HomeMy WebLinkAbout07202010 Planning & Zoning Work Session Packet 15.10.210. Adoption of zones.
(a) The city is hereby divided into zones, whose definition and purpose are identical to
those in section 15.05.025(b), which shall be bounded and defined as shown on the
official zoning map.The official zoning 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) Undesignated, annexed lands. Property which has not been specifically included
within a zone and lands which may hereafter be annexed to the city shall be classified
rural residential until such classification is changed by amendment to the zoning
ordinance as provided by section 15.01.035.
(Ord. 626, § 3, 1989; Ord. 649, §§ 3, 4, 1991)
15.10.215. Parking.
(a) Except in the CB and the HC districts, there shall be provided permanently
maintained off-street parking for each principal business and each marine charter
business. It shall be the responsibility of the business owner or marine charter business
operator to provide and maintain said off-street parking in accordance with this chapter
continuously during the life of the business or the operation of the marine charter
business.
(b) For each principal building or use within a principal building, there shall be no less
than the number of off-street vehicle parking spaces specified under this section:
TABLE INSET:
Land Use Minimum Number of Parking Spaces
Dwellings and Lodges
Single-family and 2-family dwellings 2 parking spaces per dwelling unit
and parish houses
Multiple-family dwellings and other 2 parking spaces per dwelling unit plus 1/2 space
places containing multiple dwelling for every unit larger than 2-bedrooms or greater
units than 1,000 square feet in size
Hotels and motels 1 space per guest unit
Lodging, rooming and boardinghouses 1 space per guest room plus spaces for the
principal dwelling unit
Dwelling, apartment efficiency 1 off-street parking space in addition to those
required of the principal dwelling
Institutions and public uses
Churches, auditoriums, sports arenas,
funeral chapels, theaters and other 1 space for each 4 seats maximum capacity
places of public assembly
Multi-family dwelling, institutional 1 space per unit
Sanitariums, nursing homes, and other 1 space per 2 residents at maximum capacity
similar institutions
Dormitories 1 space per 4 residents at maximum capacity
Hospitals I space per 2 beds at maximum capacity plus 1
space for each employee on duty
Public libraries,museums and art
galleries; post offices; 1 space per 1,000 square feet of gross floor area
community/senior centers
1 parking space for every 4 seats in the main
Primary and secondary public and auditorium or assembly room, or 3 parking spaces
private schools for every classroom plus 1 parking space for each
staff member or employee, whichever is greater
Post-secondary,vocational and music 1/2 parking space for each instructor and 1/2
schools; dance studios and colleges space for each student,based upon maximum
student capacity at one time
1/2 space for each staff member and employee
Day care,nurseries and kindergartens plus 1 space for each 1,000 square feet of gross
floor area
Offices
Office buildings (public and private), I parking space for each 500 square feet of gross
professional center, financial office floor area,but not less than 2 spaces
institutions and other similar uses
Two spaces per treatment room and one for each
Office (medical or dental) doctor, dentist,hygienist or other professional
practitioner on site.
Entertainment and Services
Skating rink, youth hall, fraternal and 1 parking space for each 100 square feet of gross
civic club, assembly hall and other floor area
similar uses without fixed seats
1 parking space per 200 square feet of gross floor
Eating and drinking establishment area, or one for each 4 seats,whichever is greater
Bowling alley 4 parking spaces for each alley plus 1 for each
employee on duty
Commercial
Food store, shopping center and mall 1 parking space for each 250 square feet of gross
pp g floor area but not less than b spaces
Barber,beauty and other personal 1 parking space per 100 square feet of gross floor
services shop area
2,
Retail store or service business 1 parking space for each 300 square feet of gross
floor area
Service or repair shop; retail store
handling exclusively bulky merchandise 1 parking space for each 400 square feet of gross
such as machinery, furniture, wholesale
stores, appliances, carpet, showrooms, floor area
etc.
Motor vehicle sales and service 1 parking space for each 400 square feet of gross
establishment sales floor area plus 4 spaces for each auto service
stall
1 parking space for each 500 square feet of gross
Laundry and dry cleaning floor area, or 1 parking space for each 4 coin-
establishment operated washing machines, dryers or dry
cleaning machines, whichever is greater
1 parking space for each 2 gas pumps plus 2
Gasoline service station spaces for each grease rack, wash rack and stall
for servicing vehicles
Industrial
Industrial,processing, manufacturing I parking space for each 500 square feet of gross
and assembling floor area except that office space shall provide
parking space as required for offices
Warehousing, storage and wholesale 1 parking space for each 1500 square feet of gross
business floor area, but not less than 3 spaces
Marine Related Uses
1 parking space for every 2 established boat stalls
or equivalent berths based on an average boat
Harbor or marina length of 40 feet and, if a launch ramp is included,
a minimum of 20%of the spaces will be long
enough to accommodate vehicles with boat
trailers
Day cruise, charter boat operators 1 parking space per 4 people maximum capacity
licensed for 20 or more people
(c) Unlisted uses. The requirements for off-street parking facilities for uses not
specifically mentioned in this section shall be the same as the above-mentioned use
which, in the opinion of the administrative official, is most similar to the use not
specifically mentioned.
(d) Minimum dimensions of off-street spaces and aisles. The minimum dimensions of
spaces and aisles shall be as follows:
(1) parking spaces shall be at least 8 1/2 feet wide and 18 feet long.
(2) The minimum width of traffic aisles providing access to parking lot spaces shall be:
TABLE INSET:
Angle of Parking(Degrees) One-Way(feet) Two-Way(feet)
Parallel 12 20
30 11 20
45 13 20
60 16 20
90 20 20
(e) Location. Subject to (1) and (2) of this subsection, all required parking shall be
located on the lot occupied by the principal use served, or on a lot abutting the lot
occupied by the principal use.
(1) Required parking may be provided on a lot that is not occupied or abutting the
principal use,provided that(i)there is a pedestrian route not longer than 600 feet to the
lot occupied by the principal use, or(ii) access is provided by a scheduled shuttle service
or a valet parking attendant.
(2) Required parking may be located on a lot not occupied by the principal use served
only if(i)parking is a permitted or conditional use in the zoning district for the lot, and
(ii)the lot is made subject to a recorded agreement among its owner,the owner of the lot
occupied by the principal use and the city that the required parking will be maintained for
the benefit of the principal use served for the life of that use.
(f) Site plan. A site plan showing all parking areas shall accompany all applications for
building permits. Said plan shall show dimensions of spaces, curb cuts and other
information necessary to determine compliance with the provisions of this section. The
administrative official shall approve or reject the site plan on the basis of compliance
with the requirements of this section. No building permit shall be issued until the parking
site plan is approved.
(g) Street access. All off-street vehicle parking facilities shall be designed with
appropriate means of access to street, alley or other right-of-way, and will have adequate
maneuvering area. No driveway or curb cuts in any district shall be less than 12 feet or
more than 25 feet in width. Detailed plans for all curb cuts shall be submitted to the
administrative official for approval before a building permit is issued.
(h) Parking lots. Every lot or parcel of land used as a public or private parking area
shall be developed as follows, subject to the approval of the plans by the administrative
official:
(1) Lighting of all parking areas shall be arranged to reflect away from adjacent
residential areas and all public streets and highways;
(2) All parking spaces and lots shall be durably surfaced, free of mud and standing
water, and be dust free;
(3) Where such area adjoins the side of a lot in any residential district, it shall be
separated from such lot by a fence or hedge not less than four feet or more than six feet in
height. Such fence or hedge shall be maintained in good condition and shall not extend
beyond front yard lines required in such residential district;
(4) All parking(except that serving single-family and duplex residences) shall be so
arranged that ingress and egress are possible without backing over a sidewalk, sidewalk
area, or onto a street of collector or larger designation; and
(5) Turning and maneuvering space(except that which services single-family and
duplex residences) shall be located entirely on private property,provided that the usable
portion of an alley may be credited as aisle space subject to safety approval by the city
engineer.
(i) Dual use of lots. Two or more buildings or uses may collectively provide the
required off-street parking, in which case the required number of parking spaces shall not
be less than the sum of the requirements for the several individual uses computed
separately. In the instance of dual function of off-street parking where operating hours of
uses do not overlap, the planning and zoning commission may,by conditional use permit,
reduce the required parking to any amount that meets the requirements of each use.
