HomeMy WebLinkAbout08212018 Planning & Zoning Work Session Packet i
Planning and Zoning
Work session 08/21/2018
Community Development
Short Term Rental/ B& B Audit Data
information is based off of the -Following Data Sources
City of Seward, AirBnb, VRBO, Ripkey, Crajgsiist, Couch
surfing, Rent by ®goner, Home Tog®, Tripg"ing, Vampire
fisting Expaedia and Drip Advisor
Properties By Dumber of operator
5 or more(1 1.1%)
4(2.2%j
r a
3(12.295) s
ek
)(60.050
2(14.49Q
Number of Bedrooms
5(0.690 U(10.49G}
4 i3.19Q -- i
3(14.7V 4� •,
k
4 .f
t
2 iz6.49Q
1 (44.&%)
2121
General Mapping Locations
ICON pegs-z"M In far fflb!(197 xpyioa.(
St,w6rd
Airport-SWO
L'a
i
9 e ;
Alaska Sea�rfe Cer ?
Estimated Tax Collection and Leafage
Lkensed,AlrBrn6
$D
Lkensed,non-AIMB
sa
Unlicensed,non-AIrBnB
$606,222
f .t
Unlicensed,AlrBnB
SS84,1S8
4/21
LODGING PERMIT APPLICATION - NEW
CALENDAR YEAR:
Business Name:
Applicant Name:
P.O. Box: City: State: Phone:
Physical/Street Address:
Type of Lodging(check one) Zoning District(circle one)
❑House Rental on a Nightly Basis(Unit) RR RI R2 R3 OR UR AC CB RM
❑Room Rental on a Nightly Basis (B&B)
Is this your primary place of residence? ❑Yes ❑No
■ Total number of parking spaces provided: Number required by code:
■ Total number of bedrooms/apartments in unitihouse: Number of rooms used for nightly lodging:
■ Total square footage of house/unit: SF Total square footage used for nightly lodging: Sf
Overnight lodging uses are allowed within single and multi-family residential buildings in accordance with City
of Seward Code §15.10.225 subject to the following conditions:
1. An annual administrative permit is required regardless of the date the use began.
2. If you have any question as to which district your business is located in,please contact Community Development at
907-224-4048.The following lodging is permitted in the following districts:
• R1 &R2 Districts: Lodging is allowed as a home occupation within an owner-occupied dwelling using no more
than 50% of bedrooms to a maximum of five (5) and no more than 30% of the total area of the home. The
lodging establishment must be operated by the owner of the dwelling which must also be their principle place of
residence.
• RR, R3 & UR Districts: Lodging is allowed as a home occupation within the business owner's principal place
of residence using no more than 50%of bedrooms to a maximum of five(5)and no more than 30%of the total
area of the home.
• OR, AC & CB Districts: Lodging is allowed as a business limited to the use of no more than five (5) guest
bedrooms regardless of the building or business ownership.
• R2,R3,UR,OR,AC&CB Districts:Regardless of property ownership or residence,dwellings,mulli-family(3
or more units)may be used as lodging. The use is limited to no more than five(5)units within a building. It is
not extended to individual apartment tenants.
• R3,UR,OR,AC&CB Districts: A house may be rented as a lodging unit.
3. No meal preparation or cooking facilities are permitted in guest bedrooms.
4. Exterior signs are allowed in the commercial districts,but are prohibited in residential districts.
5. Address numbers must be affixed at a height between five and eight feet,clearly visible from the street,not less then
four inches in height,and shall contrast with their immediate background.
Please visit or contact the City Clerk's office at 907-224-4046 if you have any questions.
I have read this form and understand the conditions set forth.
APPLICANT SIGNATURE: DATE:
Zoning review and comments: Zoning District(circle one)
RR Rl R2 R3 OR UR AC CB RM
Zoning Approval: Date:
lodging Pemti1 Application-NEW
Updated]anuery 2013
6121
5 1.05.010 GENERAL PROVISIONS
Chapter 1.05 Violations and Penalties
1.05.010 General penalty; continuing violations.
1.05.015 Aiding or abetting violations.
1.05.020 Violations of state law.
1.05.010 General penalty; continuing violations.
A. Whenever in this code or any other ordinance or resolution, any rule, regulation or order
-duly promulgated-by-any officer or-agency of-the-city any-act is prohibited-or-is declared to be
unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do
any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is
provided therefor, the violation of any such provision of such code or any other ordinance or
resolution or such rule, regulation or order shall be punished by a fine not exceeding three
hundred dollars ($300.00).
