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08202019 Planning & Zoning Work Session Packet
City of Seward Planning and. Zoning Work Session Accessory Dwelling Units (ADU) 0 4 ❑ o ❑ No ❑ Q ❑ Over the Garage Garage Conversion ❑ ❑ ❑ o o El Stand-Alone Unit Hasempot or Attic Conversion August 20, 2019 HOUSINGt r Accessory, n Pwellh g Units, Tooffor Provid i ng Afforda bl e H! • By Jaimie Ross,President&CEO of the Florida Housing Coalition An accessory dwcllingunit fAl)L';is a residential unit than Oi-dinarily, the accessory dwelling tnlit is sttiallcr than is secondary-to the priinary residence of ill(-homcOWlicr.It ill(-priillary residence of tlic horiwowner. But,ifperrriit- can be.all apal-tnlent widlill the primal-y residence oi•it cats Led by tlie.. local goverlilnent, the n-wne°r )nay choose be all attached or ftrestatldtiig home on the same°lot as tllc to live ill the sirlatller ullit and rent out wilat was the priniary reside.ncc.'I'll(-roncept of an accessory divclfilig priniary residence.Al first bills]) this arl'angellIVIlt play unit is to have an additiotial completc residence,nlcaniug semi odd, but in [lie cast' of a [linlily that tioAv has a a place for sleeping,bathing,and catilig independent of the sitigic eldcl'ly incinber living ail a fixed iricotlac., this pi-iinary fulmc.An ADD-is a tool for prod idiiig afliirdable arraiigcnient can provide the pc i-cct afl`clydablc living rental housing and protlirxing smart growth.'I'hc"v stuallel- solution; a more appi-opriately sized living space and a liousi ig units are t1'pleallN'li1I1I1 units built where there is btgllei'rental inconlc. existnlg ittf rastrtictuiv,iliakiilg greater use of the already developed land. .1ARP engaged t11c Anierican Planning Association is(,(, resourc(s sicicbaron Rage 20)to cirvelop a nlocicl state act The Value of an Accessory Dwelling Unit and local ordinance as a resmil'cc fbr iriect'ing the aflilrcl- An acccssol-y-dwelling unit creates of tit-clable housing in able: neccls of elder Aniericatis. Al)['s arc particularly (wo ways: the secondary(accessor}') thvelling is a small wvell suited fai•lowci'inconlc cldci-ly because.in adclition ITIM0 Unit that "vill ol-dill161y rent at a pi-Ice-withitl lllc to itici-easing affordability, (lie elclerly horiwo Iwi-Ina\' llicatls oflol%-(.r Inconic persons,,at 11117 S21111C lull(:,tllC rental ells()obtaitl coillpallioll5ltip mid needed services froiii ill(- Illcollic froill Ills accessory d\ (7lliilg iiilit can t'Cl der the tetlallL Ill ill('AM:.'1 llC tlSC of AIX-s Can aISSiSI the CICIC'I'l)- primary residence.mart aflilydahlc by virtue of the inconlc to "age ill place". All example of this cited ill the Public it gcnez-ates for the resident owner of the primary residencc. l'nlicy Instittice lnllali(-ati011 is fi-oin Dah-City, Califorilia: r " ti r ry r ■ rn � e This cottage is an example of a detached accessory dwelling unit built in the side/backyard with roof fines,colors,and architectural design that matches the larger primary home. HOUSING NEWS NE'IWORK `JOLUVE 32.ISSUE 2 1 AUGJST 201E 71 "One homeowner with_1lAcinic iA Nvas able to trade AD-12 flat"or"mother-in laic"suite to accommodate,ininiedialC quarters for medical services from all AIRL:tenant,a nurse., family mcmbers.The local zoning code may also limit tile who was also delighted by the arrangeme:nts." accessory dwelhtlg use by proscribing separate metering of the accessory dwelling unit.In short,there]lia)-be.a nuillber Permitting accessory dwellhig units is a way for government of land use regulations to ove.rconic. Another obstacle to to create all ellvll'onrnent I'll winch the pl'1yatc sector call ADLTs may be neighborhood or community resistallce.The produce affordable housing,Wilhout haying to Invest public owners of'single fti ily Moines may ol)jcct to havlllg r(:llt(Irs dollars. Removing the land u,,c barriers which prevent in their neighborhood they Inay fi ar increased traffic and accessor}`dwelling tnlits frr)nl bring built ma} be all that pal-king,or perceive a tlneat to their property c iil(ic•. loral government needs to do for of lilydable accessory-dive•11- lllg 1i11itS to be.betllt.This 1S al'l CX,11111)IC of 110AV regulatory Promotion ofADus as an refbi-in ran increase the supply of alfordable housing. Affordable Housing Strategy When tale 5I I111 Legislation was adopted in 1992*,included However, il'the purpose ill permitting accessory dwcIl- in the list of regulatory relbrin items fi)r consideration ly- ing units is to increase the supply all SH11' jurisdictions (all counties of affordable housing,local govcrn- gild ciultlelnent. cities ill Florida, ments lived to be tlloughtft.11 about was permitting accessory dwelling the lll,Lnncr in which ADI:s are Permitting accessory units ill all residential areas. -Most I)Crinittc•ci. Willmar conditions dwelling units is a way _jurisdictions did not opt to include placed upon tile. use of:1DUs, the L1liS incentive,but a number of.jitris- garage apartrnent in all expensive for government to create dictions in Florida clo make some or desirable rhea could end lip an an environment in which pr()vlsion fin arcessoiy cicrellingunits. "illegal vise such as ,I ]led aIld 131•cakfast. If local governments the private sector can Ili 2004, Chapter 163 Norida want (1) encourage tilt production produce affordable Statutes, was alneuded to include of'Al.-ATs fior afli)rdable housing, it Section 163.31711 entitled load program to assist the hone- housing, without having "rvccessory ctwclling units." Tile owner in developing the unit is to invest public dollars, lacy crtcouragcs local governments an eflcctivc wa} elf providing an in I'lot-ida,cspvc'ially those in urban incentive for cleyrlopiucia togellier areas. to pertilit accessory dwelling with all assurance of affordability till l , ill all "areas zoned fol'single- through a recorded land use restriction agreement made family residential use. 'I I ,- purpose of this legislation is ill coullinctioll�vitll the locll. to increase the prodtt( ii• i, , ;,Ii+)rd;ible rental housilig. To that end, (lie staLtac p o ,Ics that "an application to Obstacles to Accessory Dwelling units construct all accessory dwell]i unit inusl include all alli- Traditional "Euclidian" rouing separates land uses ill a davit f'roln the applicant whit I attests that the unit NviII way that prohibits snore than one single residence on a be rented at an affordable rate to extremely loll'income, pLated lot, regardless of the acreage. If two or more rtsi- very low income,low income or moderate income:pe•rsoll dences are situated oil a single lot,tile.