0) Computation of numbers of spaces. In figuring the total parking requirements for a
use, any fraction of one-half or more shall require one more space.
(k) Reduction of spaces. No existing parking area and no parking area provided for the
purpose of complying with the provisions of this section shall, after adoption of the
ordinance codified in this chapter,be relinquished or reduced in any manner below the
requirements of this section.
(1) Uses of parking areas. Required parking areas and spaces shall not be used for sales
display, storage, repair work or any other purposes other than parking. All vehicles in
custody of an operator of a business for service, repair, storage, sale, or other purpose
shall be stored on the premises or on a separate vehicle parking lot and shall not be
parked on a public right-of-way.
(m) Location on property. Parking spaces shall be permitted in any required yard area
provided that within the residential districts no parking space shall be permitted within
five feet of any side property line.
(n) Intersection with public street. At the intersection of any private drive or entrance or
exit for a common parking area with a public street,no fence, wall,hedge, or other
planting or structure forming a material impediment to visibility between a height of 2
112 feet and eight feet shall be erected,planted,placed or maintained, and no vehicle so
impeding visibility shall be parked within triangular area defined by lines connecting
points as follows:
Beginning at the point where the midline of the private drive or entrance or exit for a
common parking area intersects the public right-of-way to a point 35 feet along the right-
of-way line in the direction of the nearer lane of approaching traffic, thence to a point 25
feet toward the interior of the property along the previously described midline, and thence
to point of beginning.
(o) Accessible parking requirements. All parking shall comply with the Americans with
Disabilities Act.
(p) Group use of lots. Where more than one tenant or use is included within any one
building or on any one lot, the parking requirements shall be the sum total of the parking
requirements for all of the various tenants or uses provided,however, that:
(1) The aggregation of tenants or uses shall meet all the requirements within the
definition of"shopping center" in order to become entitled to utilize the parking ratio
specified in section 15.10.215(b).
(2) Where a hotel or motel has other principal uses such as restaurants, bar and meeting
rooms located on its premises, the principal use requiring the greatest amount of parking
shall provide 100 percent of the required parking spaces and the other uses shall provide,
in addition, at least 70 percent of the parking spaces which would be required if these
were stand-alone uses.
(3) Where a convenience store includes a self-service gas station, the required parking
shall be determined by the parking ratio specified in section 15.10.215(b). No additional
parking spaces will be required for gasoline service station.
(Ord. 626, § 3, 1989; Ord. 93-06; Ord. 94-17; Ord. 96-02; Ord. 96-13; Ord. 98-06; Ord.
98-09, § 2; Ord. No. 99-13, § 1, 1999; Ord. 99-16, § 4, 1999; Ord.No. 2006-007, § 1, 9-
7-2006)
15.10.220. Development requirements.
(a) Table 15.10.220, development requirements, is incorporated herein by reference and
the restrictions contained therein are mandatory unless otherwise modified by this
chapter. (See tables at the end of this title; see also section 15.10.210.)
(b) Building height. The purpose of building height standards is to prevent loss of life
or excessive property damage through the inability of the city fire department to reach
upper stories or roofs and to help maintain the character of neighborhoods.
(c) Setbacks--Yards.
(1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight,
views,privacy, fire separation and visual relief between structures.
(2) No yard or other open space provided about any building for the purpose of
complying with the provisions of this chapter shall be considered as providing a yard or
open space for any other building, and no yard or open space on one lot shall be
considered as providing a yard or open space on any other lot.
(3) No yard or lot shall be reduced in size or area below the minimum requirements set
forth herein. Yards or lots created after December 5, 1978 shall meet at least the
minimum requirements established by this chapter.
(4) In cases of corner lots with multiple frontages, the administrative official shall
designate the front yard, and all other frontages shall be designated as a side to a street.
(5) All structures shall be designed and constructed to prevent roofs from shedding
snow onto adjacent lots, structures, fences, or other property.
(Ord. 99-10, § 3)
15.10.225. Land uses allowed.
(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 end 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 Building Code door/window
egress standards, the presence of an operable and inspected fire extinguisher and
adequate smoke detection systems, a posted evacuation plan, and visible signs showing
exit locations.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home
occupation within an owner-occupied dwelling which is the owner's principal place of
residence and to the rental of not more than 50 percent of the bedrooms to a maximum of
five.
(5) In all other residential districts, lodging within single-family residences and duplexes
is limited to a home occupation within the business owner's principal place of residence
and to the rental of not more than 50 percent of the bedrooms to a maximum of five.
(6) Within commercial districts, lodging is limited to the rental of not more than five
guest bedrooms regardless of building or business ownership.
(7) Multi-family dwellings used for lodging purposes are not required to be the business
or property owner's residence. The use shall be limited to not more than five apartment
units.
(8) The rental of individual rooms for lodging purposes is not extended to apartment
unit tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or
apartments is considered a motel or hotel for building and other code interpretation
purposes.
(c) 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 shall be limited to a period not exceeding 150
consecutive days in a calendar year.
(2) Transient merchants shall provide for the concealed storage of all inventory,
supplies, equipment and other materials brought to the site in connection with the
business conducted there.
(3) Transient merchants using vehicles and trailers in the operation of transient business
activities authorized by this chapter shall ensure that the area of operation meets the
required setbacks as provided by section 15.10.220. In no case shall the allowed area of
operation be less than five feet from any property line,permanent structure or other
transient merchant.
(4) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the temporary structure.
(5) Any additions, including but not limited to porches, platforms and decks, shall be
sided or painted to match the temporary structure prior to operation.
(6) Every transient merchant shall provide sufficient trash receptacles on-site and ensure
the proper disposal of all garbage collected on the site.
(7) The use of generators is prohibited.
(8) No transient merchant shall conduct business on property owned or operated by the
city except in accordance with chapter 8.10 of this Code.
(9) Transient merchants shall conform to all federal, state and local laws.
(d) Commercial electronic towers, satellite dishes and antennas are allowed in
accordance with Table 15.10.225 of this chapter subject to the site being fenced.
(e) Livestock as defined in section 15.10.140(b). Are allowed in accordance with Table
15.10.225 of this chapter subject to the following:
(1) Lot size may not be less than 20,000 square feet per large animal;
(2) Livestock fencing shall be no closer than five feet from a property line;
(3) A city approved drainage plan showing that runoff from the livestock corral or pen
will not adversely impact neighboring property or stream;
(4) A city approved manure storage and disposal plan. The manure storage pile shall not
be closer than 25 feet from any property line.
(Ord. 626, § 3, 1989; Ord. 633, §§ 3,4, 1990; Ord. 639, 1991; Ord. 90-2; Ord. 91-1; Ord.
91-04; Ord. 92-02; Ord. 94-11; Ord. 94-25; Ord. 95-07; Ord. 95-13; Ord. 95-17; Ord. 96-
05; Ord. 97-13; Ord. 98-09, § 4)
15.10.230. Special setbacks--CB and I districts.
(a) Central business district. Except where separated by a public right-of-way,where
the CB district abuts residential districts, a minimum setback equal to that required of the
abutting district shall be required.
(b) Industrial district. Where industrial (1) districts abut residential districts, a minimum
setback of ten feet shall be required.
(Ord. 626, § 3, 1989; Ord. 93-08)
15.10.235. Townhouses.
(a) Generally. The standards set forth in this section shall complement the general
standards set forth in this chapter and shall not be construed as superseding any general
standard. In the event of conflict, the stricter standard shall control. Notwithstanding the
provisions of any other section of this chapter, townhouses shall be conditionally
permitted in accordance with the land uses allowed table 15.10.225 if the following
requirements are met.
(b) Conditions. The proposed development meets all conditions specified in this chapter
under section 15.10.320, conditional use permit. All townhouse developments
constructed pursuant to a conditional use permit issued under the provisions of this
chapter shall be constructed in compliance with current state statutes.
