HomeMy WebLinkAbout04262011 Planning & Zoning Work Session Packet 15.10.140-- Definitions
A.
General intertoretation.
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. In this chapter, unless otherwise provided or the context otherwise requires:
Accessory building. A detached structure that:
(zj) 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;
(,11) Contributes to the comfort,convenience or necessity of occupants, business or
industry in the principal building or use served; and
( ,) 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 apartment. See dwelling,efficiency apartment.
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.
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.
`;. Alley. A dedicated public way which affords a secondary means of access to abutting property
and not intended for general traffic circulation.
Alteration. Any change, addition or modification in the construction, location or use of a building,
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.
Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based structures. Includes satellite dish.
Apartment. See Dwelling
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.
if" 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.
11. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or
property of any kind.
i:'. Building area. A total area taken on a horizontal plane at the main grade level of the principal
building and all accessory building, exclusive of external steps.
Building, existing. A building erected prior to the adoption of this code or one for which a legal
building permit has been issued.
r ! 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 building:
(,)) 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
o) An elevation ten feet higher than the lowest grade when the sidewalk or ground
surface described in subsection(1)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.
i.: 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.
rG 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.
Business,personal service. The conduct of business where personal assistance is offered for
compensation;i.e., dressmaking,tailoring, barbers and beauty,etc.
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.
i 1 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.
Child care, licensed center. In accordance with Alaska Statutes, a building where adult care,
protection and supervision is provided for children other than the owners or operator's.Also called day care,
nursery school, pre-school and kindergarten.
i 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, pre-school and kindergarten.
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.
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.
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.
>. 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.
PT 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.
M. 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.
2L) 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").
(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 multi-unit 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.
(1) Guest house. An accessory building occupied on a temporary basis solely by non-
paying 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)Modularhome. 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.
Q) 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.
,�-I Farm animal. Any cow, horse, mule,goat, sheep, pig,chicken, or other similar animal
commonly kept as livestock.
s. 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.
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.
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.
�6 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.
3%. 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 hoiise. SPe Hoilsing.
39. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs(athletic,
health or recreational), reducing salons and weight control establishments.
10 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.
4 t 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.
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 Dousing for groups of people, such as students, employees or
nursing hotrte 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 by severat-feorns
and in which there are no individual cooking facilities.
(b) Convalescent or nursing home. A structure with sleeping rooms where persons are
housed or lodged and are furnished with meals, nursing and medical care.
(c)Dormitory. A building used as residential group living quarters for a student body or
religious order as an associated use to a school, orphanage or other similar institutional
use, and does not include kitchen facilities except a group kitchen facility to serve all
residents.
(d) Group care home. A dwelling shared by no more than five disabled persons, plus
resident staff,who live together as a single housekeeping unit and in a long-term, family-
like environment in which staff persons provide care, education and participation in
community activities for the residents with the primary goal of enabling residents to live as
independently as possible in order to reach their maximum potential. The term"group care
home" shall not include alcoholism or drug treatment center,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.
Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes,
trailers, :,- Ec i� i;,(�, used appliances or furniture,scrap building materials, metals, rubber, paper, plastic or
other scrap materials.
4`> 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.
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.
t/. 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.
1t3. Lodging. The renting out of a dwelling, or portion thereof,to provide overnight sleeping
accommodations for a period of less than 30 consecutive days.The use includes the providing of meals to
overnight guests only.This use includes bed and breakfast, but does not include motel, hotel or hostel.
(a)Bed and breakfast. An owner occupied and operated single-family residential dwelling
where lodging with a meal is provided for compensation on a short-term basis. The term
does not include boardinghouses and separate apartments which are leased on a month-
to-month or longer basis.
-. (b)Boarding or rooming. An owner occupied building which has not more than five rooms
available for rent or lease on other than a day-to-day basis and not open to transient
guests for residential occupancy and in which no cooking or dining facilities are provided
in the individual rooms. Meals may be regularly prepared and served for compensation at
a table, family-style,without service or ordering of individual portions from a menu. The
term includes lodging house or rooming house but does not include separate apartments
with individual kitchen and bath facilities.
(c) Hostel, A building, or portion thereof, in which temporary or overnight lodging is
provided for hikers,cyclists or other travelers not generally traveling by car.
(d)Hotel. A facility with six or more guest rooms and on premises management offering
transient lodging accommodations to the general public on a daily rate where access to all
sleeping rooms is through a main entrance and which may provide food, entertainment,
meeting rooms, recreational facilities or various personal services. Includes lodges and
inns.