}'would need to be in or persons." The statute also states that each affilydablc a more intelrsiie residential zone,such as one that pvrlllil5 accessory dwelling unit shall apply toward satisfying the duplexes or multi-family housing affordable housing component of the housing element in the local governtnent:s comprehensive plan.Local govern- 5rm1( J!<<,I; I; tlli:•, Inents in. Florida are, of course, empowered to permit Will. lout ret11111"e' tkil !]:'i :;i. t ::(tlnlstanccs be Shown to accessory dwelling units without this statute,but the stal- warrant the ii�(',such as a wilt limited to use a5 a"granny ute brings this undcrutilized tool to the fore and makes 18 THE FLORIDA HOUSINGS COAUNON I Fi.HOi1SING.QRG explicit the connection to local government comprehensive • Size regulations -ADU ordinances commonly have it platining obligations. mininlunl lot size for the total Marcel and a lnaximurn ADU size.The goal is to maintain the aesthetic integ- Considerations for ADU Ordinances rity of the single family neighborhood, Perf'ornlalice Accessory- dwelling units could be permitted -without standards rather than arbitrary size limitations may adoption of a separate ordinance by simply leaving acces- better address Ileighborhood concerns. sore dwelling units enumerated as a pci•lllittcd use withill the single family residential use category. It is unlike:]}', • Design requirements -- to C1151t1`C compatibility and howcvcr, that this will be the chosen vehicle, as it fails maintain the aesthetic character of the neighborhood. to provide the parameter's for the. development and use, an ADU ordinance may set forth minimum design St,ul- of accessary dwelling units,which are key to sucressfuliy clarets and have architectural review-requirements. balancing the production of affordable rental housing with the Concerns of (lie existing single family lloillef)wners. Parking requirements-To avoid parkillgproblems in an urban area,the ordinance may require that there be sufh- Virlually all ADU ordi- eient on-street parking oi- narlces require that 11re I` �' � ofl'-street Parking,or Inav owner reside In either the require that parkingbe at primary or the second the hack of the residence. art' unit. Bill. there.• are a tuunl)er of issues that Typeofunit Diffiercut cart be decided cliffi,reIIIIN. I col licrations nr,ly applyapp de'p ildinglipoll conlillu- if the ADUS are willlill lhr rlity needs&All pro"l-altls __ primary residence, Stull tin- the dI.vr1IIp m n1 of as it basement apartment; .- DUs sli, to e: fm,idei' attaches] to the primary llte fitllaw iltg: residence,stu-li as.garage apartment; or detached ■ Conditional use or"by _ _ 4_� -- from the prinlary resi- right" 1f the.1DZ:is This is an example of an attached accessory apartment in the Back dance,such as x cotlttgc. a conditional use; a of this single famity home.Neither the accessory apartment or,the public hearing would off-street parking are visible from the front of the house. •Occupancy restrictions be required this makes the process more. difficult for Sonic ordinallee3 may prescribe the maxinluIII number the applicant. bill proN-ides it ibruni for input firon1 the ofpcopie►+-Ijo Cate tile. in tile:1DZ.'or the t}'l)c of renters, ileighbodlood.Ifthe ADU is"by right"it is a permitted Such as limiting the:rental to relatives or the elderly. use and,provided the application meets the requircmctits in the ordinance, it will be approved administratively, • Incentives to produce ADUs Loans f it the production without public hearing. of the ADU nlal•make it easier to monitor ftrr aflilydabii- ity and assist the local government in directing-applicants • Permitting process To encourage the development oil its rental walling fists to affordable ADZ;.. of ADDS, local govCrIuncnl can crr.ttc• a user friendly I)roccsS for construction which illcici(lcs exl)eclit.ed • Monitoring Sonic ADU programs have an annual afli- processing is requircnlellt [alder the SHIP program;, davit requirenient or other inrans For monitoring whether a manual to help the: homeowner, and a staff person the ADU continues to be used in accordance with the charged with o�vcrsc:eing the program. local ADU;requirclncilts. HOUSING NEWS NETWORK ! VOLUN1c 32,ISSUE 2 1 AUGUST 2016 In Resources for AMI Mrir.eis "Accessory Dwelling Units:Model - State Act and Local Ordinance,"Public - Policy Institute,Rodney L.Cobb&Scott r Dvorak,American Planning Association r- s http://assets.aarp.org/rgeenter/consume/ d17158_dwe1l.pdf r_f Examples: M Massachusetts Smart GrowthToolkit Bylaws i http://wrvw.horsleywitten.comAervices/ planning/smart-growth-low-impact-development/ Santa Cruz California ADU Manual ADUs do not have to be an afterthought. New construction of single-family littp://www.cityofsantacruz.com/home/ homes could also include construction of an ADU."Carriage houses"accessible showdocumen6d=8875 from alleys are commonly found in the "New Urbanism" or Traditional State ofGeorgla. Neighborhood Design.But without an ADU ordinance requirement that these Department of Community Affairs) units be affordable,the carriage houses in this"new urbanists"community http://www.dca.state.ga.us/intia_nonpub/ exceed affordable rents,as the desirability of the traditional neighborhood Too lkit/ModelOrdin ances/'rND_Mod Ord.pdf design development drives housing prices out of the affordabie range. Municipal Research&Service Center Cher of oic• keys to a sucressf it program is the information and of Washington"Accessory Dwelling Units Issues and Options" technical assistance provided to the community and the,prospec(lve http://mrsc.org/getnredia/54cOS8a5-4d57-4192- cleveloper/owlici.of Sul ADt ."f o ensure tlic success of its program. a214.15f2fa5acl23/ADU30.pdf.aspx \Iontgolllcrt- County. llarvIand liar ac guidebook to assist appli- Vermont"Accessary Dwelling Units: callus tlirotigh the permitthig process fi)r aaccessory apartnictits.The A GuideforHomeowners" Goulity also assists the applicant by h g•avin a slall"persori assialled http,//Kcd.vcrmont.gov/sites/accxi/files/D=ments/ strongco mrnuniti es/housing/2013 Editio n_ to help applicants