(c) Plan. A detailed development plan is submitted with the application for a
conditional use to include a site plan, drawn to scale. Such site plan shall include,but
shall not be limited to, the topography and drainage of the proposed site, the location of
all buildings and structures on the site, courts and open space area, circulation patterns,
ingress and egress points,parking areas (including the total number of parking spaces
provided), and a general floor plan of the principal buildings,together with other such
information as the commission shall require. The number of contiguous units permitted
shall be related to the topography, aesthetics, access and public safety. The development
plan and the conditional use application may be rejected or modified if the development
plan is not consistent with good design, efficient use of the site, and community
standards.
(d) Number of units. Not more than six contiguous townhouses shall be built in a row
with the same or approximately the same front line.
(e) Separation requirement. No portion of a townhouse or accessory structure in or
related to a group of contiguous townhouses shall be closer than 15 feet to any portion of
a townhouse or accessory structure related to another group, or to any building outside
the development area.
(f) Minimum lot width. Minimum lot width for an individual townhouse is 12 feet.
Larger lot and townhouse units may be required to assure adequate living space.
(g) Lot coverage. The maximum lot coverage by all buildings shall be 40 percent.
Carports open on three sides shall not be considered buildings for calculating maximum
lot coverage.
(h) Parking. Grouping of parking spaces is desirable; provided,that spaces intended for
a particular unit are no more than 100 feet from the unit. On minor streets, use of the
right-of-way may be permitted for maneuvering incidental to parking where this will
facilitate snow removal. On collector and arterial streets,maneuvering incidental to
parking shall not be permitted.
(i) Covered storage. Two hundred cubic feet of covered storage space shall be provided
exclusive of the living area of the unit.
0) Party walls. All party walls shall adhere to fire safety standards as established by the
city fire code.
(k) Homeowners association. The developer or subdivider of any townhouse
development shall give evidence that compliance with the Common Interest Ownership
Act,AS 34.08,has been made prior to the sale of any townhouse dwelling units.
(1) The developer or subdivider of any townhouse development shall deposit with the
appropriate homeowners association, formed in compliance with the Common Interest
Ownership Act cited in this section, a contingency fund in the sum of$500.00 per
dwelling unit in the townhouse development fund.
(2) A copy of the declaration and bylaws of the homeowners association showing in
what manner the aforesaid contingency fund shall be controlled shall be furnished to the
city for review and approval.
(1) Landscaping. All areas not devoted to buildings, drives, walks, parking areas or
other authorized installations shall be covered with one or more of the following: lawn
grass, natural or ornamental shrubbery or trees.
(m) Rights-of-way. All roadways, fire lanes, or areas for maneuvering incidental to
parking (not to include designated commonly-held open space or recreational areas) shall
be a minimum of 22 feet in width. Furthermore, no vehicular parking shall be allowed in
the aforementioned areas.
(Ord. 626, § 3, 1989; Ord. 94-56; Ord. 99-16, § 4, 1999; Ord. 2007-008, § 2, 2007)
15.10.240. Home occupations.
(a) Intent. It is the intent of this chapter to permit home occupations which are
compatible with other permitted uses and with the residential character of a
neighborhood, and which are clearly secondary or incidental to the residential use of the
main building. In general, a home occupation is an accessory use so located and
conducted that the average neighbor, under normal circumstances, would not be aware of
its existence. So long as all the development requirements of this section are met, home
occupations are permitted accessory uses as identified in the land uses allowed table
15.10,225.
(b) Development requirements.
(1) Not more than two persons shall be employed in the home occupation.
(2) No more than 30 percent of the gross floor area of all buildings on the lot shall be
used for the home occupation.
(3) The home occupation shall be carried on wholly within the principal building, or
other buildings which are accessory thereto.Any building used for a home occupation
shall be wholly enclosed.
(Ord. 626, § 3, 1989; Ord. 633, § 2, 1990; Ord. 94-56)
Article 3. Supplementary Regulations
15.10.310. Contract zoning.
This section repealed May 11, 1992.
(Ord 626, § 3, 1989; Ord. 92-10)
15.10.320. Conditional use permits.
(a) Intent. It is recognized that there are some uses which may be compatible with
designated principal uses in specific zoning districts provided certain conditions are met.
The conditional use permit procedure is intended to allow flexibility in the consideration
of the impact of the proposed use on surrounding property, and the application of
controls and safeguards to assure that the proposed use will be compatible with the
surroundings. The commission shall permit this type of use if the conditions and
requirements listed in this chapter are met. The allowed uses are listed in the land uses
allowed table 15.10.225. Before a conditional use permit may be granted, the
procedures specified in this chapter must be followed.
(b) Applications. Applications for a conditional use permit shall be filed in writing with
the city clerk. The application shall include but is not limited to the following-
(1) Name and address of the applicant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) A legal description of the property involved;
(4) A description of the proposed use;
(5) Dimensioned plot plans showing the location of all existing and proposed buildings
or alteration, and such data as may be required; and
(6) The appropriate fee as established by city council resolution.
(c) Public hearing. If the application is in order, a public hearing shall be scheduled in
accordance with the requirements of section 15.01.040 of this title.
(d) Review criteria. Prior to granting a use permit, it shall be established that the use
satisfies the following conditions:
(1) The use is consistent with the purpose of this chapter and the purposes of the
zoning district;
(2) The value of the adjoining property will not be significantly impaired;
(3) The proposed use is in harmony with the comprehensive plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety, health or welfare;
(6) Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions shall be met by the applicant. These may include but are
not limited to measures relative to access, screening, site development, building design,
operation of the use and other similar aspects related to the proposed use.
(e) Approval resolution. At any time after the hearing required in section 15.20.320(c),
the commission may adopt a resolution approving a conditional use permit provided that
it includes findings of fact that the review criteria in section 15.10.320(d) have been met.
Upon adoption, the city shall cause a copy of the resolution to be posted for at least ten
days in at least three public places within the city. An appeal of the commission's action
may be made at any time until the resolution becomes effective. Unless rescinded,
amended or appealed any resolution adopted under this chapter automatically becomes
effective ten days after passage and posting.
(f) Modification of final approval.
(1) An approved conditional use permit may, upon application by the permittee, be
modified by the planning and zoning commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
(2) The modification application shall be subject to a public hearing and a filing fee set
by city council resolution.
(g) Expiration; extensions; transferability.
(1) An approved conditional use permit lapses six months after approval if no building
permit is procured or if the allowed use is not initiated.
(2) The commission may grant time extensions not to exceed six months each upon a
finding that circumstances have not changed sufficiently to warrant reconsideration of
the approval of the conditional use permit. A request for an extension must be submitted
prior to the expiration of the permit. A public hearing shall not be required prior to
granting an extension of time.
(3) A conditional use permit shall automatically expire if for any reason the conditioned
use ceases for a period of one year or longer.
(4) A conditional use permit is not transferrable from one parcel of land to another.
Conditional use permits may be transferred from one owner to another for the same use,
but if there is a change in use on the property, a new permit must be obtained.
(Ord. 626, § 3, 1989: Ord. 649, § 5, 1991; Ord. 94-56; Ord. 97-15; Ord. 98-06)
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Supplement No. 09-1 15-69
15.01.045.Fees. Fees, established by city council resolution, will defray a significant
portion of the administration costs associated with processing applications for action
covered by this title. Whether an application is granted or denied, the petitioner or
applicant shall not be entitled to the return of the fee.THE COMMISSION NEEDS
TO DECIDE WHERE THIS SECTION GOES. ACCORDING TO THE NEW
NUMBERING SYSTEM .045 will not work.
[Delete Severability section 15.01.055]1
Article 6. Violations and Penalties
15.01.240. Enforcement and penalties. (a)The administrative official shall apply all
available2 resources of the Department of Community Development to enforce all
planning and use regulations in a fair and equitable manner.3
(b) The administrative official may issue notices of civil violations,4 and otherwise
enforce all planning and land use regulations in accordance with 01.05.010.s
E This section is superfluous. It is already covered—for the entire Code--at SCC 1.01,040.
2 I use the word"available"to alert the citizenry that enforcement is a limited resource. Without ideal
staffing levels,enforcement becomes a matter of triage or"prosecutorial discretion'—a concept recognized
and approved(within limits)by the courts.
3 The Department of Community Development regularly receives criticism that there is only selective
enforcement of land use regulations in Seward. When I was the director,every time someone said that,I
probed for more information, investigated the claim,and was always able to show that the understanding of
the complaining citizen was incorrect. I added this"fair and equitable"term not only to remind
administrative officials to enforce the law thusly,but also to be able to show the public that this balanced
enforcement is a matter of law.
