HomeMy WebLinkAbout11282017 Planning & Zoning Work Session Packet Seward Planning & Zoning Commission
Work Session
November 28, 2017 6:00 PM City Council Chambers
Contents
1. Current Planning and Land Use Regulations 1
2. Ordinance 2012-002.... 11
3. Ordinance 2008-006 ..13
4. Ordinance 1999-10 15
5. Ordinance 1989-626 .20
6. Current Land Use District Definitions 22
7. Current§15.10.140 Definitions 24
PLANNING AND LAND USE REGULATIONS
TABLES
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR = Rural, very low density single-family residential
R1 = Single-family, low density residential
R2 = Single and two-family, medium density residential
R3 = Single, two and multi-family, high density residential
UR= Urban residential, a mix of residential uses and low impact home
professional offices
OR= Office residential
AC = Auto and neighborhood oriented, light commercial
HC = Harbor commercial
CB = Central business district - dense downtown commercial
I = Industrial
RM = Resource management - partially developable lands subject to flood-
plains and steep slopes
INS = Institutional, public, quasi-public uses
P = Parks
Supplement No. 11-1 15-61
P1 1 1 reo.A\-
c Table 15.10.220. Development Requirements
b
4
B Zoning Districts Principally Residential Principally Commercial Principally Public
RR RI R2 R3 UR OR AC HC CB I RM INS P
R
c Maximum Building Height (ft.) 34 34 34 34 34 34 34 Varies 34 34 34 34 34
(See Note 1,next page) 26 or 34* _
Minimum Buildable Lot Size(sq. 20,000 Varies Varies Varies Varies Varies Varies None 'Varies 10,000 20,000 None None
`. ft.) (See Notes 2 and 7, next 3,000 to 3,000 to 3,000 to 3,000 to 3,000 to 6,000 to 3,000 to
page) 7,000* 7,000* 9,000* 9,000* 9,000* 9,000* 9,000*
Minimum Lot Width (ft.) (See 100 Varies Varies Varies Varies Varies 60 or 90* 30 Varies 100 100 None None
Notes 3 and 7,next page) 30 to 60* 30 to 60* 30 to 90* 30 to 90* 30 to 90* 30 to 90*
Minimum Front Yard Setback(ft.) 20 20 20 20 20 20 - 10 None None 20 20 20 20
(See Note 7, next page) except
Leirer and Tract C-1 below Z
Minimum Front Yard Setback(ft.) 20 20 20 20 20 20 10 None None 10 20 20 20 Z
for Leirer Industrial Subdivision 0
and Alaska Skill Center Tract
C-1 only.(See Note 7,next page) _
ti
Minimum Side Yard Setback(ft.) 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20
(See Notes 4 and 7,next page) min. min.
cn with 15 with 15
N N total* total* _ C�
Minimum Side Yard Setback Ad- 10 10 10 10 10 10 10 None None 20 10 10 20
jacent to Street(ft.)(See Note 7, rn
tzi
next page)
-
Minimum Rear Yard Setback(ft.) 10 10 10 10 10 10 10 None, 5 None 10 10 15 20 tal
(See Notes 5 and 7,next page) _ and 10* 0
Maximum Accessory Building 20 20 20 20 20 20 20 20 34 34 20 34 20
Height(ft.)
Maximum Lot Coverage(%)(See 30 35 35 40 40 50 50 100* 100 100* 30 50 10
Note 6,next page) _ Z
(Ord. 2008-006, § 1, 2008; Ord. No. 2012-002, § 1, 5-29-2012) to
c
r
PLANNING AND LAND USE REGULATIONS
Table 15.10.220. Development Requirements—Notes
NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the boat launch
ramp, the harbor basin and J Float Ramp, building height is limited to 26 feet.
NOTE 2.
A. Buildable/useable 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.
1
E. Multi-family developments with three—four 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 5,000 SF. All other develop-
ment requirements of this chapter shall be met.
NOTE 3. See Notes 2-D and 2-E above.
NOTE 4. From Seward Highway/Phoenix Road intersection—South,a five-foot setback,each
side;north,a minimum five-foot setback each side as part of a combined 15-foot setback total
between both sides.
NOTE 5. In the HC District,parcels abutting mean high tide—No 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 I.
NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for
unmanned electronic sites.
