HomeMy WebLinkAboutOrd1996-005
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Sponsored by: Planning & ZoninQ: Commission
Introduction Date: January 22 1996
Public Hearing Date: February 12 1996
CITY OF SEWARD, ALASKA
ORDINANCE NO. 96-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE
CHAPTER 15.10, SEWARD ZONING CODE, RELATING
TO TRANSIENT MERCHANTS
WHEREAS, as recommended by the Seward 2010 Comprehensive Plan, the Zoning Code
was amended in 1994 to require that transient merchants obtain a Conditional Use Permit from the
Planning Commission prior to operation within the City of Seward; and
WHEREAS, the administration and the Planning Commission have concluded that the City
business license provides sufficient means for ensuring compliance with all applicable federal, state
and local laws, thus eliminating the need for transient merchants to obtain Conditional Use Permits;
and
WHEREAS, it is in the public interest to establish development standards and operating
criteria for transient merchants operating within the City of Seward to protect the public health, safety
and welfare of the community; and
WHEREAS, there is a need to revise Title 15 of the Seward City Code to address these
concerns; and
WHEREAS, the Planning Commission has approved Resolution No 95-23, recommending
the enactment of the Code provisions contained in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. SCC Section 15.10.140, Subsection B., is hereby amended by deleting the
definition of "Vending, mobile unit" and by adding the following new definitions:
15.10.140 Definitions.
B. Specific definitions. . . .
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.
Temvorary structure" A structure without any foundation or footings
and that is removed when the designated time period, activity or use for which the
temporary structure was erected has ceased
CITY OF SEWARD, ALASKA
ORDINANCE NO. 96-05
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.
Vehicle. motor. A self-propelled device used for transportation of
people or goods over land surfaces and licensed as a motor vehicle.
Section 2. SCC Section 15.10.140, Subsection B., is further amended by revising the
definition of "transient merchant" to read as follows:
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 non-profit
within the city by operating on a door-to-door, street comer 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.
Section 3. SCC Section 15.10.225 is hereby amended by adding a new Subsection C. to read
as follows:
15.10.225 Land uses allowed
C. Transient merchants as defined in Section 15.10.140 B. of this
chapter and which are allowed in accordance with Table 15.10.225 are subject to
the following development requirements:
1. For purposes of this chapter, such use shall be limited to a
period not exceeding 150 consecutive days in a calendar year.
2. 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.
3. Transient merchants using vehicles and trailers in the
operation of transient business activities authorized by this ehapter 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.
4. Prior to operation, vehicles and trailers utilizedfor transient
merchant purposes shall have blocked tires and be fully skirted to match the
temporary structure.
5. Any additions, including but not limited to porches, platforms
and decks, shall be sided or painted to match the temporary structur.e prior to
operation.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 96-05
6. Every transient merchant shall provide sufficient trash
receptacles on site and ensure the proper disposal of all garbage collected on the
site.
7. The use of generators is prohibited
8. No transient merchant shall conduct business on property
owned or operated by the city except in accordance with ehapter 8.10 of this eode.
9. Transient merchants shall conform to all federal, state and
local laws.
Section 4. SCC Table 15.10.225 is hereby amended by deleting "Vending, mobile street"
from the table and by revising the use designated as "Merchant, transient" so as to allow the use
outright in the AC, HC, CB, and I zoning districts and to prohibit this use in all other zoning districts.
Section 5. This ordinance shall take effect ten (10) days following its enactment.
l;loth. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
~ day of February, 1996.
THE CITY OF SEWARD, ALASKA
W(~
Loui~A. Bencardino, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Crane, Deeter, Keil, Sieminski
King
None
None
ATTEST:
APPROVED AS TO FORM:
'a--~~'~~lDo(2~
~(Linda S. MurphY,.~9M~P~,
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Wohlfarth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
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City Attorney
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