through the.process. Accessory Apts-B ro chu re.pdf Accessory Dweling Units:Model In 2004,the L-'nr-ironm anal Prntcc'tioli Agency gave the city of Santa State Act and local Ordinance Cruz C;alifiwiiia(lie National Award fiir Smart Growth Achievemctit http://www.docdatabase-net/ more-accessory-cfweling-tinits-model-skate- fOr it's Accessory Dwelling IjIlit Policies and Regulations,► hich includes act-and-local-ordinance577583.htrnI a manual fin'duvelopitig,Dt's,in(-ludin;arcliite aural designs.You Accessory Dwelling Units Report Cali access the Santa Crux manual and A1)1 IM-01Otyprs Uri like aft: to the Florida Legislature rittla:/Twin v.cityUfsawacruz.com/Itozi-lc/sl n-vdnckiniv It?id=8875 http://Iariduseli3v,,.vviisti-edtr/Artictes/ADU. Report.pdf If y oui Coca! ,ovvrnln(nt icould like technical assistatace to 1101) City of Santa Cruz Accessory Dwelling Unit Development Program develop an accessory divelliiig Lmit ordlinance Oi']laVigaLe the issues http://www.cityofsantacruz,com/departments/ to be addressee/with accessory dwellilig unit ordinances, contact planning-and-community-developrrrent/programs/ a cce sso ry-dwe l l i n g-unit-d evel opal ent-grog ra m the I.1U1-icla HUusatig C�oalitian at i8:i[]'� 878-4219.UrJaiinie Ross at ross@flhousitig.org =r aFlarida Stsitkite 420.9076`fi"At a minimum,each advisor} committee shall make recummcpdations on afIbrdahlc housing incentives in the folIo%ving areas:fc the allowance residential unit in residential zoning districts. f oimie A.Ross is the President&CEO of the Florida Housing Coalition.Ms. Ross served as the Affordable Housing Director at 1000 Friends of Florida,a statewide nonprofit smart growth orrgani7otion,from 1997-2015. Prior to her tenure of 1000 Friends of Florida, R055 was a/arid use and real property lawyer representing for profit and nonprofit developers and financial institutions with a tow firm in Orlando. Notionally,she serves on the Boards of Grounded Solutions!Network arid the hinovative Housing Institute. Ross is the post Chair of the Affordable Hocrsiray Committee of the Real Property Probate&Trust Low Section of the Florido Bar. N41 RC55 2L` THE FLORIOA HOUSING COALITION I, RLHOUSING.ORG MUNICIPALITY OF ANCHORAGE 0 ad Development Services Department Policy AG.37 Guide to Accessory Dwelling Units i ,1 • Internal Attached All\ aw . [J Detached What is an accessory dwelling unit (ADU)? An accessory dwelling unit(ADU) is defined in Anchorage Municipal Code (AMC) as: • "... a subordinate dwelling unit added to, created within, or detached from a single-family residence, which provides basic requirements for living, sleeping, cooking, and sanitation. The unit may have a separate exterior entrance or an entrance to an internal common area accessible to the outside."(AMC 21.05.070D.1.a) • "_ are compatible with the appearance and character of the principal residence, lot,and neighborhood;"(AMC 21.05.070D.1.b.iii.A.1) • "_ are smaller in size than the principal dwelling on the lot, and preserve underlying lot coverage limits;" (AMC 21.05.070D.1.b.iii.A.2) They are also known as `mother-in-law apartments,' `accessory apartments,' or `second units.' Mailing Address: Box ++• Anchorage, a a + •+ http://www.intini,org Where are ADU's allowed? Anchorage Bowl: All residential zoning districts in the Anchorage Bowl allow one detached ADU to accompany a single-family home. The ADU may be attached to or created within a single-family structure if it is the only principal structure on the lot. Chugiak-Eagle River: ADU's are allowed in all residential districts in Chugiak-Eagle River,with the: exception of the CE-R-3 district. In CE-R-1 and CE-R-1A districts,the ADU must be attached to the single-family structure. Girdwood: The following Girdwood zoning districts allow ADU's; • Residential: gR-1, gR-2, gR-2A, gR-3, gR-4 • Commercial: gC-3, gC-4, gC-6 • Resort: gRST-1, gRST-2 In Girdwood,ADU's must be attached to the single-family structure unless the lot is 16,800 square feet or greater. Zoning Rules for Establishing an ADU • An ADU may exist only in conjunction with a detached single-family home that is the only principal structure on a lot. • An ADU may have no more than two bedrooms. • In class A districts,the gross floor area of the ADU,not including any related garage, shall be no greater than 900 Which "district" am I in? square feet or 75 percent of the total gross floors area of the If you are unsure of whether or principal dwelling unit(excluding the ADU and garages), not you live in a Class A or a whichever is less. Class B district, please call the • In class B districts,the gross floor area of the ADU,not planning Department to ask! including any related garage, shall be not greater than 900 square feet or 35 percent of the total gross floor area of the (907) 343-7900 principal dwelling unit(excluding the ADU and garages), whichever is greater. • The ADU shall have no more than two bedrooms.. Girdwood Zoning Rules for Establishing an ADU • Except for in Girdwood, one additional off-street parking space must be provided beyond what is required for the home. When approved by the municipal traffic engineer,the one off-street parking space may be provided on-street. If the occupant of the ADU intends not to own and/or operate a vehicle,the occupant may sign the "No Car Covenant"which will remain on file with the Land Use Review Section. If the lot already has the number of spaces required for the house and the ADU, an additional space need not be added. There shall be no fewer than three parking spaces per lot. • In Girdwood, in addition to the parking requirements for the principal dwelling unit, one off- street parking space shall be provided for each accessory dwelling unit of 600 square feet or less, and two off-street parking spaces shall be provided for an accessory dwelling unit larger than 600 sq. ft. • In Girdwood, an accessory dwelling unit may be used as a bed and breakfast room,but the bed and breakfast facility is then limited to only one guest room,the accessory dwelling unit. P\i 1 6�o r<�_CW Two Types of ADU 1. Internal Conversion of a Single-Family Home • SIZE: In class A districts (see AMC 21.08,050B.), the gross floor area of the ADU, not including any related garage, shall be no greater than 900 square feet or 75%of the total gross floor area of the principal dwelling unit(excluding the ADU and garages), whichever is less. • In the class B districts, the gross floor area of the ADU, not including any related garage, shall be no greater than 900 square feet or 35% of the total gross floor area of the principal dwelling unit (excluding the ADU and garages),whichever is greater. • Girdwood allows an ADU to be up to 50%of the gross floor area of the principal dwelling unit with a maximum size of 600 sq feet or 750 square feet, depending on lot size. • In Chugiak-Eagle River,the gross floor area of an ADU (excluding a garage)shall not exceed 40% of the gross floor area of the principal dwelling (excluding any garage), but shall not be greater than 1,000 square feet on lots of one acre or greater. • APPEARANCE: The outside entry door to the ADU may not face a street,unless no other entry door exists on that side of the house. 