dwelling units that is built off-site, other than a manufactured home, and: (1) is designed only for erection or installation on a site-built permanent foundation; (2) is not designed to be moved once so erected or installed; and (3) is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a State or local modular building code recognized as generally equivalent to building codes for site-built housing. 4. "Dwelling, multiple-family" means a building or a portion thereof designed for residential occupancy by three or more families living independently in separate dwelling units. 5. "Dwelling, single-family" means a detached dwelling unit designed for residential occupancy by one family. City of Kenai Alaska Definitions: 1. "Condominium" means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. 2. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one-family, two-family and multiple-family dwellings, but not including any other building wherein human beings may be housed. 3. "Dwelling, multiple-family" means any building containing three (3) or more dwelling units. 4. "Dwelling, one-family" means any detached building containing only one (1) dwelling unit. 5. "Dwelling, two-family" means any building containing only two (2) dwelling units. 6. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. 7. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development standards for manufactured housing and is wider than sixteen (16) feet, has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. 8. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. 9. "Mobile home park" means a site with required improvements and utilities for the long-term parking of mobile homes which may include services and facilities for the residents. 10. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to KMC Title 4, is transported to the site and then assembled and placed on a permanent foundation. City of Juneau Alaska Definitions: 1. Duplex means a building on a single lot containing two dwelling units, each of which, except for a common stairwell exterior to both dwelling units, is separated from the other by an unpierced wall extending from floor to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall. 2. Dwelling means a building or portion thereof, used exclusively for human habitation. 3. Dwelling, attached, means a one-family dwelling attached to one or more single-family dwellings by common walls. 4. Dwelling, common wall, means a single-family dwelling attached by a common wall to one other single-family dwelling on a separate lot. 5. Dwelling, detached, means a dwelling which is not attached to any other dwelling by any means. 6. Dwelling, multifamily, means a building designed for or occupied by three or more families. 7. Dwelling, single-family, means a detached dwelling which is designed for and occupied by not more than one family. 8. Dwelling unit means a residential use consisting of a building or portion thereof, providing independent and complete cooking, living, sleeping and toilet facilities for one family. 9. Manufactured home means, for purposes of sections 49.70.400-49.70.410, 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. 10. Townhouse means a single-family dwelling in a row of at least three such dwellings, in which each dwelling has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from every other unit by one or more common fire resistant walls. Housing City of Seward Alaska Housing. Structures providing housing for groups of people, such as students, employees or nursing home residents. 1. 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. 2. Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. 3. 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. 4. 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. 5. 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. City of Juneau Alaska Definitions: Transitional housing means a residential use for people released from a correctional facility or similar facility. Residents may be on probation and parole. Although approval by the Department of Corrections may be necessary for a resident to reside in transitional housing, unlike a correctional facility, a resident is not ordered to live in transitional housing. An owner or manager must live on site. Lodging City of Seward Alaska 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. 1. 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. 2. 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. 3. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. 4. 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. 5. 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. City of Homer Alaska Definitions: 1. "Guest room" means a single unit for the accommodation of guests without kitchen or cooking facilities in a bed and breakfast, rooming house, hotel or motel. 2. "Guesthouse" means an accessory building without kitchen or cooking facilities and occupied solely by nonpaying guests or by persons employed on the premises. 3. "Lodging" means any building or portion of a building that does not contain a dwelling unit and that contains no more than five guest rooms that are used, rented or hired out to be occupied for sleeping purposes by guests. 