B. The city or an aggrieved person may institute a civil action against a person who violates
a provision of this code or any other ordinance or resolution, or any rule, regulation or order duly
promulgated by any officer or agency of the city. In addition to injunctive and compensatory
relief, a civil penalty not to exceed $1,000 may be imposed for each violation. An action to
enjoin a violation may be brought notwithstanding the availability of any other remedy. On
application for injunctive relief and a finding of a violation or a threatened violation, the superior
court shall grant the injunction.
C. Except where otherwise provided, every day any violation of this code or any other
ordinance or resolution or rule, regulation or order shall continue shall constitute a separate
Offense.
D. The penalties provided by this section shall, unless another penalty is expressly provided,
apply to the amendments of any section of this code, whether or not such penalties are re-enacted
in the amendatory ordinance. (1960 Code, § 8; Ord. 378; Ord. 94-32)
1.05.015 Aiding or abetting violations.
The prohibition of any act in this code or any other ordinance, and in any rule or regulation
adopted hereunder, shall include the causing, securing, aiding or abetting of another person to do
such act. (1960 Code, § 11)
3 See Charter Sec. 1.9 as to penalties for violations; see Chapter 5.40 of this code for
penalties for failure to pay visitor assessment fees; see Chapter 8.30 of this code for penalties for
failure to obtain a city business license; see Title 11 of this code for penalties, arrests and
convictions for violations of traffic regulations; see Chapter 15.10 of this code for penalties for
failure to pay parking assessments; see AS 29.35.010(7) for authority to prescribe penalties for
municipal ordinance violations.
Supplement No. 97-1 City of Seward
07197 1 - 6
8/21
PLANNING AND LAND USE REGULATIONS 15.05.025
(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 (RV. Intended to provide for stable and quiet low to
medium density(one to five dwelling units per acre) detached, single-family residen-
tial development, free from other uses except those which are both compatible and
convenient to residents of such a district.
(3) Zlvo family residential district (1?2). 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 Haig 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 surround-
ing the downtown business district.
(6) Officefresidential 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 residen-
tial districts.
(7) Harbor commercial district (HC). Provides an area for water-dependent or water-
related uses with particular emphasis on transportation, tourist, recreational, com-
mercial 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
parldng, 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, enter-
tainment and professional services occurring within enclosed structures. Regulations
Supplement No.01-1 15-8.1
ioi21
PLANNING AND LAND USE REGULATIONS 15.10.140
39. Health club. Includes, but is not limited to, gymnasiums(except public),private clubs
(athletic, health or recreational), reducing salons and weight control establishments.
40. Historic district. An area containing buildings or places in which historic events
occurred or having special public value because of notable architectural or other
features relating to the cultural or artistic heritage of the community of such
significance as to warrant conservation and preservation.
41. Home occupation. Any use customarily conducted entirely within a dwelling, or its
accessory building,and carried on by the occupants thereof,which is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and does not change the
character thereof,and in connection with which there is no exterior sign,no display or
stock in trade, no outside storage of materials or equipment, no commodity sold upon
the premises and not more than two persons are engaged in such occupation.
42. _Home professional office.A home occupation consisting of the office of a practitioner of
a recognized profession.
(Hostel. See Lodging)
(Hotel. See Lodging)
43. Housing, Structures providing housing for groups of people, such as students,
employees or nursing home residents.
a. Bunkhouse.A building used as living quarters for people such as cannery workers
or construction laborers where shower and sanitary facilities are shared and in
which there are no individual cooking facilities.
b. Convalescent or nursing home. A structure with sleeping rooms where persons
are housed or lodged and are furnished with meals, nursing and medical care.
C. Dormitor .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.
C. Halfwav 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
Supplement No. 11-1 15-17
12/21
PLANNING AND LAND USE REGULATIONS 15.10.140
premises,which are designed primarily to offer sleeping accommodations,with
or without meals,to the motoring public on a daily rate. Includes designations
such as motor lodges, auto courts, tourist courts and similar terms.
49. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements
for use, coverage and area and to provide such yards and other open spaces as are
herein required. Such lot shall have frontage or access on a public street or on an
approved private street and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record,or complete lots of record and portions
of lots of record, or portions of lots of record; or
D. A parcel of land described by metes and bounds, provided that in no case of
division or combination shall any residual lot or parcel be created which does
not meet the requirements of this chapter and that, in the case of multiple lots
or portions thereof, the property be replatted to eliminate interior lot lines.
a. Lot area. The total horizontal area within the lot lines of a lot,exclusive of
streets and alleys.
b. Lot,buildable or useable area. That portion of a lot that a prudent person
would use to construct a building and provide required parking. This
excludes lakes and rivers, creeks,cliffs, marshes and other similar natural
obstacles to development with the property counting toward minimum
required size.
