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HomeMy WebLinkAbout06012021 Planning & Zoning Work Session PacketPlanning and Zoning Work Session Complete Review of the 2014 Municipal Land Use Plan; Start Review of the Land use Table and Definitions, In Conjunction with the Uses of Light and Heavy Manufacturing June 1, 2021 at 6:00 p.m. City Council Chambers 1 2014 Municipal Land Use Plan: See work session packet from May 4, 2021 Land Use Table: 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 15.10.140B. 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(B)(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. 2 (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 15.10.140B. 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 (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) Reserved. (g) Livestock as defined in section 15.10.140B. 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.B.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 5 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 Shand no later than September 30 lh 0) 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. 0 (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, tol 15.10.226, as herein set out. 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 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 7 P = Parks Table 15.10.226. Land Uses Allowed KEY: O - Use Permitted Outright H - Home Occupation C - Use Requires Conditional Use Permit P - Use Requires Administrative Permit Blank - Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R R1 R2 R3 U R O R A C H C C B I R M IN S P Accessory building O O O O O O O O O O O O O Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, title, real estate, etc. O O O O O Agriculture O Airport and related services O C Amusement or recreation facility O O O Animal shelter O C C Antenna, personal TV, satellite dish O O O O O O O O O O O O Art gallery O O O O O M Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R1 R2 R3 U O A H C I R IN R R R C C B M S P Assemblages, P P P P P P P temporary large, i.e., circus, fair Attraction, permanent C C C C C major visitor Auditorium O O O Auto repair, i.e., C O mechanic, glass body, upholstery Auto service/gas station O O O Auto/RV sales and O O O rentals Boat sales O O O Boat, commercial O O building/fabrication Boat, harbor/marina C C C C C Boat, repair and O O O C maintenance Boat, storage O O O C commercial Bulk material, i.e., C C concrete, gravel, sand, asphalt Business, marine retail O O O O C sales and service Business, package O O O liquor Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R R1 R2 R3 U R O R A C H C C B I R M IN S P Business, retail sales and service O O O O Business, retail sales and service, industrial O Campground, municipal C/ P C/ P C/ P C/ P Campground, camper park, private C/ P C/ P C/ P Campground, employee C/ P Car/boat wash O O O Cemetery O C O Center, community/civic O O C C Center, mariner's O O O O Center, senior or teen C C C O O C C Child care, licensed center C C O O O C Child care, licensed home O O O O O O O O O Church C C C C C C O O O O Clinic, medical O O O O O Clubs, fraternal/lodges/social/v eterans C O O C Cluster subdivision C C C 10 Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R1 R2 R3 U O A H C I R IN R R R C C B M S P Commercial C C C C C C Communications tower less than 16 feet diameter or 75 feet in height Commercial C C C Communications tower 16 feet diameter or greater than 75 feet in height Correctional/prison C C C C facility Crematory O Docks/wharves, O O C C industrial cargo Dock, passenger O O O C O Drinking establishment, C C C i.e., bar, nightclub, lounge Drive-in facility —Fast C C C C C food, banking, etc. Dwelling, apartment in a O O O O O C commercial building (limited to one unit) Dwelling, apartment in a O O C C commercial building (two or more units) Dwelling, apartment, O O O O O O O efficiency or accessory Dwelling, apartment, C C C C C C studio 11 Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R1 R2 R3 U O A H C I R IN R R R C C B M S P Dwelling, attached C C C C C C C single-family, i.e., townhouse, row Dwelling, condominium C C C C C C C Dwelling, detached O O O O O O O C C single-family Dwelling, group home O O O O O O C Dwelling, guest house O O C Dwelling, multi -family (3 C C C C C C C or more units) Dwelling, two-family or O O O O O C C duplex Dwelling, watchman or O C caretaker Emergency services, C C C C C C O C O O C O pub/vol; i.e., fire, ambulance, rescue Financial institution, i.e., C O O bank, S&L Flea market, open air C C C retail other than occasional Fuels, bulk storage and C sales Golf course O O C Golf driving range O O O O C 12 Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R1 R2 R3 U O A H C I R IN R R R C C B M S P Greenhouse/nursery— O O O Commercial Grocery, convenience C C C O O O O store Grocery, supermarket, O O foodmart Health club C C O O O Home occupation O O O O O O O O O O Hospital C C House rental on a P P P P P P nightly basis Housing, bunkhouse C C C Housing, dormitory O O Housing, nursing, C C C retirement, convalescent Kennel, commercial, INTENTIONALLY LEFT BLANK musher or fancier Laundry, dry cleaning O C O O Library O O O O Livestock, excluding P P chickens and rabbits Livestock, chickens and P P P P P P P P P rabbits Lodging, B&B, rooms, H/ H/ H/ H/ H/ O/ O/ O/ O/ duplex and accessory P P P P P P P P P apartment 13 Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R R1 R2 R3 U R O R A C H C C B I R M IN S P Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, inn C O C C Lodging, multifamily dwelling apartment P P P P P P P Lumber yard/building supply C O C Manufacturing— noxious, heavy C Manufacturing, light fabrication, assembly C O Merchant, transient O O O O Mobile home park C/ P Mobile home, residential, not in park INTENTIONALLY LEFT BLANK Mobile home sales O O Mobile medical unit O O O Mobile vendor P P P P P P P P P P P Mortuary/funeral home O O O Museum C O O O O O Office, boat charter, guide O O O O O C Office, business or professional O O O O O 14 Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R1 R2 R3 U O A H C I R IN R R R C C B M S P Office, O O O O O O O government/quasi- government administration Office, mobile/temporary P P P P P P P P P P P P P on construction site Office, home, O O O O O professional Parking lot C C O O O O O O O O Personal services, i.e., O O O O beauty, shoe, tailor Planned unit C C C C C C development Playground, public tot lot O O O O O O O O O O O Railroad C C C C Recreation, commercial O O O C indoor, i.e., bowling, skating Recreation, outdoor, i.e., O C C C miniature golf Recreation, shooting C C C range Recycling center C C O C Recycling, self-service O O O O O O O O drop-off point Repair service, i.e., C C O large appliance 15 Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R1 R2 R3 U O A H C I R IN R R R C C B M S P 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 O O O O O C service, catering, brew pub Rooming or boarding O/ O/ O/ O/ house P P P P Roving Vendor P P P P P P P P P P P Salvage —auto, C wrecking, scrap, 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 O O C O C Seafood processing, C C C C i.e., canning, rendering Shop, i.e., welding, C C O sheetmetal, machine, steel fab. 16 Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R R1 R2 R3 U R O R A C H C C B I R M IN S P Shop, i.e., wood, signs, cabinet, upholstery C C O C O Shopping center (mall) C C Solid waste disposal, i.e., baler, transfer, landfill C C C Storage, container P P P P O P Storage, explosives P Storage, outdoor, yard, material/equipment C O O C Storage, self service O O O O Storage, warehouse and distribution O O O C C Studio, radio/television C O O O O C Tanks, aboveground associated with service station C C O Taxidermy O O O O O Terminal, i.e., bus, truck, freight O C O C Terminal, marine/boat passenger O C O O C Theater, concert, movie O O Tool/equipment rental O O Temporary structure P P P P P P P P P P 17 Zoning Districts Principally Residential Principally Commercial Principally Public Uses R R1 R2 R3 U O A H C I R IN R R R C C B M S P Utility facility, public C C C C C C O O O O O O electric, water, sewer, etc. Vehicle impound lot O O Vending machine repair, O O C storage Veterinary hospital C C C Wind Energy O O O O O O O O O O O O O Conversion 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; Ord. No. 2019-007, § 1, 3-26-2019; Ord. No. 2020-012, § 1, 10-12- 2020) Editor's note— Ord. No. 2018-002, § 4, adopted May 14, 2018, renumbered § 15.10.225 to 15.10.226, as herein set out. 18