•
Supplement No. 16-1 15-63
P3
PLANNING AND LAND USE REGULATIONS
NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not 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, 2007; Ord. No. 2016-009, § 1, 1-23-2017)
Supplement No. 16-1 15-64
P4 (i . „ „
in Table 15.10.225. Land Uses Allowed
c
a KEY:
,I)
0 - Use Permitted Outright
z
p
rn
H - Home Occupation
C - Use Requires Conditional Use Permit
P - Use Requires Administrative Permit
Blank - Use Prohibited
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR RI R2 R3 UR OR AC HC CB RM INS P
Accessory Building 0 0 0 0 0 0 0 0 0 0 0 0 0
Adult entertainment INTENTIONALLY LEFT BLANK
Agency, i.e., travel, insurance,title, real estate, etc. 0 0 0 0 0
:r Agriculture 0
Airport and related services 0 C
►.d `J Amusement or recreation facility 0 0 0
un Animal shelter 0 C
Antenna,personal TV,satellite dish 0 0 0 0 0 0 0 0 0 0 0 0
Art gallery 0 0 0 0 0
Assemblages,temporary large, i.e., circus, fair P P P P P P P
Attraction,permanent major visitor C C C C C
Auditorium 0 0 0
Auto repair,i.e., mechanic,glass body, upholstery C 0
Auto service/gas station 0 0 0
Auto/RV sales and rentals 0 0 0
Boat sales 0 0 0
Boat,commercial building/fabrication 0 0
Boat,harbor/marina C C C C C
Boat, repair and maintenance 0 0 0 C
Boat,storage commercial 0 0 0 C
Bulk material,i.e., concrete,gravel,sand, asphalt C C
{--
1
c Zoning Districts Principally Residential Principally Commercial Principally Public
v
'° Uses RR RI R2 R3 UR OR AC HC CB I RM INS P
r Business, marine retail sales and service 0 O O 0 C
c Business,package liquor 0 0 0
;. Business,retail sales and service O 0 O 0
Business,retail sales and service, industrial 0
Campground,camper park,RV park C/P C/P C/P C/P C/P C/P
Campground,employee -
GP
Car/boat wash 0 0 0 '
Cemetery 0 C 0
Center,community/civic 0 O
C C
Center, mariner's 0 0 0 O
Center.senior or teen C C C 0 O C C
Child care,licensed center C C O O 0 r C
Child care, licensed home 0 0 0 0 O 0 0 0 0
-. Church C C C C C C 0 0 0 0
:n Clinic,medical
'V O 0 0 O O
C' cn Clubs,fraternal/lodges/socialveterans C 0 0 C
Cluster subdivision C C C '
Communications, commercial satellite dishes, tow- 0 0 0 0 0 O
ers,poles,and antennas less than 16 feet diameter
or 75 feet in height
Communications, commercial satellite dishes, tow- C C C
ers,poles,and antennas 16 feet diameter or greater
than 75 feet in height
_
CorrectionaUprison facility C C C C
Crematory
Docks/wharves,industrial cargo 0 0 C C
Dock,passenger 0 0 0 C 0
Drinking establishment,i.e.,bar, nightclub, lounge C C C
Drive-in facility—fast food,banking,etc. C C C C C
Dwelling,apartment in a commercial building(lim- 0 0 0 0 0 C
ited to one unit)
Dwelling,apartment in a commercial building(two 0 0 C C
or more units)
Dwelling,apartment, mother-in-law or accessory 0 0 0 0 0 0 0
e Zoning Districts Principally Residential Principally Commercial Principally Public
b Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
r
9
rDwelling, attached single-family, i.e., townhouse, C C C C C C C
Z row
e Dwelling,condominium C C C C C C C
Dwelling,detached single-family 0 0 0 0 0 0 0 C C
.. _Dwelling,group home 0 0 0 0 0 0 C
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 0 0 0 0 0 C C
Dwelling,watchman or caretaker 0 C
Emergency services, pub/vol; i.e., fire, ambulance, C C C C C C 0 C 0 0 C 0
rescue
Financial institution, i.e., bank, S&L C 0 0
Flea market,open air retail other than occasional C C C
Fuels,bulk storage and sales C
r. Golf course 0 0 C
cn
`d rn
Golf driving range 0 0 0 0 C
J cn Greenhouse/nursery—commercial 0 0 0
Grocery,convenience store C C C 0 0 0 0
Grocery,supermarket, foodmart 0 0
Health club C C 0 0 0
Home occupation 0 0 0 0 0 0 0 0 0 0
Hospital C C
House rental on a nightly basis P P P P P P
Housing,bunkhouse C C C
Housing, dormitory 0 0
Housing, nursing,retirement,convalescent C C C
Kennel,commercial, musher or fancier INTENTIONALLY LEFT BLANK
Laundry,dry cleaning 0 C 0 0
Library 0 0 0 0
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 0/P 0/P 0/P 0/P
ment
z
a Zoning Districts Principally Residential Principally Commercial Principally Public
'°F.
Uses RR RI R2 R3 UR OR AC HC CB I RM INS P
z Lodging,hostel P P P P P P
Z Lodging,hotel,motel, lodge, inn C 0 C C
Lodging,multifamily dwelling apartment P P P P P P P
-- Lumber yard/building supply C _ 0 C
Manufacturing—noxious,heavy C
Manufacturing, light fabrication,assembly C 0
Merchant, transient 0 0 0 0
Mobile home park C/P
Mobile home,residential,not in park INTENTIONALLY LEFT BLANK
Mobile home sales 0 0
Mobile medical unit 0 0 0
Mobile Vendor P P P P P P P P P P P
Mortuary/funeral home 0 0 0
,..., Museum C 0 0 0 0 0
cn —
'V Office,boat charter,guide 0 0 0 0 0 C
00 Office,business or professional 0 0 0 0 0
Office,government/quasi-government administration 0 0 0 0 0 0 0
Office,mobile/temporary on construction site P P P P P P P P P P P P P
Office,home,professional 0 0 0 0 0
Parking lot C C 0 0 0 0 0 0 0 0
l
Personal services,i.e.,beauty,shoe,tailor _ 0 0 0 0
Planned unit development C C C C C C
Playground,public tot lot 0 0 0 0 0 0 0 _ 0 0 0 O
Railroad C C C C
-
Recreation,commercial indoor,i.e., bowling,skating 0 0 0 C
Recreation,outdoor,i.e.,miniature golf 0 C C C
Recreation,shooting range C C C
J
Recycling center C C 0 C
Recycling, self-service drop-off point 0 0 0 0 0 0 0 0
Repair service, i.e.,large appliance _ C C 0
Resource extraction,commercial subsurface,i.e., mining C C C
bZoning Districts - Principally Residential Principally Commercial Principally Public
b Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
B
oResource extraction, commercial surface, i.e.,gravel C C C
Z Resource extraction,commercial timber harvesting C C
Restaurant, food service,catering,brew pub 0 0 0 0 0 C
Rooming or boarding house 0/P 0/P 0/P 0/P
Roving Vendor P P P P P P P P P P P
Salvage—auto,wrecking,scrap,junkyard C
Sawmill or lumbermill C C
School, college C C C
School,public/private elementary/secondary C C C C C C C C C
School,vocational C 0 0 j C 0 C
_
Seafood processing,i.e., canning, rendering C C C C
Shop,i.e.,welding.sheetmetal,machine,steel fab. C C 0
Shop,i.e.,wood,signs,cabinet, upholstery C C 0 C 0
Shopping center(mhall) C C
c Solid waste disposal,i.e.,baler,transfer,landfill C C C
co Storage,container P P P P 0 P
Storage, explosives P
Storage,outdoor,yard, material/equipment C 0 0 C
Storage,self service 0 0 0 0