4 We should keep all offenses at the level of"violations"because higher forms of criminal misdemeanor or
felony require that the City must fund the costs of prosecution with a right to counsel,jury costs and court-
administration costs.
5 My present thinking is that most(but not all)violations of Seward ordinances,and enforcement
provisions for Seward ordinances,should be consolidated into one Article in Title 1 of the Seward City
Code. However,that present provision,at SCC§1.05.010 must be revised. I understand from Cheryl
Brookings that she has encountered some magistrate resistance to that section of the Code,and I need to
consult more with her to learn the nature of the problem before redrafting it.
The present question: Should the penalty and enforcement section be stated in substance here in
Title 15,or should a Title 1 provision be referenced here?
1
Chapter 15.05. Land Use Planning
15.05.010. Seward Comprehensive Plan.
(a) The Seward Comprehensive Plan sets forth the goals, objectives and policies for
quality of life, sustainability' and future development within the city. It is a public
declaration of policies reflecting community goals expressed by citizens for the purpose
of guiding the actions of appointed? and elected officials charged with implementing
those goals.8
(b) The Seward Comprehensive Plan may consist of such4 duly adopted documents as a
comprehensive plan, an airport land use and development plan, a transportation plan, a
municipal land management plan, an industrial development plan, a harbor development
plan,a flood hazard mitigation plan, and other plans guiding officials charged with
implementing the goals set forth in subsection (a) above.la
(c) The Seward Comprehensive Plan is adopted here by reference. t
(1) The administrative official will12 compile for public review all documents
comprising the Seward Comprehensive Plan, and all municipal13 resolutions and
6 The present ordinance recognizes only"future development'as a goal and objective of the
Comprehensive Plan. In truth,a comprehensive plan addresses development in a broader context including
quality of life and sustainability. For example,sustainability is addressed in regulating flood hazard areas
and coastal high hazard areas. Quality of life is addressed in separating industrial functions from,e.g.,rural
residential areas.
7 The present ordinance refers only to guiding"elected"officials. This Comprehensive Plan also should be
considered the guide for planning and zoning commissioners. Hence I have added"appointed"officials as
well.
8 This subsection is a restatement of the second sentence of the present 15.05.010,with one significant
change. The word"goals"is used in two contradictory and paradoxical ways in the present ordinance,
which says on the one hand that the plan itself reflects community goals,but on the other hand that the plan
guides elected officials in setting goals. I think the drafters meant to say that the plan reflects goals,and
serves to guide elected officials in implementing those goals.
9 The present ordinance lists specific plans. This codified provision is obsolete(and must be replaced)
every time Seward adopts a new plan or modifies a plan. My replacement section refers to plans
generically,and allows adoption by reference through a process that need not require re-codification every
time a change or addition occurs.
10 I have added this last clause in order to define the types of documents normally integrated into a
"comprehensive plan." For example,it is highly questionable that something so precisely specific as a fire
department"plan of action"belongs in a municipal comprehensive plan governing land regulation and land
development. Future administrators and policy makers still have broad discretion in the redraft,but the
redraft does suggest some parameter for what defines a comprehensive plan.
11 This statement,together with the material in subsection(b)reduced to generic form,replace the present
SCC §15.05.015
12 The word"will"applies where a person is committing himself or herself to do something.
13 I use the word"municipal'here because some are borough resolutions and ordinances and some are city
resolutions and ordinances.
2
ordinances adopting and incorporating these documents into the Comprehensive
Plan.14
(2)The administrative official sha1115 make this compilation available for public
review at any reasonable time during normal business hours of city administration
15.05.020. Seward Land Use Plan.
The Seward Land Use Plan is that portion of the Seward Comprehensive Plan defining
and depicting16 a classification system of zones for regulating land and water17 uses in a
balanced manner that integrates compatible uses and separates incompatible uses, and
otherwise minimizes conflict among land and water uses.19
15.05.030. Manner of Adoption and Amendment of Plans.20
(a) Comprehensive Plan. From time to time, the Seward city council wi1121 request by
resolution22 that the Kenai Peninsula Borough assembly23 enact an ordinance adopting or
modifying the Seward Comprehensive Plan. Except as otherwise provided in subsection
14 This subsection(1),and the following subsection(2)are statements of what a city must do in order to
bring the concept of"adoption by reference"into compliance with due process of law. I have however
added the clause requiring that the compilation must include adopting ordinances and resolution. I did this
because I think the present Seward law and practice is ambiguous. For example,when the City adopted the
SBCFSA Flood Mitigation Plan,and the PACAB SMIC Development Plan,did anyone assume that these
documents are now integrated into the Seward Comprehensive Plan? They are not. They were simply
acknowledged by city council resolution,and never recommended in city council resolution for submittal to
the borough assembly for adoption by ordinance. No part of either plan was adopted by city ordinance for
incorporation into the land use plan. By requiring an on-going historical record of adopting ordinances and
resolutions,I hope that this redraft alerts and facilitates new city employees and new council members
distinguishing consciously between those plans they want to incorporate into the comprehensive plan,and
those documents they simply want to acknowledge for other purposes.
15 The administrative official has no discretion here("may"),and something so basis in law as making
documents available to the public should not be a simple commitment by the official to do so(`will"). The
mandatory"shall"is more appropriate here.
16 The zoning districts`define,"and the zoning maps"depict."
17 I have added"water"for purposes of including a new zone for tidelands,some of which are submerged.
to Replaces"between."
19 Except as otherwise indicated by other footnotes,this long sentence is a reorganization of the statement
in the present§15.05.020. 1 have retained the verbiage,but changed the syntax in a manner that(I hope)
states the intent clearer.
20 This is a new subsection. I am not only embellishing material in the present ordinance,but also
distinguishing in separate sections(i)what constitutes the comprehensive plan[§.010],and(ii)what
constitutes a land use plan, [§.020] and(iii)the differing ways that these plans are adopted and amended
[§.o3o].
21 The word"will"applies where a person is committing himself or herself to do something,as opposed to
imposing a duty on that person.
22 The present ordinance does not specify whether this will occur by resolution or ordinance. The
Comprehensive Plan itself must be adopted by ordinance of the KPB assembly,but the recommendation
from the city council can be a resolution only..
23 Planning is a borough-wide function under Title 29. As noted in subsection(c),the borough can and
does delegate some of that function. However the Comprehensive Plan for Seward must be enacted by
borough ordinance and not merely at the city level.
3
(b) below, no addition to or modification of the Seward Comprehensive Plan is effective
until adopted by ordinance by the Kenai Peninsula Borough assembly.
(b) Land Use Plan. Pursuant to the authority delegated24 to the city by the Kenai
Peninsula Borough, and in accordance with Kenai Peninsula Borough ordinances, the
Seward city council may by ordinance amend the land use plan26 in the Seward
Comprehensive Plan. The administrative official shall notify the borough planning
commission in writing of all proposed amendments and all adopted amendments to the
land use plan.27
15.05.040. Official Maps.28
(a)Adoption of Official Maps.24 All land use maps and zoning maps adopted by city
council ordinance bearing an adoption date and attestation by the city clerk30 are official
maps adopted by reference here. These official maps shall be available for public review
at any reasonable time during normal business hours of city administration.
(b)Application of Official Maps.31 As amended by ordinance from time to tirne,32 these
official maps constitute the final authority describing current land use and zoning status
of land areas, water areas, buildings and structures within the jurisdiction of the city.
["Lost or Damaged" subsection deleted.]33
24 KPB 21.01.025 reserves to the borough the authority to adopt amendments to a comprehensive plan,but
delegates to qualifying cities the authority to amend land use plans—that portion of the Comprehensive
Plan classifying zones of regulated land uses.
zs The city is acting from delegated authority,but the city also could have that authority revoked"upon a
finding that a city has not complied with the terms of this [borough] ordinance. KPB 21.01.025.1D Hence,
this revised ordinance requires city action to also be"in accordance with"borough ordinances.