2. Detached ADU • An ADU detached from the single-family home is permitted in all zoning districts where ADUs are allowed, except that detached ADU's taller than 15 feet shall be setback 10 feet from a side Iot line abutting a lot zoned R-I and R-1A. The structure must be at least 40 feet from lot lines abutting a street,or at least ten feet behind the street-facing fagade of the principal dwelling. • The detached ADU/garage structure may be no more than 25 feet in height, except in Chugiak- Eagle River where detached.ADUs shall not exceed the height of the principal structure. • ADUs in the Chugiak-Eagle River area shall use a common driveway with the principal dwelling unit or have access from an alley. The size and appearance requirements of an ADU built as an addition(Section 2 above) also apply to detached ADUs. Applying for an ADU permit: When applying for an ADU permit, the land owner must obtain a building or land use permit from the Development Services Department for an ADU. Additionally,the land owner must submit an affidavit on a form provided by the municipality affirming that at least one land owner will reside in either the main home or the ADU for more than six months of each year, 1. Check through this handout to make sure you understand and meet all the requirements for the type of ADU you wish to build. 2. Look at Building Safety Handout R.01for permit submittal requirements www.muni.org,/bsd, then click the Handouts link). 3. Bring the submittal requirements to the Building Safety Department at 4700 Elmore Road. Fill out the permit application and pay the applicable building or land use permit fees. 4. Go to the Land Use Review section at 4700 Elmore Road, sign the Accessory Dwelling Unit Affidavit of Owner-Occupancy form, and pay the$112.50 processing fee. This document is recorded and filed as a deed restriction with the Anchorage Recording District after the building/land use permit is approved. 5. Building plans are reviewed and when they are approved, a building permit will be issued. After you pick up your permit,construction can begin. Other things you should know.., • For purposes of securing financing,potential owners may request and receive a letter of pre- approval from the Municipality indicating the property is eligible for an ADU permit, if the potential owner completes the application process and construction in accordance with municipal code. Contact the Land Use Review Division at 343-8380 for more information. a Approval of the ADU expires when: The ADU is altered and is no longer in conformance with municipal code; The property ceases to maintain the required off-street parking spaces for the accessory and/or principal dwelling units; 0 The owner of the property does not reside in either the principal or the ADU for at least six months of each year; • The ADU is abandoned by the owner through written notification to the Municipality on a form provided by the Municipality; or * The property changes ownership. • If you purchase a home with an ADU, you have 30 days from the date of transfer of ownership to file an Affidavit of Owner-Occupancy with the Municipal Planning Department and pay the $112.50 processing fee. Where to obtain the ADU Zoning Regulations This handout is advisory only. The complete text of the ADU regulations may be found in three sections of Anchorage Municipal Code: 21.05.070D.1. (Anchorage/Turnagain Arm), 21.09.050C.2. (Girdwood), 21.10.05 OH.1. (Chugiak-Eagle River)available online at: www.muni.org(click on "Zoning, Regs& Codes"located under the "Business" tab.) And for additional questions regarding zoning regulations for ADUs, please call the Land Use Plan Review Section at 343-8380. Building Cade Regulations for Establishing an ADU To ensure that the dwellings meet appropriate health and fire safety standards,an ADU is required be built to the adopted Municipal building code standards for two-family dwellings. (21.05.070D.Lb.iii.(5).). To change an existing single-family home into an ADU will usually require changes to the existing electrical, plumbing, and mechanical installations. Since Building Safety does not do plan review on electrical,plumbing, and mechanical systems for single- and two-family homes, the permit holder is advised to consult with a professional to ensure code requirements are provided for. SUBJECT TO INSPECTION. Examples of common changes that may be necessary are noted below: Electrical: • Each occupant shall have ready access to all over current devices supplying that unit. (NEC 240- 24(B)). Branch circuits required for the purpose of lighting, central alarm, signal, communications, or other needs for public or common areas of a two-family dwelling shall not be supplied from equipment that supplies only an individual dwelling unit(NEC 210-25(B)). Branch circuits in each dwelling unit shall supply only loads within that unit or loads associated with that unit. (NEC 210.25(A)) 11+ • The requirement by the International Residential Code for a one (1)hour fire separation between duplex dwelling units was deleted for an ADU by a local amendment (23.85.R302.3). When a one- hour fire separation is not provided,the smoke detectors in both units must be activated simultaneously. Since branch circuits cannot be shared between units the smoke detectors must be interconnected by wireless. If a one-hour fire separation is provided,the smoke detectors do not. have to simultaneously activate in both units and interconnection is not required. Mechanical: • Return air from one dwelling unit shall not be discharged into another dwelling unit. (20091FGC 618.7) Plumbing: • In multi-dwelling units,one (1) or more shutoff valves shall be provided in each dwelling unit so as the water supply to the entire dwelling unit can be shut off without stopping water supply to other units.These valves shall be accessible in the dwelling units they control. Shutoff valves shall be visible and shall not exceed ten(10)feet from a crawl space access when the shut off valves are located in a crawl space. (UPC 23.25.605.3) For additional information please call the Municipal Development Services Department at 907-343-8211. Robert Doehl, Building Official Date: February 23,2019 � ftcbotc,,-qc Chapter 17.160 ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS Sections: 17.160,010 intent. 