Storage, warehouse)and distribution 0 0 0 C C
Studio,radio/television C 0 0 0 0 C
Tanks.aboveground associated with service station C C 0
Taxidermy 0 0 0 0 0
Terminal,i.e.,bus,truck, freight 0 C 0 C
Terminal, marine/boat passenger 0 C 0 0 C
Theater,concert, movie 0 0
Tool/equipment rental 0 0
Temporary Structure P P P P P P P P P P
Utility facility, public electric,water,sewer,etc. C C C C C C 0 0 0 0 0 0
Vehicle impound lot 0 0
Vending machine repair,storage 0 0 C
1
e Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR RI R2 R3 UR OR AC HC CB I RM INS P
E3 _
Veterinary hospital C C C
Wind Energy Conversion Systems(WECS) 0 0 0 0 0 0 0 0 0 0 0 0 0
(Ord. 94-25; Ord. 95-13; Ord. 95-17;Ord.96-05;Ord.96-10; Ord.96-16; Ord.97-13;Ord. 98-06;Ord.98-09; Ord. 99-01; Ord. 99-13,
§ 2, 1999; Ord. No. 99-10; Ord. 2000-12; Ord. 2001-03; Ord. 2003-08; Ord. 2007-008, § 1, 2007; Ord. No. 2009-002, § 1, 1-23-2009;
Ord. No. 2010-004, § 2, 10-11-2010; Ord. No. 2012-002, § 1, 5-29-2012; Ord. No. 2014-002, § 1, 4-28-2014 ; Ord. No. 2014-004, § 1,
5-27-2014; 2015-001, § 1, 2-23-2015)
Sn
"Y. a;
y v
Sponsored by: Planning and Zoning Commission
Introduction Date: May 14,2012
Public Hearing Date: May 29,2012
Enactment Date: May 29,2012
CITY OF SEWARD,ALASKA
ORDINANCE 2012-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220
DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES
ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO
CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE
PUBLIC
WHEREAS, the Planning and Zoning Commission has held numerous public work
sessions on Title 15 updates; and
WHEREAS, the 6/21/2011 public work session specifically addressed the Development
Requirements and Development Requirements Table; and
WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the
1/25/2011 public work sessions specifically addressed 15.10.225 Land Uses Allowed and the
.,, Land Uses Allowed Table; and
WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns
and requests of the public and promote economic growth; and
WHEREAS, it is in the public interest to maintain a City Code that reflects community
needs;and
WHEREAS, on January 17, 2012 the City Council and the Planning and Zoning
Commission held a public work session to review all proposed Title 15 amendments; and
WHEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed City Code amendments.
NOW, THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code is hereby amended to read as follows:
Table 15.10.220—Development Requirements Table is hereby amended as follows:
( ethreuughs=deletions and are bold; Underline=additions and are bold Italic)
P11
CITY OF SEWARD,ALASKA
ORDINANCE 2012-002
Page 2 of 10
Zoning Districts Principally Residential Principally Commercial Principally
Public
RR R1 R2 R3 UR OR AC HC CB I RM INS P
Maximum Lot 30 35 35 40 40 3. 50 100* 100 100* 30 50 10
Coverage (%) *(See 50
Note 6,next page)
Title 15.10.225. - Land uses allowed is hereby amended as follows:
(Str-i-lietkrettglis= deletions and are bold; Underline= additions and are bold Italic)
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the
cnd of this Title.)
(b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of
this chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required.
Prior to issuing the permit, the city shall conduct an annual life safety inspection of
each guest room to assure compliance with the current Uniform adopted Building
Code door/window egress standards, the presence of an operable and inspected fire
extinguisher and adequate smoke detection systems, a posted evacuation plan, and
visible signs showing exit locations.
[the remainder of SCC 15.10.225(b),Lodging remains unchanged]
(c) Transient merchants as defined in section 15.10.140 (b)of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
(1) For purposes of this chapter, such use and storage of equipment shall be limited to a
period not exceeding 150 consecutive days in a calendar year.
(2) Transient merchant facilities shall be and remain legally licensed and road ready
and shall be removed completely from the property at the end of 150 days.
(items (3) and (4)of SCC 15.10.225(c), Transient Merchants remains unchanged]
(5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the vehicle or
trailer.
(6) Any additions, including but not limited to porches, platforms and decks, shall be
sided or painted to match or complement the vehicle or trailer
prior to operation.
(the remainder of SCC 15.10.225(c),Transient Merchants remains unchanged]
P12 A _ _
Sponsored by: Planning and Zoning
Introduction Date: April 14,2008
`.. Public Hearing Date: April 28,2008
Enactment Date: April 28,2008
CITY OF SEWARD,ALASKA
ORDINANCE 2008-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE TABLE 15.10.220.
DEVELOPMENT REQUIREMENTS, TO DECREASE THE SETBACKS
IN THE INDUSTRIAL ZONING DISTRICT
WHEREAS,various Industrial Zoning District property owners and lease holders have
requested decreasing the setbacks in the Industrial Zoning District;and
WHEREAS, following newspaper publication for two weeks, written notice mailed to
affected property owners and displayed in at least three public places, the Planning and Zoning
Commission held a public hearing at its April 15,2008 meeting and recommended City Council
approval of a proposed Zoning Code amendment;and
WHEREAS, decreasing the front setback may continue to provide for the orderly
development of the Industrial Zoning District;and
lam WHEREAS,decreasing the front setback may still allow for fire department access and
operations, utility easements, enforcement of snow-storage ordinances, parking requirements of
ordinances and safeguarding vehicular damage with bollards in life-safety circumstances;and
WHEREAS, the certified minutes and public records of the Planning and Zoning
Commission proceedings have been provided to the City Council.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD
ORDAINS that:
Section 1. The Seward City Code is hereby amended to provide that the 20 feet
setback is reduced to 10 feet in that portion of the Industrial Zoning District known as Leirer
Industrial Subdivision,filed of record in the Seward Recording District as Plat No.2002-19,and
Alaska Skill Center,Tract C-1,filed of record in the Seward Recording District as Plat No. 75-1,
Recorded 3-27-1975 and that Table 15.10.220 is revised accordingly.