26 KPB 21.01.025 reserves the authority for the borough assembly to approve all city comprehensive plans,
but delegates to accepting cities the right to amend from time to time that portion of the comprehensive
7plan known as the"land use plan,"the classification system that defines zoning districts.
This sentence reflects a notice requirement in the borough ordinance,which was not prescribed in the
present city ordinance. Although the borough simply says"the city"shall give notice,I have placed that
responsibility on the administrative official.
28 This is my rewrite of 15.01.030. I have replaced it here in Chapter 15.05 because I think it pertains more
appropriately to"Land Use Planning"than to"General Provisions."
29 This is a more accurate subtitle for the subject matter of the subsection than the present ordinance title,
"Management."
34 The second clause of this sentence is the substance of subsection(c)of the present ordinance.
31 This is a more accurate subtitle for the subject matter of the subsection than the present ordinance title,
"Management."
32 The present ordinance simply says that the maps are the final authority. I can envision a situation where
someone inadvertently omits including a change on a map after that change is approved by ordinance. In
that event,the governing"law"should be the map plus the subsequent ordinance change not reflected on
the map.
33 I have deleted the"lost or damaged"subsection because no such statement is necessary in law. It is a
legally axiomatic and self-evident truism that the council must reenact new maps if existing maps are
destroyed,and that these new maps supersede the destroyed maps,just as subsequent ordinances supersede
previous ordinances. The city council has the legal authority to create new maps at any time for any
purpose,without regard for whether the old maps were damaged or destroyed or remain fully intact.
4
(c) Interpretation of Official Maps. The following rules apply to the interpretation of
official maps:
(1) A boundary approximately following the centerline of a right of way34 shall be
construed as following35 that centerline.
(2) A boundary approximately following a platted lot line shall be construed as
following that lot line.
(3) A boundary approximately following city limits or a section line shall be
construed as following city limits or that section line respectively.
(4) A boundary following a marine36 shoreline shall be construed as following the
mean high tide line as natural accretion or erosion may change that tide line from
time to time, but not as anthropogenic accretion or erosion changes that mean
high tide line.37
(5) A boundary following a shoreline unaffected by tides shall be construed as
following that shoreline, as natural accretion or erosion may change that shoreline
from time to time,but not as anthropogenic accretion or erosion changes that
shoreline.38
(6) A boundary approximately following the centerline of a stream, creek, river,
lake or other body of water shall be construed as following that centerline, as
natural accretion or erosion may change that centerline from time to time,but not
as anthropogenic diversion, accretion or erosion changes that centerline.
34 I have changed"streets.Highways,or alleys"to"right of way"to ensure the ordinance captures more
generically all strips for travel,such as paths,roads,avenues and intersections.
35 Some of the subsections in the present ordinance say"as following,"and others say"to follow." For
Vurposes of grammatically correct parallelism,I have drafted all to read"as following."
6 I have distinguished between"marine"shorelines and shorelines unaffected by tides,as two separate
subsections,because the mean high tide line defines in law the boundary between a surface estate and a
subsurface estate.
37 Riparian law distinguishes between(a)boundary changes caused by gradual and imperceptible,or
natural erosion and accretion,and(b)boundary changes caused by anthropogenic actions or omissions. If
owner A builds a dock that causes scour of owner B's shoreline,owner B does not lose acreage to C,the
owner of the submerged estate(usually tidelands),even though owner B's dry land(upland)is reduced in
size. B still owns the newly submerged lands. But if"gradual and imperceptible"or"natural"erosion
occurs along B's shoreline,then B does lose acreage to the tideland owner,C. For purposes of land use
regulation,the city should not leave open the possibility that someone might manipulate zones and land
uses through anthropogenic changes in shorelines or stream-meanders.
38 The"mean high tide"applies to marine shorelines and waterways with tidal effect. The"mean high
water"line is the term normally applied to inland water lines unaffected by tides. The"mean high water"
line is usually the average water line over 15 years. However, Seward poses a unique problem: In an
alluvial fan, not only does the water line move,but the submerged surface moves with bedload gravel,and
the location of the stream moves and the land itself moves. The Kenai Peninsula Borough is presently
working on a method of fording a method for defining the water line in these aberrant geophysical
conditions
5
(7)A boundary appearing to be parallel to or an extension of a feature indicated in
any of subsections (1) through(6) above shall be construed respectively as
parallel to or an extension of that feature.
(8) A distance on an official map that is not precisely specified shall be
determined by the scale of the map.
(9) Any administrative decision interpreting official maps may be appealed to the
commission and the board of adjustment in the manner described in sections
above.39
[Delete subsection continuing zoning boundaries into the tidelands,40
particularly"in a cardinal direction."41]
15.05.050. Land Use Districts.
(a) Establishment. The official land use map adopted by ordinance of the city council
MUSt42 divide the entire city into land use districts consistent with the land use plan as
amended from time to time.
(b) Districts. "
39 The present ordinance says that"other"questions of interpretation shall be interpreted—immediately and
directly—by the city council sitting as the board of adjustment. There are many problems with that
statement and procedure. First,the planning staff and the commission should have a first opportunity to
interpret official maps,because they are most familiar with land use regulation, and the council has
delegated land use responsibility to these entities. Secondly,it is inefficient to immediately take an
interpretation to the city council,sitting as the highest level of appeal. Many issues could be resolved by
staff or by the commission. (As the present ordinance is drafted,no citizen can rely on the interpretation of
staff or the commission,because it says the city council"shall(mandatory] interpret the applicable
boundaries.) Thirdly,there should not be a focus on"other"interpretations,because even these subsections
might lead to a dispute requiring an appeal process. Hence,I have placed the first level of all interpretation
in the administrative staff,and provided for a standard appeal process applying to all interpretations of the
official maps,namely,through the commission and only ultimately to the city council sitting as the board
of equalization.
40 Tidelands should be treated differently from uplands in land use regulation. Why call tidelands to the
south"Central Business District"? Because upland zones presently continue into the tidelands,and because
the filled tidelands adjacent to the south boat ramp exist at the intersection of the"Park"district and the
"Harbor Commercial"district,the south half of that filled tideland acreage is presently zoned"Park,"and
the north half is zoned"Harbor Commercial." Tidelands should be addressed specifically and precisely in
terms of uses,not as mere extensions of upland uses.
41 The present ordinance says that upland zones continue from the shoreline into the tidelands"in a cardinal
direction,"i.e.,changing directions to the shoreline to become directions directly north, south,east or west
across the tidelands. But the ordinance does not say which"cardinal direction"the line runs through the
tidelands. For example,where the boundary between"Park"and"Central Business District"meet at the
shoreline,should the line change to the"cardinal direction"east or the"cardinal direction"south?
42 The word"must"is used in place of"shall"for a mandatory requirement applying to an inanimate object
rather than to a person.
6
(1)Rural residential district(RR). Rural residential means44 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). Single-family residential means stable,
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). Two-family residential means medium
density(one to seven dwelling units per acre)transitional45 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). Multi-family residential means a
density level higher than RR, R1 or R2,46 with a mix of housing units that are
predominately multi-family units close to concentrations of public services,
employment or47 recreation. This district may provide a transition between more
concentrated48 and lower density residential areas if sufficient screening and
design features are provided to protect multi-family residences from effects
inconsistent with safe and healthy residential living.49
(5) Urban residential district (UR). Urban residential means a density level
higher than RR, R1, R2 and possibly R3 with mixed residential uses ranging from
detached single-family housing to multi-family apartments and with compatible
43 The title in the present ordinance says"Definitions--Purposes." I chose a new title slightly less
definitive and final,and reflecting the generality one actually finds in the descriptions of the various
districts.
44 1 have added the word"means"to every subsection defining districts. The present ordinance uses
incomplete sentences.
45 I'm puzzled by the use of the word"transition"here. I originally thought it meant that residents were
transitioning into greater privacy,better housing. But the OR definition below suggests that the word
"transition"applies to the character of the zone itself, shading smoothly from zones on each side. This
requires further research and discussion.
46 The present ordinance simple calls for"a higher density residential setting"without a reference point.
Higher than what? It should not be left to implication. I have incorporated the preceding subsections as the
reference points.
47 The use of"and/or"creates ambiguities. Usually one can choose which is most appropriate. I have
changed the present ordinance from"and/or"to"or."