(e)Motel. A building, or group of detached or connected buildings, having six or more
guest rooms, an on premises manager and parking conveniently located on the premises,
which are designed primarily to offer sleeping accommodations, with or without meals, to
the motoring public on a daily rate, Includes designations such as motor lodges, auto
courts, tourist courts and similar terms.
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:
(1)
A single lot of record;
(2)
A portion of a lot of record;
(3)
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
(4)
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.
( 0 Lot area. The total horizontal area within the lot lines of a lot, exclusive of
streets and alleys.
01) 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.
i( ) Lot, comer. A lot situated at the intersection of two or more streets having an
angle of intersection of not more than 135 degrees.
(0) 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.
Lot depth. The horizontal distance between the front and rear lot lines
measured on the longitudinal centerline.
;? Lot, interior. A lot other than a corner lot.
(fir) 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.
(I) 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.
()Lot line, side. Lot boundary not a front lot line or a rear lot line.
(jl Lotline, 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.
Lumberyard. An establishment that sells sawn timber and other building materials typically
stored on the premises.
'r 1 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.
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.
1)1, 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.
rj,l. 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.
,')") 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, IVIRI or similarly complex medical diagnostic
device or decontamination equipment.
Modular home. See Dwelling.
Motel. See Lodging.
Multiple-family. See Dwelling.
Non-conforming 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.
Non-conforming 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.
" Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive.
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.
;! 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.
C;i Paris. Any public land available for recreational, educational,cultural or aesthetic use.
(:' 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.
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.
. 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.
Parking, valet. Attendant parking provided as a service to patrons of commercial
establishments.
t;Cf 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.)
6 Planned unit development.Aland 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.
Ga. 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.
Cif; Professional office. The office of a member of a recognized profession maintained for the
conduct of that profession.
iu. Recreational, indoor commercial. A facility accommodating such indoor recreation activities as
skating rinks, bowling lanes or shooting/archery ranges.
/I Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks,
playing fields or miniature golf.
/?. 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.
,.' 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.
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.
i!) 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.
Repair service, household/appliance.A business establishment where repairs are made to
appliances and furniture.
77. Residence. A home,abode or place where an individual is actually living at a specific point in
time.
M) 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.
i c). 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:
o)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
(6)A cafeteria-type operation where food and beverages generally are consumed within
the restaurant building.
9i 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.
t 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.
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.
School. Any public, religious or non-profit facility providing a general curriculum of academic or
vocational instruction serving any or all grades between kindergarten and 12th grade.
School, commercial.A facility providing commercial instruction in such activities as music,
dance,arts, crafts and sailing.
School, adult vocational. A facility providing a general curriculum of adult academic or
vocational instruction.
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 two feet.
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.
' 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.
89. 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 parked or placed on a parcel of land and
used for covered storage provided that all wheel assemblies have been removed;the unit
is placed on an approved foundation;the unit is roofed,
skirted or sided to match the primary building on the property; and the unit is located
outside any setbacks. Railroad box cars are excluded except in the Industrial Zone.There
are no grandfathered uses. (See accessory use/building, building, and structure.) I hf v
are considered a structure and must comply with applicable building codes.
(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.
( ) 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.
(ri) Warehouse and distribution.A building used primarily for the storage and 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.
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.
<)1 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, retraining walls
less than three feet in height signs and similar improvements of a minor character are excluded.
92. Surface, durable. Means brick, flag-type stone, gravel,cement,or asphalt.
93. Temporary structure. A structure without any foundation or footings as allowed by the adopted
Building Code. and-that-is period,activity or use-for which the temporaryy
tFUGt„ e was eGted-has-£ease -,
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.
[ifi Transient merchant.Any person, partnership,firm or corporation,whether a resident of the city
or not,who engages in a temporary business,within a period not exceeding 150 consecutive days in a
calendar year, of selling and delivering goods and/or services,wares and merchandise for profit or non-profit
within the city by operating on a door-to-door, street 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.
96. 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.
?;' Vehicle, motor. A self-propelled device used for transportation of people or goods over land.
surfaces and licensed as a motor vehicle.
98. Vending. 1"he sale of food or merchandise.
(,j)Mobile unit.Any type of vehicle or wagon which is designed to be readily movable and
from which any food or beverage is prepared for immediate consumption and sold or
offered for sale to the public at any location,whether on private or public property.