Table 15.10,220 Development Requirements is hereby amended as follows
(Strikethroughs=deletions and are bold,Underline=additions and are bold):
P13
CITY OF SEWARD,ALASKA
ORDINANCE 2008-006 j
RR RI R2 R3 UR OR AC HC CB I RM INS P
Minimum Front Yard 20 20 20 20 20 20 10 None None 20 20 20 20
Setback(ft.)(See Note
7,next page)except
Lelrer and Tract C-1
below
Minimum Front 20 20 20 20 20 20 10 None None 10 20 20 20
Yard Setback (ft.)
for Lcircr Industrial
Subdivision and
Alaska Skill Center
Tract C-1 only. (See
Note 7,next page)
Minimum Side Yard
Setback (it) (See 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20
Notes 4 and 7, next mrn wI nu°.wi
page) th 15 th 15
total* total'
Minimum Side Yard 10 10 10 10 10 10 10 None None 20 10 10 20
Setback Adjacent to ami
Street(ft.)(See Note
7,next page)
Minimum Rear Yard 10 10 10 10 10 10 10 None, None 10 10 15 20
Setback (R.) (See
Notes 5 and 7, next 5and
page) 10•
Section 2. The above recitals are incorporated herein by reference.
Section 3. This ordinance shall take effect ten(10)days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,this 28th
day of April,2008.
THE CITY OF SEWARD,ALASKA
Clark Corbridge,Mayor
P14 , t �,
Sponsored by: Janke
Introduction date: July 12. 1 99
Public Hearing: July 12, 1999
Enactment Date: July 26, 1999
CITY OF SEWARD,ALASKA
ORDINANCE NO. 99-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE SEWARD CITY CODE SECTION 15.10.140
DEFINITIONS; 15.10.315.E. NONCONFORMING LOTS AND LOT
GROUPS; 15.10.220 DEVELOPMENT REQUIREMENTS; AND TABLE
15.10.220 DEVELOPMENT REQUIREMENTS
WHEREAS,it is in the best interest ofe community to periodically review and update the
city zoning code to reflect community changes and needs; and
WHEREAS, it is recognized that developable land within Seward is limited, and
development requirements should reflect the need to allow more productive use of that limited land
without degrading the quality of community life; and
WHEREAS, this ordinance is in line with recommendations in the Comprehensive and
Strategic Plans; and
WHEREAS, the Planning and Zoning Commission held a public hearing on May 5, 1999
and recommended a proposed ordinance to the City Council for adoption.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA
HEREBY ORDAINS that:
Section 1. Seward City Code 15.10.140 Definitions is hereby amended as follows:
Setback. The required minimum distance from 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 three two feet.
Section 2. Seward City Code Table 15.10.220. Development Requirements is hereby
amended as attached and incorporated herewith by reference.
P15 occ\ io
CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-10
Section 3. Seward City Code Section 15.10.220 Development Requirements C.
Setbacks-yards is hereby amended by adding the following subsection:
5. All structures shall be designed and constructed to prevent roofs from shedding snow onto
adjacent lots, structures, fences,or other property.
Section 4. Seward City Code 15.10.315 E. Nonconforming lots and lot groups is hereby
amended as follows:
,
E. Nonconforming lots. Nonconforming lots of record in existence on December 5, 1978
which do not meet minimum lot size or width requirements for the district in which they are located
may be used for all uses permitted in the district, provided they are at least 3,000 SF and all other
provisions of this Title are met.
Section 5. Seward City Code 15.10.220 - Development Requirements - Notes, is amended as
follows:
P16 -- C\ 1,e(C1 C( ' )0
OM r
CITY OF SEWARD,ALASKA
ORDINANCE NO.99-10
Table 15.10.220-Development Requirements
Principally Residential Principally.Commercial Principally Public
v
Zoning District RR R1 R2 R3 UR OR AC HC CB 1 RM INS P
I— _
Maximum Building Height(ft) 34 34 34 34 34 34 34 Vanes 34 34 34 34 34
(See Note I,next page] 26&
34"
Minimum Buildable Lot Size 20,000 Varies Varies Varies Varies Vanes Varies None Vanes 10.000 20,000 Nonc None
(sq ft) (See Notes 2&7, 3,000 to 3,000 to 3,000 to 3,000 to 3,000 to 6,000 to 3,000 to
next page] 7,000' 7,000' 9,000' 9,000' 9,000' 9,000' - 9000' T
Minimum Lot Width(ft) 100 Varies Varies Varies Varies Varies 60 or 30 Vanes 100 100 None None
(See Notes 3&7,next page) 30 to 30 to 30 to 30 to 30 to 90' 30 to
I( 60' 60' 90' 90' 90' 90'
Minimum Front Yard Setback 20 20 20 20 20 20 10 None None 20 20 20 20
(ft)[See Note 7,next page]
Minimum Side Yard Setback 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20
(ft)[See Notes 4 and 7.next min. min.
page] with 15 with 15
total' total"
Minimum Side Yard Setback 10 10 10 10 10 10 10 None None 20 10 10 20 .
Adjacent to Street(0)]See
Note 7,next page]
Minimum Rear Yard Setback 10 10 10 10 10 10 10 None.5 None 10 10 15 20
(ft)[See Notes 5 and 7,next and 10"
page]
Maximum Accessory Building 20 20 20 20 20 20 20 20 34 34 20 34 20
Height(ft)
Maximum Lot Coverage(%) 30 35 35 40 40 35 50 100' 100 100' 30 50 10
•
•;See Note 6,next page!
�.__ _) It .
P17 (`> Q A 1cA t 1 - 10
CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-10
NOTE I Within the HC District,in the area bounded by Fourth Avenue,the boat launch ramp,
the harbor basin and J Float Ramp, building height is limited to 26 feet.