C. Lot,corner. A lot situated at the intersection of two or more streets having
an angle of intersection of not more than 135 degrees.
d, Lot coverage. The area of a site covered by building or roofed areas,
including covered porches, decks and accessory buildings, but excluding
allowed projecting eaves.
e. Lot depth. The horizontal distance between the front and rear lot lines
measured on the longitudinal centerline.
f. Lot. interior. A lot other than a corner lot.
g. Lot line front. In the case of an interior lot, a line separating the lot from
the street. In the case of a corner lot, the owner may choose which street
he shall designate as the front of the lot. Once the choice of frontage has
been made,it cannot be changed unless all requirements for yard space are
met.
h. Lot line,gear. 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.
S¢pplemeat No. 16-1 15-19
14/21
PLANNING AND LAND USE REGULATIONS 15,10.245
1510.240. Home occupations.
A. Intent. It is the intent of this chapter to permit home occupations which are compatible
with other permitted uses and with the residential character of a neighborhood,and which are
clearly secondary or incidental to the residential use of the main building. In general,a home
occupation is an accessory use so located and conducted that the average neighbor, under
normal circumstances, would not be aware of its existence. So long as all the development
requirements of this section are met, home occupations are permitted accessory uses as
identified in the land uses allowed table 15.10.225.
B. Development requirements.
1. Not more than two persons shall be employed in the home occupation.
2. No more than 30 percent of the gross floor area of all buildings on the lot shall be used
for the home occupation.
3. The home occupation shall be carried on wholly within the principal building, or other
buildings which are accessory thereto.Any building used for a home occupation shall
be wholly enclosed.
(Ord. 626, § 3, 1989; Ord. 633, §2, 1990; Ord. 94-56)
15.10.245 Wind Energy Conversion Systems.
A. Purpose. It is the purpose of this section to establish health and safety standards for
small wind energy conversion systems (WECS) as defined in this Code, and to encourage the
development of small wind energy systems.
B. Definitions. For purposes of this section,the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
Wind Energy Conversion System (WECS). Any device or assemblage, which directly
converts wind energy into usable thermal, mechanical, or electrical energy, including such
devices as windmills and wind turbines, towers and supporting structures and such directly
connected facilities as generators,alternators,inverters,batteries,and associated equipment.
This system is designed as a secondary accessory use to existing principal uses and to existing
buildings or facilities, wherein the energy generated is used primarily for consumption on the
same or adjoining parcel on which it is located.
Small Wind Energy Conversion S stem.A Wind Energy Conversion System that has a rated
power capacity of not more than 100kW and is intended to produce energy primarily for on-site
consumption, either instead of or as a supplement to public utility power.
Total height fteest a-lding WECS. The distance measured from the preexisting natural
grade to the highest point of any blade of the turbine.
Total height, roof-mounted WECS. The distance measured from the building height to the
highest point of any blade of the turbine.
Supplement No. 10-1 15-32.3
16121
F Zoning Districts Principally Residential Principally Commercial Principally Public
(�
Uses RR RI RZ R3 UR OR AC HC CB I RM INS P
g
c Dwelling, attached single-family, i.e., townhouse, C C C C C C C
row
Dwelling,condominium C C C C C C C
Dwelling,detached single-family 0 O O 0 0 O O C C
Dwelling,group home O 0 0 0 O O C
Dwelling,guest house O O C
Dwelling,multi-family(3 or more units) C C C C C C C
Dwelling,two-family or duplex O O 0 0 O C C
Dwelling,watchman or caretaker 0 C
Emergency services,pub/vol;i.e., fire, ambulance, C C C C C C O C 0 0 C O
rescue
Financial institution,i.e.,bank,S&L C O 0
Flea market,open air retail other than occasional C C C
Fuels,bulk storage and sales C
Golf course 0 O C
Golf driving range 0 O 0 O C
Greenhouse/nursery—commercial 0 O 0
Grocery,convenience store C C C 0 O O O
Grocery,supermarket,foodmart O O
Health club C C 0 O 0
Home occupation O 0 0 O O 0 O O O 0
Hospital CI C
House rental on a nightly basis P P P I P P P
.Housing,bunkhouse C C C
Housing,dormitory O 0
Housing,nursing,retirement,convalescent C C C
Kennel,commercial,musher or fancier INTENTIONALLY LEFT BLANK
Laundry,dry cleaning O C 1 O O
Library O 0 O O
Livestock,excluding chickens and rabbits P P
Livestock,chickens and rabbits P P P P p P P P P
Lodging,B&B,rooms,duplex and accessory apart- H/P H/P H/P H/P H/P O/P O/P 0!P O/P
ment
INSTRUCTIONS FOR COMPLETING HOTELIMOTEL ROOM TAX RETURN
PLEASE ROUND ALL FIGURES TO THE NEAREST DOLLAR
ROUND S.50 UP TO$1.00 AND$.49 DOWN TO$.00
Business Name:The name of the business responsible for collecting the tax.