-1 Street. The sale of food or merchandise from a cart, stall or vehicle located in any
public right-of-way.
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.
100 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.
i 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.
W" Yard. A required open space on the same lot with amain building, unoccupied or
unobstructed from the ground upward, except as otherwise provided in this chapter.
{�'" 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.
(r,) 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.
(�;) 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.
i+ 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)(Proposed Format Changes,Edits Front April 26,2011 Work Session.)
The Seward Police Department
p .
Date:
Address:
The police department has received complaints regarding your property.
The laws regarding residential refuse disposal and storage:
14.05.025—Use of containers and placement
(a)Every person occupying a building in the city shall provide containers suitable for collections of refuse.
14.05.030. Container specifications generally.
(a) All containers shall conform to the following minimum specifications:
(1) Shall not exceed 40 gallons capacity;
(2) Shall not exceed 65 pounds when filled;
(3) Shall not exceed 30 pounds empty weight;
(4) Shall be watertight with an animal-proof lid and of adequate durability for continued use. No
corrugated cardboard box shaII be used except as herein provided. No 50 or 55 gallon steel petroleum
drums or the like shall be permitted,whether cut down or otherwise altered.
(b) Certain bulk rubbish and waste material containers may be approved by the public works department
of the city. Such containers shall be kept in a clean and sanitary condition and shall be provided with tight
lids.
14.05.035—Container racks.
Containers or container racks shall be designed as to prevent the upsetting or spillage by wind,weather,
animals,or accident. Containers or container racks shall not be placed on the public right-of-way.
This is a courtesy warning, any future violations will result in a citation.
1"Offense Warning and informational packet given to violator.
2nd Offense Citation for violation of City Ordinance SMO 14.05.035
Fine $50.00 or Correctable by proof of purchase of bear resistant container.
3rd Offense Citation for violation of City Ordinance SMO 14.05.035
Fine $300.00
41h Offense Arrest by summons for violation of 5 AAC 92.230(a)(1) or (2)
Negligent or Intentional feeding of game animals.
(leaving human food, animal food, or garbage in a manner that attracts ...
Bears ...)
THANK YOU FOR HELPING TO KEEP THIS COMMUNITY SAFER AND
CLEANER.
Garbage Bears and You
Seward residents, businesses and visitors can all help prevent problems with
bears by following these suggestions:
1. Take garbage to the transfer site during bear season. (It's Free!)
2. Store your garbage in sealed bear resistant cans.
3. Keep your garbage indoors until shortly before pickup:
Store cans in your garage, in a sturdy shed, behind a heavy duty fence, or
in your house.
4. Build a bear-proof storage shed with your neighbors.
5. Dispose of food scraps in your garbage disposal.
6. Freeze remaining food scraps, especially fish and meat until
garbage pickup day.
7. Keep your garbage cans clean and odor free.
8. Pour ammonia on your trash before sealing the lids.
Some bears don't like the smell of ammonia.
9. Rinse and recycle bottles and other food containers.
W7rrM)P IMP
It's the right thing to do.
It not only prevents you from being responsible if someone got hurt by a bear that
was attracted to your garbage, it also helps bears remain wild.
It's the Law.
See the preceding page for penalties.
(QUESTIONS? CALL SEWARD POLICE
DEPARTMENT AT 224-3338
IT IS ILLEGAL TO
FEED GAME ANIMALS
IN ALASKA (WITHOUT
A PERMIT)
STATE LAUD REGARDING FEEDING OF
GAME ANIMALS
Alaska state law (5 AAC 92.230) makes it illegal for any
person to feed or intentionally leave food or garbage in
a manner that attracts moose bear, wolf, fox, or
wolverine (except with a permit). Under the state's
policy for managing animal/human conflicts, individuals
who take an animal under "defense of life or property"
provisions ma f be cited if the take is brought about by
the improper disposal of garbage or a similar attractive
nuisance. (This includes bird feeders frequented by
bears or moose.) hinfocenterlhandoutsW is illegal to feed game animals
A
IS A
Uq
am Ask
Ki s ears
Cyd
h T of FtS�
(i?