17.160,020 Definition. 17.160.030 Permitted districts. 17,160.040 Height limit. 17.160,050 Area. 17.160.060 Setbacks. 17.160.070 Accessory dwelling units. 17.160.010 Intent. . It is the intent of this chapter to set forth standards for the size and location of accessory buildings and accessory dwelling units. Hoop houses shall not be subject to the limitations of this chapter in all zoning districts where hoop houses are permitted. [Ord. FY2017-21 §2, 2017; Ord, FY2012-10 §12, 2012; Ord. 90-31 §2, 1990; Ord, 82-14-0(A) §2, 1982. Formerly §17.51.010]. 17.160.020 Definition. .. ............................... .... ..........._... ...__._ ....... ...... .... ......... ................ . . ...................... _. .................................. "Accessory building" means: A. A detached building, the use of which is appropriate, subordinate and customarily incidental to that of a main building, located on the same lot as the main building and which is not designed or intended to be used for living or sleeping purposes. B. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall not less than four feet long or by a roofed passageway which shall not be less than eight feet in width, C.Any structure, regardless of type of foundation or base support, including skid-mounted or other movable structure, that also requires a building permit for construction. A minor structural development that does not require a building permit is not regulated by this chapter. D. A nonmotorized container van when used for the sole purpose of storing emergency response equipment in the Kodiak Island Borough and not placed on a permanent foundation. [Ord. FY2017- 21 §2, 2017; Ord. 2001-01 §2, 2001; Ord, 90-31 §2, 1990; Ord. 82-14-0(A) §2, 1982. Formerly §17.51.020]. 17.160.030 Permitted districts. .............._.... .. .......................... .................................................... ......._ _................................................... ........... ..............__. ..._.............................._.. _.. . .__................. A. Accessory buildings are permitted in all land use districts that specifically allow for them. B. In residential zoning districts, no accessory building shall be located on any lot in the absence of a main building used as a residence; except that in the case of a vacant lot, zoning compliance for an accessory building (used solely for the storage of tools and materials needed for the ��1CL.k construction of the permitted residence) may be issued at the same time zoning compliance and a building permit are issued for a residence. C. An accessory building as defined by KiBC 17.160.020(D) is permitted in all zoning districts with authorization from the local municipality and issuance of a zoning compliance permit. [Ord. FY2017-21 §2, 2017; Ord. 2001-01 §3, 2001; Ord. 90-31 §2, 1990; Ord. 82-14-0(A) §2, 1982. Formerly §17.51.030). 17.160.040 Height limit. _...................... ................. . .................... ........................................................._......................................................................................-............................ ..........__....._......... ... ... The maximum height of an accessory building is 35 feet. An exception to this section is any structure that meets the definition of an amateur radio antenna as outlined in AS 29,35.141, [Ord, FY2017-21 §2, 2017; Ord. FY2006-08 §2, 2006; Ord, 90-31 §2, 1990; Ord. 82-14-0(A) §2, 1982. Formerly §17,51.040). 17.160.050 Area. A. The maximum lot coverage of the total of all accessory buildings on a lot shall not exceed 10 percent of the area of a lot except that on any lot of record, accessory buildings may cover a maximum of 600 square feet of the lot or 10 percent of the area of the lot, whichever is greater. B. Accessory dwelling units are exempt from the lot coverage limitations of this section, [Ord. FY2017-21 §2, 2017; Ord. 90-31 §2, 1990; Ord. 82-14-0(A) §2, 1982. Formerly §17.51.050]. 17.160.060 Setbacks. .. ................................... ......................_............_......... .................................................................................................................................................................................................... The minimum yard setback requirements for accessory buildings and accessory dwelling units are those established for the zoning district in which the accessory building or accessory dwelling unit will be located. [Ord. FY2017-21 §2, 2017; Ord. 90-31 §2, 1990; Ord. 82-14-0(A) §2, 1982. Formerly §17,51,0601. 17.160.070 Accessory dwelling units. A. Intent. Accessory dwelling units (ADUs) add options and housing choice in residential neighborhoods and can be an effective way to add affordable housing to existing neighborhoods. ADUs also provide a flexible way to address family needs for additional housing.ADUs are not intended for use as transient housing and shall not be permitted for use as a bed and breakfast, 1.ADUs are not Intended to allow a two-family residence in any single-family residential zoning district. 