Filing Period Ended:operators are required to file quarterly returns,unless their account is delinquent,in which case they are required to file monthly
returns.For quarterly filers,filing periods end March 31,June 30,September 30,and December 31.For monthly filers,the"filing period ended"refers
to the last day of the month.
Due Date:Quarterly returns are due on or before the last day of the month immediately following the end of the quarter(i.e.April 30, July 31,October
31 and January 31).Operators who have been delinquent in filing within the past six months must file monthly returns each month on or before the last
day of the following month.
Business Physical Location:List the streetiphysical address of your property. Do not list post office boxes.
Mailing Address:The operators address where you receive your mail and correspondence about your business account.
Registration Number:The number is issued by the City of Seward to operators who have obtained a Certificate of Registration for collection of the tax.
Telephone and Email:Business owner's contact number and email address.
1) Gross Rents:All rents collected during the collection period as monetary consideration for the use of a room or rooms in a hotel/motel by a guest.
There is no cap for daily or weekly rental amounts for hotel/motel room tax,therefore total gross daily and weekly sales are subject to hotel/motel
room tax.This figure should not include sales tax or hotellmotel room tax.All rents should be rounded to the nearest dollar.
a) Gross rents collected during the first month of the quarter for which a return is being submitted(i.e.January is the first month of the quarter
ending March 31).If a monthly return is being submitted,this field would include gross rents for the month of return.
b) Gross rents collected during the second month of the quarter for which a return is being submitted(i.e.February is the second of the quarter
ending March 31).
c) Gross rents collected during the third month of the quarter for which a return is being submitted(i.e.March is the third month of the quarter
ending March 31).
d) Total Gross Rents for the quarter.Add Lines IA,1B,and 1C.
2) Less Non-Taxable Rents:These are rents which are included in the gross rents figure above and are exempt from the tax for one of the following
reasons:
a) Rent paid directly by government agency.Government employees are not exempt from paying the tax unless the United States government,
the State of Alaska,or any of the State's political subdivisions directly remits payment for the rent,Complete schedule A and remit the form
with your hoteUmotel room tax return.
b) Monthly rentals complete Schedule B and remit the form with your hotel/motel room tax return.
c) Total of Schedules A and B
3) Taxable Rents:Gross Rents(Line 1D)minus Total Non-Taxable rents(Line 2C).
4) Room Tax Rate.The hotel/motel room tax for all filers is 4%.
5) This Filing Periods Tax:Taxable Rents(Line 3)multiplied by.04.Tax amount should be rounded to the nearest dollar.
6) 10%Penalty:If the return is late,a penalty of 10%of the delinquent hotel/motel tax is assessed.Multiply This Filing Periods Tax(Line 5)by.10.
Do not round to the nearest dollar when calculating penalty amount.
7) Interest/Other: If the return is more than one month late,interest on the amount due on Line 5 is due at the rate of 10%per year,compounded
monthly at.833%.Other adjustments to the tax should be reported here along with a detailed explanation. Do not round to the nearest dollar when
calculating the interest amount.
8) Previous Balance Due:Enter any prior balance due here.
9) Total Tax Due:Add lines 5,6,7 and 8.
Payment instructions: Please submit the bed tax return with payment due to City of Seward-Finance Department. If submitting by mail,do not send
cash and include a check made payable to City of Seward. Use the address provided top of the Page I when mailing in your completed RETURN.
An incomplete or improperly prepared form is the same as not filing a return which may result in late penalties and interest. If you have
questions,please call the City of Seward Finance Department at 224-4050.
For more information,visit www.cit ofseward.us 20/21