Alaska is bear country- No matter where we live in the predictable. A bear feeds on garbage,and we enjoy the
state we're never far from bears. As Alaska's population spectacle. After a few visits,the bear loses its fear of
has grown,we have moved into areas where bears have humans because the lure of the garbage is stronger than its
lived for thousands of years, We cannot expect bears to natural aversion to man. When the bear no longer fears
change. Ch1r behavior must change if both bears and man humans,it must be destroyed before it threatens a life. In
are to live near each other. plain language,the person who does not properly care for
The law prohibits feeding bears in Alaska. his or her garbage creates a situation which forces
Feeding includes both directly providing food and storing destruction of the bear.
garbage in a manner which encourages bears to help Garbage bears are killed because it is the only
themselves. Alaska's defense of life and property law honest option available. Transplanted tears often will
pen its the killing of a problem bear if"_the,the necessity return from great distances to their home territory, and
for the(taking)is not brought about by the improper those that don't return take their raiding habits with them
disposal of garbage or a similar attractive nuisance." to new areas.
Improper disposal of garbage may lead to fines and it may We humans roust accept responsibility for our
also lead to a bear's destruction. trash The only way people and bears can coexist in
Bears are intelligent creatures_ It doesn't take Alaska is if we care enough to keep bears from becoming
thern long to realize that an improperly maintained garbage accustomed to human foods and garbage_
can is an easy source of food The pattern of events is
A SZA R AT roe PD P- EY�'N-TRA4LS:PJa Itlf P
�}�PaUn. F MS�soRE.
ire T,, SAVE A BEAR
Garbage Care Tips
1, Store garbage inside until pick-up day.
YVE cDm Es SAC-PoR mc[RC_ He rW*S THAT NLS 1iPuh1 1;A6
six 2. 'fake advantage of regular trash pick-up services.
aw�C'rs.v . Don't stockpile your garbage.
�° � t1QT rOK A gRUYN.
3. Store garbage in tightly sealed bags; store fish
Q f — parts and meat bones in freezer until garbage
pick-up day.
4. Keep storage containers air tight and odor free.
5. Properly incinerate all garbage-
StiEtJ 50 AEC-NE rM NU«r fYN UinZOAR EN;USs F'KD
WVp nYcuorrr YE.yps-rWr
r+� e�sa Gnu au ME 6. Properly incinerate and/or pact:out all garbage
from campsites and picnic areas.
intentionally or knowingly feeding a bear
- is against state law.
�NS�G
Alsske Fish &Game
14 I:Vnfocenterlhandoutslgarbage kits bears.doc
2/23/2011 RBCA—Bear Safe Meeting
Sold 650 cans over % inside the City Limits
Alaska Waste
With new rates the large can is $32.00 per month. People are choosing not to use the
cans because of the cost.
Extra $10 per month for the Animal resistant lids, unkn charge to install.
$8.50 per month to lease a animal resistant can
Biggest problem seems to be the dumpsters.
o Require all dumpsters to have animal resistant lids through the
contract with the provider
0 Change the code to require animal resistant lids on all dumpsters.
o Change the code to give more strength to the police department to
ticket the property owner not the occupant of the structure.
Police Dept.
0 Enforcement (Better word "Compliance")of the City code, who, why
not
0 Summer hire for enforcement—Kenai has program set up, Gus
Sandal, police chief, Rick Cook is also involved with the Kenai Police
Dept on the summer hire. They are not armed.
o State of Alaska Regs
o Training available for police and summer hires—Larry Lewis &the
National Park
Education
o Meeting on Monday the 2$t' at Legends on Bear Safety
o Bear Safety education for the Schools,junior Bear Safety officers
0
UTILITIES 14 . 05. 015
Chapter 14.05 Garbage and Refuse3
14.05.010 Refuse service provided and required.
14.05.015 Deposit of refuse.
14.05.020 Transportation.
14.05.025 Use of containers and placement.
14.05.030 Container specifications generally.
14.05.035 Container racks.
14.05-040 Frequency of collection. _. .._._ __.... ... .._ ..._. ... _�
14.05.045 Brush, tree trimmings, etc.
14.05.050 Large boxes, crates, etc.
14.05.010 Refuse service provided and required.
A. Every person occupying a building or building site within the city shall use the system of
refuse disposal provided in this chapter;unless the person utilizes a carrier holding a valid permit
from the Alaska Public Utilities Commission. The city may exempt a person from this
requirement.