NOTE 2 A. Buildable/useable area- lot may have to be larger to have minimum buildable
area available.
B. In the R1,R2,R3,UR,OR and AC Districts, from the Seward Highway/Phoenix
Road intersection south - 6,000 SF and north, 7,000 SF with 60 and 70 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 and AC Districts,individual originally platted 3,000,
4,500 and 5,000 SF 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 residence provided
parcel on December 5, 1978;all other Cede development etynelitions requirements of
this chapter are met;
E. Multi-family developments with 3-4 units require a minium 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 5 or more units.
Note 3 See Notes 2-D and 2-E above
Note 4 From Seward Highway/Phoenix Road intersection - south, a 5-foot setback, each
side; north, a minimum 5-foot setback each side as part of a combined 15-foot
setback total between both sides.
Note 5 In the HC District, parcels abutting mean high tide - no rear yard setback; parcels
abutting the waterfront boardwalk - 5 feet; and parcels not abutting the waterfront
boardwalk or mean high water mark- 10 feet.
Note 6 Excludes setbacks in HC and I
Note 7 In the Industrial District, no minimum lot size, with or setbacks are required for
unmanned electronic sites
P18 cc IctC1 V1 - 16
CITY OF SEWARD,ALASKA
ORDINANCE NO.99-10
Section 6. This ordinance shall take effect ten(10)days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,this
26 day of July, 1999.
THE CITY OF SEWARD, ALASKA
Seci-
Lowell R. Satin, Mayor
AYES: Blatchford, Callahan, Gage,King, Orr, Shafer
NOES: None
ABSENT: Satin
ABSTAIN: None
ATTEST:
Patrick Reilly
City Clerk
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(City Seal �4 •,... ............
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Sponsored by: Schaefermeyer
4111 CITY OF SEWARD, ALASKA
ORDINANCE NO. 626
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING CHAPTER 2.30, BOARDS AND COMMISSIONS,
AND ADOPTING TITLE 15, PLANNING AND LAND USE REGULATIONS,
OF THE SEWARD CITY CODE
WHEREAS, the City Council has requested the Kenai Peninsula
Borough to grant delegated authority to the City of Seward to
provide zoning regulations within the City; and
WHEREAS, the City Council has requested the Kenai Peninsula
Borough to grant delegated authority to the City of Seward to make
Land Use Plan amendments to the Seward Comprehensive Plan; and
WHEREAS, upon adoption of appropriate code provisions
regarding zoning and land use plan amendment regulations within the
City, the corresponding provisions will be deleted from the Kenai
Peninsula Borough code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
4110 HEREBY ORDAINS that:
Section 1. Article 2. Seward Advisory Planning and Zoning
Commission, under Chapter 2.30 Boards and Commissions of Title 2
Administration, is hereby repealed.
Section 2. A new Article 2 . Seward Planning and Zoning
Commission, under Chapter 2.30 Boards and Commissions of Title 2
Administration is hereby adopted as follows:
Article 2. Seward Planning and Zoning Commission
Sections:
2.30.210 Established
2.30.215 Terms of office, filling vacancies
2. 30.020 Meetings and quorum
2. 30.025 Duties and Powers
-4/Nx.
v2 n l ;•( [ L8 I lP r���
• ! . • • .
TABLE 15.20.085 DEVELOPMENT REQUIREMENTS
ZONING DISTRICTS
DESCRIPTION I RR R1 I RZr , R3 OR ; ,AC HC CB 1 I INS I, P RM
Maximum Building j 34 i 34 34 I 34 34 34 34 I 34 34 34 34 34
Height(ft)
Minimum Buildable + 6,000 1-2 Units
Lot Size - 204000 6.000 6.og0 9,000 for 3-4 Units 6,000 8,000 None 3,000 10,000 None None 20,000
(sq. ft.) 1/2/ 7,000 7,000 plus 1,200 per unit
for 5 units &above
Minimum Lot 100 60 60 90 ( 60 60 30 30 100 None None 100
Width (ft)
Minimum Front 20 20 20 20 [ .
20 10 None None 20 20 5 20
Yard Setback(ft) _
N Minimum Side $ 5
Yard Setback 10 15 TL 15 TL 10 5 5 5 None 10 10 5 10
(ft) 3/ 5 min 5 min
Minimum Side Yard
Setback Adjacent 10 10 10 10 10 10 10 None 20 10 5 10
to Street(ft)41 ,
Minimum Rear Yard
Setback(ft)4/ 10 10 10 10 10 10 10 None 10 15 5 l 10
Maximum Accessory
1Building Height(ft) 20 20 20 20 20 20 20 34 34 34 _ 20 20
Maximum Lot
Coverage(%)5/ 30 35 35 I 40 35 , 50 100 100 100 50 , 10 30
• 1/ Buildable/useable area-lot may have to be larger to have minimum buildable area available.
2/ 6,000 sq. ft. south of 1500 Block and 7,000 sq. ft. north of 1500 Block-R1 and R2
1 3/ 5 foot setback south of 1500 Block and 15 feet total both sides with 5 foot minimum north of 1500 Block- R1 and R2.
4/ Jesse Lee Heights Subdivision - 20 feet-R1
5/ Excludes setbacks in HC and I
PA^ r1-rv.o.3. "h. I c!. Uc` 1 y0"t- (0a(n
15.05.020. - Land use plan—Purpose.
A part of the comprehensive plan is the development of a land use classification system on which to
base zoning and to guide the land use regulation system. Such a classification system should provide a
balanced, compatible land use mix, in order to separate incompatible uses and minimize conflict between
land uses.
(Ord. 626, § 3, 1989)
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 (R2). 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.
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(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.
(11) Institutional district (INS). 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.
(12) 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)
Current Land use districts—Established, definitions for Work Session 11.28.2017
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15.10.135- Conflicts between codes.
Whenever there is a conflict within this chapter or with other ordinances pertaining to regulation of
property within the city, the most restrictive regulation shall apply.