48 The present ordinance refers to more"intensive districts and lower density districts." I have replaced
"intensive"with"concentrated density"because"intensive"is too ambiguous a word. (It can mean
intense,thorough,profound,concentrated,extensive, forceful or emphatic.)
49 The present ordinance refers to protecting these multi-family residences from"undesirable effects." That
is entirely too subjective a measure for predictability in law. I have changed the standard to"safe and
healthy residential living."
7
low impact professional office uses, all located in the area surrounding a central50
business district.
(6) Office/residential district(OR). Office/residential means moderate51 density
residential, commercial and office development designed to act as a transition
zone between the high density central business district and the density levels of
surrounding districts with densities similar to R2 or R3-districts.sz
(7)Harbor commercial district(HQ. Harbor commercial means water-related
and water-dependent uses by enterprises engaged in tourist, recreational,
commercial or light industrial business at or near a harbor location.53
(8)Auto commercial district(AC). Auto commercial means highway-oriented
and traffic-oriented commercial activities such as offices, certain institutional
uses, related personal services, and retail uses requiring outdoor activities.14 This
district also serves offices and nearby residential areas in a manner that does not
materially detract from the nearby residential areas.
(9) Central business district (CB). Central business means 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 a type that are mutually beneficial and are located close enough
together to encourage walk-in trade.
(ld)Heavy" industrial district (HI). Heavy industrial means that the principle
use of the land is for heavy manufacturing,primary processing of raw materials,
heavy fabricating,heavy repair, mass assembly or other basic production
enterprises that may create nuisances not associated with or compatible with
residential or lighter commercial land uses. Environmental safeguards are
particularly important in this district to protect people employed in the district or
visiting the area. Land use regulation in this district will include some visual
amenities for compatibility with adjoining residential or commercial areas.
50The present ordinance says"downtown business district,but the definition of the"central business
district"in the present ordinance is not necessarily"downtown." Hence,I have changed this reference to
"central business district"for consistency.
51 I have changed"medium density"to"moderate density,"because"medium density"has already been
defined very specifically in the R2 zone description,and that definition of"medium density"is quite
clearly inappropriate in this OR district.
52 The present ordinance refers to"medium-high density residential districts,"but we have no such density
level described above. The drafter must have meant R2 and R3 density levels.
53 Query whether"industrial'enterprises should be in the HC district definition.
54 I have changed the syntax in this sentence from the present ordinance,hopefully to make it clearer.
55 This zone and the following are new proposals for consideration. There was some discussion among
commissioners that perhaps areas like the Lierer Subdivision should not be in the same zoning district as
SMIC. I present this idea here for your consideration. (An alternative would be to keep the same number
of zoning districts and change the Lierer Subdivision to,e.g. harbor commercial or auto commercial.)
8
(11)Light industrial district(LI). Light industrial means that the principle use of
the land is for commercial businesses engaged in light manufacturing, value-
added processing, light fabricating, repair, light assembly, storage, wholesaling,
or distributing operations that may create some nuisances not associated with or
compatible with residential land uses. This zoning includes providing
environmental safeguards to protect people employed in the district or visiting the
area. Land use regulation in this district will include some visual amenities for
compatibility with adjoining residential or commercial areas.
(12)Institutional district(INS). Institutional means public land reserves,56 public
uses, and private uses of a public character primarily for educational, charitable,
public assistance57 and health care purposes58 compatible with the surrounding
areas.59 The development standards must assure that the activities provide visual
and social60 amenity to the surrounding area.
(13)Parks district(P). Parks means publicly accessible61 scenic, natural,
developed recreational or commemorative areas primarily serving leisure,
recreational, sedentary or contemplative purposes or other similar purposes for the
public.
(14)Resource management district (RM). Resource management means lands
that 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 considerations.
(15) Tidelands district(T).62 Tidelands means submerged and filled63 land
surfaces below the mean high tide line or ordinary high water mark,64 usually
56 The present ordinance addresses"public land reserve for future public development." I have shortened
that reference to allow in this district not only"uses"but"reserves"for the same purposes.
57 I have added"public assistance"to pick up all of the entitlement programs and help that comes from
public and private entities for various needy groups—those public services not necessarily education,
charitable(in the true sense)or health care(in the narrower sense).
58 I have deleted"administrative"purposes because that adjective is too broad. Also,that function is
implied in the allowance of all o f the other purposes.
59 I have added"compatible with the surrounding areas"to safeguard against the possibility that an
"institutional"prison or drug rehab center might otherwise argue for location near a residential district.
60 I have added"social"amenities. The present ordinance addresses only visual amenities. Like footnote
_,this present change adds to assurances that uses will not be severely incompatible with the surrounding
social uses of property.
61 I have changed this definition to include the possibility of a privately owned park accessible to the
public.
62 This is the new district added to Title 15 by me after discussions during a P&Z work session left a sense
that such a district should be created to replace the present ordinance provision,which says that each other
zone extends into the submerged lands in a"cardinal"direction. But which way?And which"swing"
toward which contiguous district? This present language is ambiguous and potentially results in huge
directional shifts of land use seaward. Also,this present language is irrational. Why should submerged
lands be treated as"Park"one place and"Central Business"another place? Tide and submerged lands
9
delineated by the National Geodetic Vertical Datum (NGVD) of 1929,North
American Vertical Datum of 1988 (NAVD 88Ior other datum,65 frequently
defining differences in base flood elevation information on flood insurance rate
maps, and usually governed in use by a public trust66 doctrine.
should be treated differently from uplands in land use planning because entirely different sets of laws apply
and because the nature of the"land"is inherently different from uplands.
63 Generally speaking,the legal status of lands below the mean high tide line—defining the difference
between submerged lands and uplands--does not change because of anthropogenic erosion or accretion.
Other governments like the Corps of Engineers and the Alaska Department of Natural Resources will
continue to claim the legal status of"tidelands"as such even after someone fills those tidelands.
This does not mean,however,that Seward must zone all filled tidelands in this new zone. I define
"tidelands"in this district,but nothing says all such lands must be placed in this district. In the same sense
that adjoining property can be Auto-Commercial and Harbor-Commercial,adjoining tidelands can be
Tidelands and,e.g.,Harbor-Commercial or Park or Light Industrial. The ordinance that enacts this redraft
of Title 15 will not automatically place any lands in any district,other than how prior ordinances have
enacted the Seward Land Use Map.
64 In law,one usually uses the term"mean high tide line." In less formal(and more subjective)contexts,
the term`ordinary high water mark"is used. They are not always exactly the same,but I adopt both terms
here because I want the boundary delineation of this"District"to remain somewhat general so that a future
city council has flexibility later in deciding which lands to place in this district. For the same reason,I
employ here the adverbs"usually'and"frequently." (Remember that we are not creating a definition per
se in this subsection. We are characterizing what is typical for this district by describing the kind of lands
that it normally includes. Cf.,other descriptions of other districts in other subsections here.
65 This phrase is taken from the definition of"mean sea level"in 44 DFR§59.1,the definition used by
FEMA on flood insurance rate maps for high velocity flood zones. I incorporate that information here,so
that Seward's floodplain management ordinances will comport with federal requirements to qualify for
flood insurance coverage.
66 Under the Alaska Tidelands Act, local governments and private parties were give preference rights to
receive conveyance of tide and submerged lands from the Territory and the State. Individuals and
companies received full patents(fee simple ownership and not just long-term leases)to the tide and
submerged lands that they had used and occupied during territorial days. The history and meaning of this
Alaska Tidelands Act is described in detail in the 1977 Alaska Supreme Court case of City of Homer v.
Hillstrand et al. (where the pioneering Hillstrand family received title to the tidelands off the tip of the
Homer Spit, which they had operated as a federal trade and manufacturing site—"Land's End"—since
territorial days).
But in 1988 the Alaska Supreme Court refined the meaning of a tideland patent conveyed to
private parties by holding that,under the"public trust doctrine"established by the U.S. Supreme Court in
1898,the State's conveyance of a tideland patent to a private party was always implicitly subject to the
right of the general public to enter those tidelands for purposes of navigation,commerce and fishery. The
rationale was that,at the time of statehood,the new state received these lands from the federal government
pursuant to a federal statute stating that it was"in trust for the people of the State that they may enjoy the
navigation of the waters,carry on commerce over them,and have liberty of fishing therein freed from the
obstruction or interference of private parties." Hence,a state could only convey to a private party(and
presumably a local government)what the state had received from the federal government,and that"public
trust"was reserved for the people by the federal government. See,CWC Fisheries.Inc.et al. v. Bunker.