2. ADUs are not intended to circumvent the parking requirements for a two-family dwelling (duplex) in the R-2 zoning district. B. Permitted Uses. 1.ADUs are a permitted use in the following residential zoning districts: a. Chapter 17.50 KIBC, C — Conservation District, K � � b. Chapter 17.60 KIBC, RR2 -- Rural Residential Two District; c. Chapter 17.70 KIBC, RR1 — Rural Residential One District (attached); d. Chapter 17.75 KIBC, R1 — Single-family Residential ❑istrict (attached); e. Chapter 17.80 KIBC, R2—Two-family Residential District. C. Conditional Uses. 1. ADUs are a conditional use in the following residential zoning districts: a. Chapter 17.65 KIBC, RR— Rural Residential ❑istrict; b. Chapter 17.70 KIBC, RR1 — Rural Residential One ❑istrict (detached); c. Chapter 17.75 KIBC, R1 -- Single-family Residential ❑istrict (detached). D. Development Standards for ADUs. 1. Only one ADU shall be permitted on a lot. 2. Location.An ADU may be attached to or located within a single-family residence or within a detached accessory building on the same lot as the single-family residence ❑r as a separate structure on that lot. If the ADU is located within a single-family dwelling, there shall only be one entrance to the front of the house. Separate entrances to an ADU located within the principal dwelling or attached to it are permitted at the side or the rear of the principal dwelling unit. 3. ADUs are required to comply with all applicable building and fire code requirements. 4. Water Supply and Wastewater Disposal. The accessory dwelling unit must have a bathroom and shall share the same sewage disposal and water supply systems (e.g., a well and septic system or connection to public water and sewer) as the principal dwelling unit unless separate sewer and water connections are required by the city of Kodiak, ADEC, or the communities of Ahkiok, Karluk, Larsen Bay, Old Harbor, Ouzinkie, or Port Lions. 5. One additional parking space is required with an ADU, 6. Size Limit. a. An ADU shall be limited to 480 square feet or less. b. Mobile homes, recreational vehicles, campers, and travel trailers are not permitted to be used as an ADU. 7. The owner of the property shall live in the principal dwelling or the ADU. 8. No new access points or driveways shall be created or installed for access to the ADU. 9. Nonconforming Structures. a. ADUs may be located within an existing single-family detached dwelling that is nonconforming with respect to required setbacks, provided the ADU requirement for off- street parking is met. b. ADUs are prohibited in any accessory structure that is nonconforming with respect to required setbacks. 10. Access for Emergency Services Providers. a. The zoning compliance permit and site plan for an ADU must show the location of an unobstructed route of travel from the street to the ADU entrance. b. Exterior doors and openings required by this code or the IBC shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from the apparatus access roads to exterior openings shall be provided when required by the fire code official. [Ord. FY2017-21 §2, 2017]. CITY AND BOROUGH OF SITKA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT ACCESSORY DWELLING UNIT ACCESSORY DWELLING UNIT WHAT? An accessory dwelling unit is a detached second dwelling unit located on the same parcel as the primary single-family dwelling unit. ADUs have independent living spaces including a kitchen and bathroom. WHERE? A property's zoning determines if an accessory dwelling unit is possible,and identifies the correct procedure for beginning construction of an ADU. ❖ Permitted means that a conditional use permit is not required. o Permitted zones: R-1 and R-2, as long as the fourteen criteria in 5itka General Code 22.20.160(C) are met. Conditional means that a conditional use permit must be obtained from the Planning Commission before constructing an accessory dwelling unit. Conditional zones: R-1MH, R-1LDMH, R-2 MHP :a Conditional zones: R-1 and R-2 if conditions in Sitka General Code 22.20.160(C) are not met. ❖ Prohibited means that an accessory dwelling unit may not be built under any circumstance. J Prohibited zones: P, SF, SFLD, CBD, C-1, C-2, WD, I, GI, LI, R, OS, GP HOW? Conditional use permit applications may be submitted to the Planning Department by 5 PM at least THREE WEEKS before the next scheduled Planning Commission hearing.Applicants may contact 747- 1814 or planning Dcityofsitka.orf;with questions. For properties where an accessory dwelling unit is permitted, the applicant may go directly to the Building Department (747-1832) for a building permit application. WHO? Property owners or their approved representatives (with signed approval from the owner) may submit applications. When Planning Commission hearings are required, an owner or authorized representative must attend all hearings. 1 [ 1ugujt 24,7010 S��kc,— PROCEDURES AT A GLANCE Accessory Dwelling Unit Conditional Use Permits STEPS TAKEN BY APPLICANT STEPS TAKEN BY CITY AND BOROUGH PREPARATION: PREPARATION: ✓ Meet with Staff. ✓ Staff provides application materials. ✓ Fill out application forms and prepare drawings. ✓ Talk to adjacent land owners. APPLICATION: APPLICATION: ✓ Turn in complete forms, drawings, ✓ Staff reviews submitted materials. letter and pay fee by 5 PM on ✓ If deemed complete, staff includes Tuesday THREE weeks prior to the the request on next agenda and Planning Commission meeting, which prepares staff report for the Planning is held the third Tuesday of each Commission. month. ✓ Notices are mailed to applicant and ✓ Applicant checks with staff the Friday property owners in the area before before the meeting to see if there the meeting. The agenda appears in are any questions or needs to be the newspaper. add ressed. PUBLIC HEARING: PUBLIC HEARING: ✓ Applicant attends meetings to ✓ Planning Commission talks to the answer any questions. Commission applicant and takes testimony. will typically make a decision at the ✓ Planning Commission will usually first meeting. make a decision at the first meeting. WRAP-UP: WRAP-UP: ✓ If approved, the applicant completes ✓ Staff writes a letter to the applicant any required conditions of approval. explaining the outcome. ✓ If denied, the applicant can file a written appeal to the Assembly. NOTE: Extra care needs to be taken in preparing the documents. Staff can only schedule applications for Planning Commission review after all materials are submitted with the appropriate detail and deemed complete. 2 Updalcd,lug u l '_E.2016 22.20.160 Accessory dwelling units (ADUs). _. I—-......... ........_...........................................................1 .......... ........ --.............................................................................................................