(Ord. 626, § 3, 1989; Ord. 94-10; Ord. 99-16, § 3, 1999)
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;
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)
2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or
animal and poultry husbandry including buildings used to shelter farm implements, hay, grain,
poultry, livestock or other farm produce in which there is no human habitation and which is not
used by the public.
3. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for
refueling and repair, various accommodations for passengers, and business lease sites.
4. Alley. A dedicated public way which affords a secondary means of access to abutting property
and not intended for general traffic circulation.
5. Alteration. Any change, addition or modification in the construction, location or use of a building.
6. Amusement and recreation facility. Establishment engaged primarily in providing entertainment
for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball
machines, video games or other similar player-operated amusement devices.
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P24
7. Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbital based structures. Includes satellite dish.
( Apartment. See Dwelling)
8. Auto repair station. A place where a qualified automotive mechanic provides services such as
general motor vehicle and engine repair, reconditioning or rebuilding, and collision service
including body, frame and fender straightening and repair, painting and undercoating of motor
vehicles.
9. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or
installation of tires, batteries and other accessories and services which do not customarily or
usually require the services of a qualified automotive mechanic. Also known as a gas station.
( Bed and breakfast. See Lodging)
( Boarding or rooming. See Lodging)
10. Brewpub. An establishment that is primarily an eating place which includes the brewing of beer
as an accessory use.
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. Building, 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)
16. Business, general sales. A premises where the sale of goods or commodities to the consumer
takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops;
fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores.
17. Business, personal service. The conduct of business where personal assistance is offered for
compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
18. Campground. A plot of ground upon which two or more campsites are located, established or
maintained for occupancy by tents or recreation vehicles as temporary living quarters for
recreational or vacation purposes.
Current Code Definitions for 11.28.2017 Work session
P25
19. Campground, employee. An area operated by an established business with high seasonal
employment of transient workers as a housing alternative and not construed to be a
construction camp.
20. Child care, licensed center. In accordance with Alaska Statutes, a building where adult care,
protection and supervision is provided for children other than the owner's or operator's. Also •
called day care, nursery school, preschool and kindergarten.
21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult
care, protection and supervision is provided for children other than the occupant's. Also called
day care, nursery school, preschool and kindergarten.
22. Church. A building, structure or group of buildings or structures primarily intended for
conducting organized religious services and associated accessory uses. The definition of a
church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula
Borough Assessor's Office interpretation. A standard single-family residence not remodeled for
public meetings shall not be considered a church.
23. Clinic. A building or portion thereof containing offices and facilities for providing out-patient
medical, dental or psychiatric services, and which may include a dispensary to handle
medication and other merchandise prescribed by physicians in connection with their medical
practice.
24. Club, private. A building and related facilities owned or operated by a corporation, association or
group of individuals established for the fraternal, social, educational, recreational or cultural
enrichment of its members, but not primarily for profit, and whose members meet certain
prescribed qualifications for membership and pay dues. Includes lodges.
25. Cluster subdivision. A development design technique that permits a reduction in lot area
provided there is no increase in the number of lots permitted under a conventional subdivision
or increase in overall density of development by concentrating buildings in specific areas on a
site to allow the remaining land to be used for recreation, common open space and preservation
of environmentally sensitive areas.
( Commercial building apartment. See Dwelling)
26. Commercial use. An occupation, employment or enterprise that is carried on for profit by the
owner, lessee or licensee.
( Condominium. See Dwelling)
( Convalescent or nursing home. See Housing)
27. Convenience store. A small-scale neighborhood grocery establishment offering for sale
prepackaged food products, household items and other goods commonly associated with the
same and having a gross floor area of less than 5,000 square feet.
( Dormitory. See Housing)
28. Drinking establishment. Any premises wherein the principal purpose is the retail sale of
alcoholic beverages for consumption on the premises and minors are excluded therefrom by
law. Includes bar, cocktail lounge, tavern and nightclub.
29. Drive-in facility. Any portion of a building or structure which by design permits customers to
receive services, obtain goods or be entertained while remaining in their motor vehicles.
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 (see "Dwelling").
Current Code Definitions for 11.28.2017 Work session
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b. 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.
c. 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.
d. Commercial building apartment. An apartment located within a building designed to
accommodate a mix of residential and commercial uses.
e. Efficiency apartment (also called accessory, mother-in-law, or studio ). 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.
f. Guest house. An accessory building occupied on a temporary basis solely by nonpaying
guests.
g. 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.
h. 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.
i. 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.
j. 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.
k. Single-family, detached. A building designed and/or used exclusively for occupancy of one
family and entirely surrounded by open space on the same lot.
I. Two-family or duplex. A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from ground to roof or
unpierced ceiling and floor extending from exterior wall to exterior wall, except for a
common stairwell exterior to both dwelling units.
m. 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(see "Apartment").
n. 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.
( Efficiency apartment. See Dwelling)
31. Family. Any number of individuals not necessarily related by blood, marriage, adoption or
guardianship living together in a dwelling unit as a single housekeeping unit and distinguished
from a group occupying a rooming house, club, fraternity house or hotel.
32. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal
commonly kept as livestock.
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33. Flea market. An occasional or periodic sales activity held within a building or open area where
groups of individual sellers offer goods, new and used, for sale to the public, not to include
private garage sales.
34. Floor area, useable. That area used for or intended to be used for the sale of merchandise or
services or as leasable office space as measured from the interior surfaces of the walls
enclosing that part of the building. Such floor area which is used or intended to be used for the
storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded
from this computation of useable floor area.
35. Fractions. In the determination of density, required parking spaces or other requirements of this
Code, computations resulting in a fractional number of 0.50 or above shall be considered the
next larger whole number.
36. Garage, private. An accessory building or portion of a main building designed or used solely for
storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to
which it is accessory.
37. Greenhouse, commercial. A light-permeating structure used for cultivating and growing plants in
a controlled temperature and humidity environment where such plants are offered for sale either
on the premises or at another location.