All tidelands off Seward are subject to this public trust doctrine—the right of the public to enter
the tidelands for at least navigation,commerce and fisheries. (Some courts have expanded that right of
entry to recreation and other uses.) Reference to that doctrine in this ordinance-description of the district
adds specificity to the dimension of the meaning of"tidelands,"while also reminding Seward planners and
elected/appointed officials in the future that these submerged lands generally do indeed carry"public trust"
implications not normally part o the planning considerations in upland districts.
10
(16) Historic district(Overlay H).67 Historic means lands that meet state or
federal standards as historic districts, or lands that are historic places or contain
historic structures,68 or lands with notable historic architecture or archeological
features warranting conservation and preservation as part of the cultural or artistic
heritage of the community. On the official zoning map of the city, the"historic
district"is classified as an overlay on other districts.69 Anne compare with old
code
67 In the present version of Title 15,this district is created,defined and referenced at§15.15.020 and never
mentioned among zoning districts at§15,05,025 where all other zoning districts are created and defined. I
have deleted it from chapter 15.15 and replaced it here,along with all other zoning districts.
Also,there are two conflicting definitions of a"historic district"in the present Title 15: SCC
§15.15.020 defines this district as"those areas of the city that meet state or federal standards or historic
districts or that otherwise have special historic significance that merits additional consideration in land use
regulation." SCC§15.10.140 to defines an"historic district"as"an area containing buildings or places in
which historic events occurred or having special public value because of notable architecture or other
features relating to the cultural or artistic heritage of the community of such significance as to warrant
conservation and preservation."
I have deleted the definition from the present ordinances, moved the description of an"historic
district"from chapter 15.15 to this location among other district descriptions,and revised the description of
this district(a)to combine the above-two descriptions as much as possible,and(b)to integrate into this
"district"language the new Definition of"historic structure"which comports with FEMA floodplain
management regulations,and which is found in the general definitions section of chapter 15.01.
68 The present ordinance language uses"buildings or places." An historic object like a fountain is not a
"building"and is more than a"place." I have changed the terminology to"structures"because in this
revision of Title 15 there now is a Definition of"structure"that is all-encompassing. I also have
incorporated here use of the new definition of"historic structure,"taken from FEMA regulations and
described in the definitions section at 15.01.
69 I have carried this qualifier forward from the present version of§15.15.020.
11
Chapter 15.10. Land Use Regulations
Article 1. Seward Zoning Code
Article 2. Sign Regulations
Article 3. Floodplain Management
Article 4. Historic Preservation
[Insert Article 1, Zoning here.]
Article 2. Sign Regulations70
15.10.100 Sign permits and administration
15.10.110 General provisions
15.10.120 Signs exempted from permits
15.10.130 Prohibited signs
15.10.140 Sign standards in residential districts
15.10.150 Sign standards in office residential, auto commercial and industrial
districts
15.10.160 Sign standards in central business district
15.10.170 Sign standards in harbor commercial district
15.10.180 Sign standards in institutional, park and resource management districts
15.10.100. Sign permits and administration.71 (a) It is unlawful for any person to
erect,display, alter, modify, change or relocate any sign without first obtaining a sign
permit from the administrative official, except as otherwise provided in this article.
(b) After a sign permit has been issued, it is unlawful for any person to deviate from the
terms and conditions of that permit without first obtaining from the administrative official
written changes to the original permit.
(c) Painting or cleaning a sign, or editing the sign message while retaining the same or
similar subject matter? shall not be considered an alteration requiring a sign permit.
70 The"Purpose and Scope"section in the present ordinance, 15,20.010,is no longer necessary because all
land use purposes have been integrated into the new§15.01.010(b). The"Definitions"section in the
present ordinance, 15.20.015,is no longer necessary because all definitions have been integrated at
§15.01,220,or incorporated into the single section where they apply,or deleted as not necessary. See,
APPENDIX 1. The"Nonconforming signs"and"Variance procedures"sections in the present ordinance,
15.20,050 and.060 are no longer necessary because all of these matters have been integrated into
§15.01.070 and.080 respectively.
71 In this redraft,I have deleted the§15.20.020 details pertaining to permitting fees. All fees should be left
to periodic non-codified ordinances enacted by the city council from time to time. I also have deleted the
reference to sign permitting being a prerequisite to a certificate of occupancy,because building codes
already provide that no certificate of occupancy can be issued until the premises comply with law. It is
redundant to say it here.
12
(d) If construction of a permitted sign has not been substantially completed73 within six
months of the date of issuance of the permit, that permit expires and a new permit is
required before any person may continue the work.
15.10.110. General Provisions.74
(a) All signs are accessory uses.7S
(b) All signs and structures supporting signs must be maintained in safe and
secure condition, good repair,76 and in full compliance with all provisions of this title.77
Convertible lettering and interchangeable portions of signs must be secured against
wind.78 No sign may physically obstruct any window, exit, traffic lane or parking space
on private or public property.79 Except in the Central Business District and on the west
side of Fourth Avenue between North Harbor and South Harbor, only temporary banners
may project into airspace above a sidewalk or other right of way.80 All illumination of
signs must be shaded or directed to avoid glare or reflection of light on surrounding lots,
and to avoid distracting pedestrians and motorists.8'Have Cheryl check (is this a matter of
course?)
(c) Only signs exempt from permitting are allowed on vacant lots.82
72 The present§15.20.020(f)(1)says"changing of copy or message...." I have revised that to say"editing
the sign message while retaining the same or similar subject matter." The former language would permit a
new business from avoiding correction of non-conforming("grandfathered")signage,and would allow
wholly new and different businesses to display signage that may have been appropriate only for the former
business. For example,a fishing charter business or a church might change the message on a large gas
station sign to advertise charter fishing or church information. My revision does not say that such a charter
fishing business or church cannot use the same sign.. It only says that where the subject matter of the
message changes substantially, the administrative official will again review that new function according to
these signage standards,and issue an appropriate new permit.
73 The present§15.20.020(e)requires that the"work"be"completed"in six months. I have changed this to
"substantial completion"to adopt construction terminology well recognized and well defined in law. You
could instead use the word"final completion,"which brings to the ordinance the same high level of useful
legal definition and precedent.
74 By combining some of the present 14 subsections of§15.20.025 to read by subject matter(life-safety and
height and street-frontage),I have reduced the total number to 8 subsections. Also,I have deleted
§15.20.025(a)and§15.20.025(b)because these statements have been moved to§15. 01.040(a)and(b),to
apply generally to all land use matters in Title 15.
75 This provision derives from the present§15.20.025(c).
76 This provision derives from the present§15.20.025(d).
771 have added this phrase both to capture the introductory language in§15.20.025 and to integrate this
compliance requirement with the rest of the title.
78 This provision derives from the present§15.20.025(M). I have expanded its application beyond"reader
board"signs to all signs. I also have expanded"changeable letters"to instead read"convertible lettering
and interchangeable portions"to ensure we are including everything on a sign that might come loose.
79 This provision derives from the present§15.20.025(H). I have expanded"motorist's ingress and egress"
to instead read`obstruct any ... traffic lane or parking space...."
so This provision derives from the present§I 5.20.025(N).
ai This provision derives from the present§15.20.025(E).
82 This provision derives from the present§I 5.20.025(c).
13
(d) Displays of multi-state products sold on the premises may not exceed 25
percent of the total sign area, except if the advertised product is the primary business on
the premises or if the sign advertises a multi-state franchise which is the principle
business conducted on the premises.83
(e) No sign may project above the maximum height permitted for a building on
that same lot, or more than 4 feet above the roofline, fagade or parapet of the existing
business building, whichever is less.84 No free standing sign many exceed 20 feet in
height, or the height of the business building, whichever is less.$ In the Historic District,
no sign may project above the roofline of the existing business building..86
Commissioners steed to discuss this further.