-................................... ................. A. The following code section provides for binding standards and regulates the accessory dwelling units (ADUs),ADUs are intended to:. 1. Utilize existing housing stock while preserving the appearance and character of single-family neighborhoods. 2. Provide additional affordable options for long-term rental housing. 3. Provide a broader range of more affordable housing. 4. Provide a mix of housing that responds to changing family needs,smaller households and mufti-generational families. 5. Provide a means for residents, particularly seniors,single parents, and families with grown children,to remain in their homes and neighborhoods and obtain extra income, security, companionship and services. 6. Encourage a more economic and energy-efficient use of Sitka's housing supply. 7. To maintain consistency with city and borough of Sitka's policies as recommended in the Comprehensive Plan(2.2.15,2.2,16, 2,4.8.A,2,5.1.8, 2.5,11,2.10.3.8). B. Creation.An accessory dwelling unit(ADU) is a second dwelling unit that is located on the same parcel as the primary single-family dwelling unit.ADUs must provide a complete, independent residential living space and shall include provisions for living,sleeping,eating, cooking and sanitation. ADUs can be studio-sized units,and one-and two-bedroom units.An ADU may be created through the following methods: 1. Constructing a detached ADU on a parcel with an existing single-family home. 2. Constructing a new single-family home with a detached ADU. C. Accessory Dwelling Unit Requirements. 1, An ADU is a permitted use, on lots served by a publicly maintained right-of-way in the following residential zoning districts: R-1 and R-2 and related districts exclusive of MH and MHP. An ADU shall not be constructed on lots accessed by access easements.They are also not allowed on lots served by rights-of-way that have not been accepted by the municipality or state of Alaska for maintenance. 2. ADUs are intended for long-term rental use only. Rental of an ADU for a period of less than ninety consecutive days is prohibited.ADUs shall not be used for short-term vacation rentals and/or bed and breakfast purposes. 3. ADUs shall meet all development, design,zoning and building requirements at the time of construction (e.g.,setback requirements and lot coverage standards) applicable to the primary dwelling unit, except as otherwise noted. 3 Updated August 24,2016 4. The ADU must be located ❑n the same parcel as the primary dwelling unit. 5. Only one ADU is allowed per parcel, 6. Mobile horses,travel trailers and recreational vehicles shall not be used as an ADU. 7, ADUs shall only be located on a parcel in conjunction with a single-family dwelling unit.ADUs shall not be located on parcels that contain a duplex and shall not be located on parcels that contain two or more dwelling units. 8. ADUs shall be designed so that the appearance of the structure maintains,to the greatest extent possible,the appearance of a single-family property. 9. If a separate external entrance for the ADU is necessary,where possible, it shall be located on the side or rear of the structure.On a corner lot,where there are two entrances visible from either street,where possible,solid screening is required to screen at least one of the entrances from the street. 10. Exterior stairs shall be located in the side or rear yard wherever possible and must comply with setback and building code requirements. 11. The maximum size of an ADU shall be eight hundred square feet. 12, The following parking requirements are applicable for ADUs: a. As part of the application submittal process,the applicant shall submit a parking plan delineating parking space(s)for the ADU and the primary dwelling unit. b. Where parking is located in any portion of the interior side and/or rear setbacks solid screening is required from adjoining properties. c. On-street parking is prohibited. d. If additional parking is necessary, new parking space(s)shall utilize existing curb cuts. 13. All subdivisions of lots containing ADUs are prohibited unless all minimum lot sizes (exclusive of access easements), setbacks,lot coverage, and other requirements in the zoning and subdivision codes are met. 14. Variances are prohibited on any lot containing an ADU including,but not limited to, variances for setbacks, lot coverage, building height,and off-street parking requirements. D. Conditional use permits may besought if the above requirements cannot be met. Conditional use permit must be in conformance with Chapter 22.24, Table 22.20-1 : Development Standards Footnote 19: Height of ADUs in residential zones limited to 25 ft.or height of principal dwelling unit,whichever is less. 4 Updated August 24,2d16 Table 22.16.015-1 Residential Land Uses (Abbreviated) CBD WD GI R-1 R-1 R-2 (11, C-1 C-2 (2, (3, GP Zones P(1) SF SFLD R-1 MH LDMH R-2 MHP 12) (11) (11) 11) 1 10) LI(3) R OS (13) RESIDENTIAL • Accessory P(14) P(14) dwelling unit C C C C C P: Public Lands District C-1/C-2: General Commercial and SF: Single-Family District General Commercial/Mobile Horne Districts SFLD: Single-Family Low Density District WD: Waterfront District R-1:Single-Family/Duplex District I: Industrial District R-1 MH:Single-Family/Duplex/Manufactured Home District GI:General island ❑istrict R-1 LDMH:Single-Family/Duplex and Single-Family/Manufactured LI: Large Island District Home Low Density Districts R: Recreational District R-2: Multifamily District OS:Open Space District R-2 MHP: Multifamily/Mobile Home District GP:Gary Paxton Special District CBD: Central Business District P—Permitted C—Conditional Use Permit Required C. Residential Uses Table 22.16,015-1 Footnotes. 14, Accessory dwelling units shall be constructed in conformance with the standards outlined in Chapter 22.20,Supplemental District Regulations and Development Standards 5 Updated August 24,2Q 16 TITLE 15 - PLANNING AND LAND USE REGULATIONS"' 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 single-family residential development, free from other uses except those which are both compatible and convenient to residents of such a district including recreational, religious and educational facilities of an appropriate scale and design complementary to the neighborhood character. (2) Single-family residential district R1 . 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 (112). 