( Group care home. See Housing)
( Guest house. See Dwelling)
38. Guide service. Any premises used for collecting or returning persons from recreation trips when
remuneration is provided for the service.
( Halfway house. See Housing)
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.
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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.
44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes,
trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper,
plastic or other scrap materials.
45. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of
breeding, buying, selling, keeping or boarding five or more dogs over the age of four months,
whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people
or business entity. Does not include an animal shelter.
46. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor
farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.). Does not include cats, dogs
and other common household pets.
47. Loading space. A space located on premises for pickup and delivery at the premises. Required
off-street loading space shall not be included as an off-street parking space.
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.
Current Code Definitions for 11.28.2017 Work session
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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 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, 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.
50. Lumberyard. An establishment that sells sawn timber and other building materials typically
stored on the premises.
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51. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials; or a use engaged in storage of or
manufacturing processes using flammable or explosive materials; or storage or manufacturing
processes that potentially involve hazardous or commonly recognized offensive conditions.
52. Manufacturing, light. A use engaged in the manufacture, predominantly from previously
prepared material, of finished products or parts, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales and distribution of such products, but excluding
basic industrial processing.
53. Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900
and any amendments thereto.
54. Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a
marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store
as those terms are defined in AS 17.38.900 and any amendments thereto.
a. Marijuana cultivation facility. Marijuana cultivation facility means an entity registered to
cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores,
to marijuana product manufacturing facilities, and to other marijuana cultivation facilities,
but not to consumers.
1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has the
privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3
AAC 306.405(c), except that it must have fewer than 500 square feet under
cultivation.
b. Marijuana product manufacturing facility. Marijuana product manufacturing facility means
an entity registered to purchase marijuana; manufacture, prepare, and package marijuana
products; and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
c. Marijuana testing facility. Marijuana testing facility means an entity registered to analyze
and certify the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to purchase
marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana
products from marijuana product manufacturing facilities, and to sell marijuana and
marijuana products to consumers.
55. Marijuana products. Marijuana products means concentrated marijuana products and marijuana
products that are comprised of marijuana and other ingredients and are intended for use or
consumption, such as, but not limited to, edible products, ointments, and tinctures.
56. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats
that may include the sale of fuel and incidental supplies for the boat owners and guests. Also
includes harbor.
( Mobile home. See Dwelling)
57. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two
or more mobile homes are located or for which space is leased or held out for lease or use on a
month-to-month or longer basis. This does not include sale lots on which unoccupied mobile
homes are parked for inspection and sales and shall not be construed to mean tourist facilities
for parking of travel trailers, motor homes or campers.
58. Mobile medical unit. A trailer, motorized coach or van capable of being transported from place
to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical
diagnostic device or decontamination equipment.
( Modular home. See Dwelling)
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( 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.
61. Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive.
62. Office. A building or portion of a building wherein services are performed involving
predominantly administrative, professional or clerical operations; i.e., travel, insurance,
employment, utility, public service or government agencies.
63. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other
legal entity having sufficient proprietary interest in the land, including the attorney or agent
thereof.
64. Park.Any public land available for recreational, educational, cultural or aesthetic use.
65. 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.
66. 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.
67. 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.
68. Parking, valet. Attendant parking provided as a service to patrons of commercial
establishments.
69. Peddler. A person who, with no fixed place of business, goes from house to house, place to
place, or from store to store transporting goods, wares or merchandise for sale or offering or
exposing the same for sale or making sales and delivering articles to purchasers. (See
Transient merchant and Vending, Street.)
70. Planned unit development. A land development under unified control that is planned and
constructed in its entirety as a single development operation or in a series of programmed
stages. The development may include streets, circulation ways, utilities, residences, commercial
buildings, open spaces and other site features and improvements some of which may not
otherwise be individually permitted.
71. Profession. An occupation or calling requiring the practice of a learned art through specialized
knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor
of medicine, lawyer, engineer or real estate broker.
72. Professional office. The office of a member of a recognized profession maintained for the
conduct of that profession.
73. Recreational, indoor commercial. A facility accommodating such indoor recreation activities as
skating rinks, bowling lanes or shooting/archery ranges.
74. Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing
fields or miniature golf.
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75. Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping
quarters for humans and which may be driven, towed or propelled from one location to another
without change in structure or design, whether or not the same is supported by wheels or
identified by a model, serial or vehicle registration number. Includes travel trailers, camping
trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles.
76. Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle
sites are located, established or maintained for commercial occupancy by recreational vehicles
of the general public as temporary living quarters for recreation or vacation purposes. Includes
trailer park and camper park.
77. Recycling center. A building in which used material is separated and processed prior to
shipment to others who will use those materials to manufacture new products.
78. Recycling collection point. An incidental use serving as a neighborhood drop-off point for
temporary storage of recoverable resources. No processing of such items would be allowed.
This facility would generally be located in a shopping center parking lot or in other public/quasi-
public areas such as churches and schools, as opposed to being allowed on residential or
vacant lots.
79. Repair service, household/appliance. A business establishment where repairs are made to
appliances and furniture.
80. Residence. A home, abode or place where an individual is actually living at a specific point in
time.
81. Resource extraction. Commercial or industrial operations involving the removal of
nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any
operations having similar characteristics. Said use includes the use of heavy equipment such as
loaders, dozers, backhoes and crushers.
82. Restaurant. An establishment whose principal business is the sale of food and/or beverages to
customers in a ready-to-consume state and whose principal method of operation includes one
or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods and
beverages by a restaurant employee at the same table or counter at which the food and
beverages are consumed; and/or
b. A cafeteria-type operation where food and beverages generally are consumed within the
restaurant building.
83. Restaurant, fast-food. An establishment whose principal business is the sale of quickly
prepared, ready-to-eat food and/or beverages for consumption within the restaurant building,
within a motor vehicle parked on the premises, or off the premises as carry-out orders, and
whose principal method of operation includes the following characteristics: orders are generally
taken at a main counter or drive-up window and food and/or beverages are usually served in
disposable wrapping or containers. This includes drive-in and carry-out restaurants.
84. Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by,
but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or
public utilities.
85. Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or
abandonment of junk or waste material, including scrap metal or other scrap materials, or for
the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts
thereof.
86. School. Any public, religious or nonprofit facility providing a general curriculum of academic or
vocational instruction serving any or all grades between kindergarten and twelfth grade.
87. School, commercial. A facility providing commercial instruction in such activities as music,
dance, arts, crafts and sailing.
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88. School, adult vocational. A facility providing a general curriculum of adult academic or
vocational instruction.
89. 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.
90. Shopping center. A single complex which provides a combination of retail establishments
designed in such a manner as to provide convenience for shoppers with common parking
facilities. Includes mall.
( Single-family, attached. See Dwelling)
( Single-family, detached. See Dwelling)
91. Solid waste facility. A disposal site employing an engineering method for disposing of solid
wastes in a manner that minimizes environmental hazards. Includes landfill, compactor,
transfer, etc.
92. Storage. A structure or designated area that provides space for storing.
a. Container. An accessory storage use consisting of containers such as semi-tractor vans,
shipping containers and conex containers originally designed to transport goods and
materials via highway, rail, air or sea, which are placed on a parcel of land and used for
covered storage provided that all wheel assemblies have been removed, and the unit is
located outside any setbacks. Containers, whether temporary or permanent, are
considered a structure and must comply with current adopted building codes. Railroad box
cars are excluded except in the industrial zone. (See Accessory Use/Building, Building,
and Structure)
b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of
any goods, junk, material, merchandise or vehicles in the same place for an extended
period of time. In the harbor commercial area, the use is limited to the storage of boats
only.
c. Self-service. A building or group of buildings consisting of individual, small, self-contained
units that are leased or owned for storage of business and household goods or contractors'
supplies. Includes mini warehouses.
d. Warehouse and distribution. A building used primarily for the storage and/or distribution of
goods, products, materials, supplies and equipment, but excluding bulk storage of
materials that are flammable or explosive or that create hazardous or commonly
recognized offensive conditions.
93. Street. A dedicated public way which affords the principal means of access to abutting property,
such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except
an alley as defined herein.
94. 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.
95. Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt.
96. Temporary structure. A structure without any foundation or footings as allowed by the adopted
building code which must be completely removed from the parcel when the temporary permit for
the structure/use expires.
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97. Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for
carrying materials, goods or objects or as a temporary office or business.
98. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city
or not, who engages in a temporary business, within a period not exceeding 150 consecutive
days in a calendar year, of selling and delivering goods and/or services, wares and
merchandise for profit or nonprofit within the city by operating on a door-to-door, street corner or
similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters
that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or
tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles
for hire.
(Two-family or duplex. See Dwelling)
( Unit, dwelling unit. See Dwelling)
99. Utility, public facility. An installation owned by an agency under public franchise or ownership, or
under certificate of convenience and necessity, providing the public with electricity, gas, heat,
steam, communication, water, sewage collection or other similar service.
100. Vehicle, motor. A self-propelled device used for transportation of people or goods over land
surfaces and licensed as a motor vehicle.
101.Vending. The sale of food, services or merchandise.
a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the
general public.
b. Mobile vending cart. Is a non-motorized structure or unit on wheels that is easily moved
and used for vending.
c. Mobile vendor. A person or business that sells food or permitted types of goods from city-
approved locations using (i) a licensed vehicle or cart capable of movement; or (ii) a
licensed trailer pulled behind a motor vehicle.
d. Pre-packaged food. Ready-to-eat food that is cooked, wrapped, packaged, processed, or
portioned for service, sale or distribution.
e. Roving vendor. A person who offers only pre-packaged food items to the public, with or
without the use of a licensed motor vehicle, from no fixed location on public property, only
on rights of way within designated zoning districts, excluding Fourth Avenue between Port
Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between
Jefferson Street and Railway Avenue.
f. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the
city or not, who engages in a temporary business, within a period not exceeding 150
consecutive days in a calendar year, of selling and delivering goods and/or services, wares
and merchandise for profit or nonprofit within the city by operating from a location out-of-
doors or in quarters that are easily moveable, such as a temporary leased area or space,
or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and
vendors. Does not include vehicles for hire. Transient merchants operate exclusively from
private property. (Note: Transient merchant definition relocated. Previously 15.10.140. B.
95.)
102.Veterinary hospital. A facility, which may include animal runs, in which veterinary services are
rendered to animals and domestic pets and which may include clipping, bathing, boarding and
other services. Includes veterinary clinic.
(Watchman or caretaker dwelling. See Dwelling)
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103. Water-dependent. A use or activity which can be carried out only on, in or adjacent to water
areas because the use requires access to the water body for water-borne transportation,
recreation, energy, production or source of water.
104. Water-related. Uses which are not directly dependent upon access to a water body but which
provide goods or services that are directly associated with water-dependent land or waterway
use and which, if not located adjacent to water, would result in a public loss of the quality of
goods or services offered.
105.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.
106.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.
(Ord. 626, § 3, 1989; Ord. 633, § 1, 1990; Ord. 92-02; Ord. 92-14; Ord. 93-05; Ord. 94-26; Ord.
95-07; Ord. 95-17; Ord. 96-05; Ord. 97-12; Ord. 98-02; Ord. 98-06; Ord. 98-09; Ord. 99-01;
Ord. 99-10; Ord. 99-16, § 3, 1999; Ord. 2003-09; Ord. No. 2010-005, § 1, 10-11-2010; Ord. No.
2011-004, § 1, 5-29-2012; Ord. No. 2014-002, § 1, 4-28-2014 ; Ord. No. 2014-004, § 1, 5-27-
2014; Ord. No. 2015-001, § 1, 2-23-2015; Ord. No. 2016-005, § 3, 6-27-2016)
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