B. The city shall either provide or contract for collection and disposal of refuse. The public
works department of the city or the contractor shall prescribe routes and days for collection. When
such routes or days are established or changed, reasonable notice thereof shall be given to affected
customers. No other carrier other than one authorized by the Alaska Public Utilities Commission
may collect, dispose, or remove refuse from any premises in the city. Nothing in this section shall
be deemed to prohibit an occupant from removing or causing the removal of refuse accumulated
on the premises occupied by him and disposing of the same in a lawful manner. (Ord. 415, 1975;
Ord, 428, 1976; Ord. 504, 1982)
14.05.015 Deposit of refuse.
A. No person shall place or deposit any refuse in or upon any public alley, street or highway,
sidewalk, park or other public place in the city except as herein expressly authorized. No person
shall place any refuse on land of another.
B. Dumpsters or trash receptacles located on public property may only be used for depositing
small quantities of refuse generated in connection with public activities such as picnicking,
camping, touring, pleasure boating, sport fishing, or other outdoor recreation. No person shall
deposit refuse generated by residential, commercial, or industrial uses in or near any dumpster or
trash receptacle located on public property. No person shall deposit refuse in or near any
dumpster or trash receptacle located on public property contrary to any instructions posted on or
near the dumpster or trash receptacle.
a See AS 29.35.050 for state provisions allowing municipalities to provide for a system
of garbage and solid waste services; see AS 29.35.060 for state provisions allowing municipalities
to grant franchises; see.§ 7.10.210 et seq. as to garbage disposal in the small boat harbor; see §
8.15.340 as to garbage disposal in trailer courts.
Supplement No. 97-1 Ciry of Seward
07197 14 - 11
5 14. 05. 020 UTILITIES
C. No person shall deposit refuse in a private dumpster without the owner's consent. Owners
of dumpsters may post signage on or near privately owned dumpsters stating that unauthorized use
is a violation of the City Code.
D. Violation of this section is subject to a fine of$100.00 for each offense. (Ord. 504, 1982;
Ord. 96-28)
14.05.020 Transportation.
No person shall transport refuse within the city unless it is transported in a covered or enclosed
vehicle er one which is loaded-in such manner as-to.prevent any-of-the contents from-escaping.
(Ord. 417, 1976; Ord. 504, 1982)
14.05.025 Use of containers and placement.
A. Every person occupying a building in the city, shall provide containers suitable for
collection of refuse. All refuse such as vacuum cleaner dust, nonexplosive liquids, sweepings and
other refuse that poses a hazard to collection or risk of spillage in normal collection shall be
individually packaged prior to placement in a container.
B. Customer containers shall be placed abutting a dedicated public right-of-way. Only city
containers may be placed upon the public right-of-way. (Ord. 504, 1982)
14.05.036 Container specifications generally.
A. All containers shall conform to the following minimum specifications:
1. shall not exceed forty gallons capacity;
2. shall not exceed sixty-five pounds when filled;
3. shall not exceed thirty pounds empty weight;
4. shall be watertight with an animal-proof lid and of adequate durability for continued
use. No corrugated cardboard box shall be used except as herein provided. No fifty or fifty-five
Gallon steel petroleum drums or the like shall be permitted, whether cut down or otherwise
altered.
B. Certain bulk rubbish and waste material containers may be approved by the public works
department of the city. Such containers shall be kept in a clean and sanitary condition and shall
be provided with tight lids. (Ord. 504, 1982; Ord. 95-06)
14.05.035 Container racks.
Containers or container racks shall be designed as to prevent the upsetting or spillage by wind,
weather, animals, or accident. Containers or container racks shall not be placed on the public
right-of-way. (Ord. 504, 1982; Ord. 95-06)
14.05.040 Frequency of collection.
All garbage and rubbish receptacles shall be emptied and cleaned at least weekly. All waste
material must be removed at least once each month. Building or construction waste and debris
shall be removed weekly and upon completion of construction. (Ord. 504, 1982)
Supplement No. 97-1 City of Seward
07197 14 - 12
IITILITIES S 14 . 05 . 050
14.05.045 Brush, tree trimmings, etc.
Brush, trees, lawn cuttings or similar materials shall be securely bound in bundles not to
exceed two feet in diameter. They may be placed in disposable cardboard containers. Branches
or logs shall not be more than three inches in diameter or more than four feet in length.
Containers shall not exceed sixty-five pounds in weight. (Ord. 504, 1982)
14.05.050 Large boxes, crates, etc.
Large appliance-cartons, shipping crates or small-non-bulky.-items oT-furniture and-similar
materials shall be disassembled prior to collection. (Ord. 504, 1982)
Supplement No. 97-1 City of Seward
07197 14 - 13