4. "Rooming house" means a dwelling containing not more than five guest rooms that are used, rented or hired out to be occupied for sleeping purposes by guests. A rooming house shall not accommodate in excess of 15 guests. A rooming house shall also include any structures associated with the dwelling, such as guest cabins; provided, that a conditional use permit was obtained for any associated structures, if a permit is required in order to have more than one building containing a permitted principal use on the lot. "Rooming house" does not include bed and breakfast. 5. "Bed and breakfast" means a dwelling in which an individual or family resides and rents bedrooms in the dwelling to overnight guests, if the bed and breakfast use is accessory to the principal use of the dwelling as the primary residence of the operator. If the dwelling has six or more bedrooms available for rental to overnight guests it is a hotel and not a bed and breakfast. 6. "Hostel" means any building or portion of a building containing dormitory-style sleeping accommodations for not more than 15 guests that are used, rented or hired out on a daily or longer basis. 7. "Hotel" or"motel" means any building or group of buildings containing six or more guest rooms that are used, rented or hired out to be occupied for sleeping purposes by guests. "Hotel" or "motel" also means any building or group of buildings containing five or less guest rooms that are used, rented or hired out to be occupied for sleeping purposes by more than 15 guests. The terms "hotel" and "motel" exclude bed and breakfast, rooming house, dormitory, shelter for the homeless, and hostel. City of Kenai Alaska Definitions: 1. "Bed and breakfast" means a residential, owner-occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. 2. "Boarding house" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. 3. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. 4. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. 5. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. 6. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. 7. "Motel" means a group of one (1) or more detached or semi-detached buildings containing two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. City of Juneau Alaska Definitions: 1. Bed and breakfast means a dwelling in which more than two bedrooms are used for commercial lodging provided by the owner or operator who lives on site. The term "bed and breakfast" includes boardinghouses and rooming houses. 2. Boardinghouse and rooming house mean a dwelling in which more than two bedrooms are used for commercial lodging provided by the owner or operator who lives on site. The term "boardinghouse and rooming house" includes houses offering bed and breakfast. 3. Motel means an establishment providing transient accommodations containing six or more rooms, at least 25 percent of which have direct access to the outside, without the necessity of passing through the main lobby of the building. 4. Single-Room Occupancy with private facilities means a dwelling unit composed of a private bathroom and a combined kitchen, living, and sleeping area, designed for occupancy by a single person. 5. Single-Room Occupancy with shared facilities means living and sleeping space for the exclusive use of one occupant, with shared sanitary and/or food preparation facilities for all occupants of the development. 1 RESIDENTIAL 1.1 Single-family dwellings 1.11 Single-family detached, one dwelling per lot 1.12 Single-family detached,two dwellings per lot 1.13 Single-family detached, accessory apartment X 1.14 Single-family detached,two dwellings per lot, accessory apartments X 1.2 Duplex 1.3 Multifamily dwellings 1.6 Miscellaneous, rooms for rent situations Rooming, boarding houses, bed and breakfasts, single room occupancies with shared facilities,transitional housing, and temporary residences. Owner or manager 1.61 must live on site. 1.62 Hotels, motels 1.63 Single room occupancies with private facilities 1.7 Home occupations 1.8 Mobile homes 1.81 Residential mobile homes on individual lots E 1.815 Caretakers mobile homes on individual lots E 1.82 Mobile home parks E 1.83 Mobile home subdivision E 1.84 Recreational vehicle parks F 1.9 Common wall development 1.91 Two dwelling units 1.911 Accessory apartments X 1.92 Three or more dwelling units Two dwelling unit structures allowed under special density considerations, 1.93 subsections 49.25.510(h) Lodging specific to short term rentals have been defined in different ways a couple examples from outside the State 1 thought would contribute to the discussion include. Washington DC Identifies 2 types of short-term rental (lodging), room rentals and property rentals To legally operate short-term rental, all hosts must register with the city. For those who wish to rent out an entire property, they must obtain an additional "vacation rental" endorsement. Chicago, IL The city classifies the advertising platforms as well as the short term rentals 1. "Short-term rental intermediary" refers to platforms that primarily list shared housing units, like Airbnb; 2. "advertising platform" refers to sites that primarily list vacation rental or bed and breakfast, such as VRBO and HomeAway. Austin, TX The city categorizes 3 types of STIR: 1. Type 1: Owner-Occupied (single-family, multifamily or duplex) 2. Type 2: Not Owner-Occupied (single-family or duplex) 3. Type 3: Not Owner-Occupied (multifamily)