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 (HC). 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 (CBD). Provides 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. (1 1) Institutional district I(INS). NS). 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. (1 2) Parks district (P). Is 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 RM . Lands 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 Codem 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; CoA c_ 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) ( A a� rtment�See Dwelling) (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) Build[ig, 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) (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 building. An apartment located within a building designed to accommodate a mix of residential and commercial uses. C. Apartment, efficiency (also called accessory agartnn"t ). 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-tamily, 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-familV 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. (43) Housinq. 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. (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 travelers not generally 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 repiatted 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 covera e. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. L. 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. ( 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. (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) Parking space, 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. (81) Residence. A home, abode or place where an individual is actually living at a specific point in time. (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. (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. (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. 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 2 parking spaces per dwelling unit parish houses 2 parking spaces per dwelling unit plus%space for every Multiple-family dwellings and other places unit larger than 2-bedrooms or greater than 1,000 square containing multiple dwelling units feet in size Hotels and motels 1 space per guest unit 1 space per guest room plus spaces for the principal Lodging, rooming and boardinghouses dwelling unit 1 off-street parking space in addition to those required of Dwelling,apartment efficiency the principal dwelling Dwelling, studio apartment 1 space per dwelling unit (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-streets aces 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. (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 500 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 (1) 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. 15,10.220- Development requirements. (a) Table 15.10.222, development requirements, is incorporated herein by reference and the restrictions and annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the end of this section; see also section 15.10.210.) (b) Building height. The 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. 5 e�� PLANNING AND LAND USE REGULATIONS TABLES Zoning District Designations The following zoning district abbreviations are provided for information and interpreta- tion: RR= Rural, very low density single-family residential Rl = 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 p = Parks Supplement No. 18-1 15-61 Table 15.10.222 PLANNING AND LAND USE REGULATIONS .p 0 C 0 a Q r�•I C9 � �r .'c z N o d a o a eC.7 �i cri a H LV o r' c * y m co a�C60, m oz 9 ❑ ua o m c in a p ry cq o b' o m o 0 to z G] � o U moo 0 0 C a m ar v a) a p p d cq -,v " O'i.i N d` d � lid m m v m c9 v o �.a F4 tM v o 67 O N N c7 p a� in ua in a * a coa o F ° cq m ti wr a a a a cvi co m C;q cq o H 14 he m o. U r o CL N m q to bfl y ro r >i y, �` y e1 01 q s7 ro a+ o E, wr° w m`ty q ro �tltl p aC3FG �tltl^a ''�kk y �" � 0 W fy .� N H �g all y1 p, GW 4 m z a � d m m d q m ¢a a� 03 A 3 d m ar o H N Z a} aaf Supplement No. 18-1 15-62 PLANNING AND LAND USE REGULATIONS Table 15,10.222 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. Buildableluseable 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. F. 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 develop- ments within the Federal Addition Subdivision require 6,000 SF. All other develop- ment requirements of this chapter shall be met. G. Multiple-Family, studio apartments in the OR, AC, CB, HC, 1 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. outh,a NOTE 4. From Seward Highway/Phoenix each a Road as part of a�om6ined].5f foot setback total oot setback,each side;north,a minimum five-foot setback between both sides. NOTE 5. In the HC District,parcels abutting mean high tide—Na 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 1. Supplement No. 15-1 15-63 j} y Table 15.10.222 PLANNING AND LAND USE REGULATIONS 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 riot 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) Supplement No. 18-1 15-64 - , C �� Table 15.1 U.226. Land Uses Allowed KEY: a - Use Permitted Outright H - Home Occupation C - Use Requires Conditional Use Permit P - Use Requires Administrative Permit Blank - Use Prohibited Principally Principally I Zoning Districts Principally Residential Commercial Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS jP Accessory building 0 0 ❑ ❑ 0 0 0 0 0 0 0 ❑ O Dwelling, apartment in a commercial ❑ ❑ 0 O O C building(limited to one unit) - .... -. --------- Dwelling, apartment in a commercial © ❑ C C 1 building(two or more units) Dwelling, apartment, efficiency or 0 0 00 o ❑ o accessory Dwelling, apartment, studio C C C C C C Dwelling, attached single-family, i.e., C C C C C C C townhouse, row Dwelling, condomini um C C C C C C C Dwelling,detached single-family 0 ❑ 0 ❑ 0 0 O C C Dwelling,group home O O 0 ❑ 0 0 C _ I Dwelling,guest house 0 0 C Dwelling, multi-family(3 or more units) C C C C C C C Dwelling,two-family or duplex O 0 0 0 0 C C Dwelling,watchman or caretaker 0 C Home occupation 0 0 0 0 0 0 0 0 0 0 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 Lodging, B&B, rooms,duplex and H/P H/P H/P H/P H/P O/P O/P O/P O/P 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 Rooming or boarding house O/P O/P O/P O/P