(0 Signage on a single lot facing more than one street may not exceed the size,
area,height or number allowed as single-frontage limits.87 Free standing signs are
limited to one per lot,88 and may be placed only on a front or side yard adjacent to the
street.89
(g) Seasonal signs are included in total allowable square footage.$° Reader board
signs must not exceed 32 square feet per side.91
(h) Reader board signs must be a wall sign, a marquee sign, or a free-standing
sign within a structural framework.92
15.10.120. Suns exempted from permits. No permit is required for the following
signs, and these exempted signs will not be included in the calculation of permitted sign
area for any lot,provided however that this exemption from permitting does not exempt
these signs from compliance with applicable general provisions in section 15.10.100
above.9
83 This provision derives from the present§15.20.025(G). I have changed the present"national"reference
to"multi-state,"to ensure the ordinance does not become ambiguous over a quibble of a product sold in
e.g.only 47 of the 50 states,or a product sold only regionally in the Western United States. I have changed
the ambiguous"bulk of the business"to"the primary business." I have also added a clause recognizing
signage for a"multi-state franchise"like Subway,provided that franchise is the"principle business
conducted on the premises."
84 This provision derives from the present§15.20.025(J).
as This provision derives from the present§15.20.025(L)(1).
86 This provision derives from the present§15.20.025(K). I have specified the"business building,"as
opposed to the present vaguer reference to"a building,"to ensure signage height is specifically related to
the building which is the location of the business,and not some other,higher building on the premises.
87 This provision derives from the present§15.20.025(F). Much superfluous verbiage has been deleted.
88 The present ordinance says"one per street frontage. I have changed this to"one per lot"following
discussions during a work session with the P&Z Commission and staff.
S9 This provision derives from the present§15.20.025(L)(2)and(3).
90 This provision derives from the present§15.20.025(I).
91 This provision derives from the present§15.20.025(M).
92 This provision derives from the present§15.20.025(M)(1),(2)and(3).
93 The present§15.20.025 states that it applies to all signs"governed by this ordinance." The present
§15.20,030 then describes various signs"not subject to a permit requirement...." In order to ensure that no
14
(a) Non-electric nameplates,94 limited to the name and address of occupants of the
premises and not exceeding 2 square feet.
(b)Building markers95 containing only the name of the building, date of
construction and incidental information about the construction, either cut into masonry or
made of bronze or other permanent material.
(c) Flags and insignias of non-profit corporations that are not advertising96
(d) Signs identifying historic buildings if the Historic Preservation Commission
approved the name on the sign and if the sign does not exceed 20 square feet.
(e) Signs crected by a governmental agency and required by law, including traffic
signs, historical signs, and directional signs.
(f) Directional signs97 containing no advertising and only informing or guiding
pedestrians or vehicles to such services as parking, drive-through windows or rest rooms,
provided no such sign exceeds b square feet
(g) One subdivision advertising sign per street frontage, but only if the
subdivision is 2 or more acres and if no sign exceeds 32 square feet
(h) An incidental sign,98 emblem or decal informing the public of goods or
services available on the premises, such as a credit card sign or a sign indicating hours of
business, provided no such sign exceeds 4 square feet
(i) Notice and warning signs not exceeding 2 square feet
0) Point of purchase signs advertising a retail item accompanying its display, such
as an advertisement on a product dispenser.9
(k) Signs on structures or objects intended for a single and separate use, such as
donation containers or recycling drops too
one concludes a sign exempt from permitting is also exempt from the General Provisions(safety,quantity,
location,glare,etc.), I have added the phrase,"... this exemption from permitting does not exempt these
signs from compliance with the applicable general provisions...."
94 I have incorporated into this description the definition found in the present§15.20.015,thereby
eliminating the need for inclusion of the word in the new Definitions section, 15.01.220.
95 Id. Note that the present ordinance contains no size limit for a building marker.
96 Note that the present ordinance contains no size limit for such a flag or insignia.
97 I have incorporated into this description the definition found in the present§15.20.015,thereby
eliminating the need for inclusion of the word in the new Definitions section, 15.01.220.
98 I have incorporated into this description the definition found in the present§15.20.015,thereby
eliminating the need for inclusion of the term in the new Definitions section, 15.01.220.
99 Id. Note that the present ordinance contains no size limit for a point of purchase sign.
15
(1) Signs suspended below a projecting or extending roof-like structure at an
entry, designed to provide protection against weather, such as a sign suspended below a
canopy,ceiling, roof or marquee, 101 provided,
(1) the sign does not exceed four square feet.
(2) the bottom of the sign is at least eight feet above the sidewalk, and
(3) there is only one sign per covered entry.
(m) Signs or scoreboards on athletic fields designed and intended for on-premise
viewing
(n) Vehicular fuel-price signs not exceeding twenty square feet per sign face, and
not exceeding one sign per abutting street right of way
(o) Signs on legally operated, chauffeured passenger vehicles for hire,102 not to
exceed
(1) a two- or three-sided vehicle roof sign no more than 14 inches high and 39
inches wide,
(2) signs on the sides of the vehicle not exceeding two square feet each, and'o3
(3) a sign mounted between the bumper and the lowest level of the rear window,
not exceeding 18 inches high and 36 inches wide.
(p) Signs on vehicles used in the ordinary course of business when advertising
that business or its principle product, provided the vehicle is not parked or located 104
100 I have deleted the reference to"telephone booth"as nearly obsolete. I have also added the word
"single"to the"separate use"wording in the present ordinance for clarity. Separate from what? I think the
word"single"gives more definition to the examples used in the present ordinance.
1011 have incorporated into this description the definition found in the present§15.20.015,thereby
eliminating the need for inclusion of the term in the new Definitions section, 15.01.220.
102 The present ordinance refers to the definition of"vehicle for hire"at§08.20.010 in Title 8 of the
ordinances. To eliminate the need for the reader to cross-reference so far into other Titles,and to follow
the rule of minimizing references to other specifically numbered ordinances which may change with time,I
have incorporated the Title 8 definition into this subsection. I also have added"legally operated"to ensure
that this exemption for sign permitting applies only to those vehicles for hire that have been authorized by
law to operate in Seward.
103 The present ordinance,§15.20.030(n)allows an exemption from permitting only when the vehicle for
hire has signage on the sides,"or"signage on the roof,"or"signage on the trunk. If the vehicle has signage
any two of those places,a permit is required. At the request of the P&Z Commission during a work
session,I have changed"or"to"and,"thereby deleting that present limitation. (Taxis frequently have signs
on both the sides and the back,or top.)
104 I have combined the"prohibited"use provision of the present§15.20.035(c)into this subsection,for
economy and because both ordinances address the same subject matter.
16
with the signage remaining visible to passing traffic within the same 90-degrees arc for
more than four daylight hours during each of 7 successive days or cumulatively for more
than 28 daylight hours over any 7 or more days of any calendar month. los
(q) Wall or free-standin>*murals that are purely decorative in nature and content,
and do not include advertising by pictorial or verbal message, except the name of the
sponsors.1 os
(r) Signs painted on or placed inside windows of the ground floor of a building,
provided they do not block any opening required for entrance or exit from the building,
(s) Certain temporary signs made of fabric, cardboard, wallboard or similar
impermanent material and displayed only for a short period of time as follows,107
(1) Grand opening and sale signs posted for no more than a total of 30 days.
These signs may include banners, flags, pennants, ribbons, streamers, balloons or bubble
machines.
(2) Noncommercial advertising of a civic, cultural, unique or random special-
event,108 posted not more than 14 days prior to the beginning of the event,
(3) Real estate sale, lease or rental signs109 not exceeding six square feet in all
zones that are principally residential, and not exceeding 32 square feet in all other
zones.110
105 I have changed"normal course of business"in the present ordinance to"ordinary course of business"
because the latter is a legal term used broadly and well-defined in case law.
I have deleted a parenthetical,"(see also section 15.20.035(c))"which is a wholly separate
prohibition that stands alone and need not be referenced here. (Ordinances would become incredibly turgid
if every subsection included"see also'references to all other relevant provisions in all other subsections.)
At the request of the P&Z Commission I have added time and frequency provisions that define
precisely what is meant in the present ordinance by the term"not parked or located primarily for the
purpose of displaying this advertising." The number,7 days and 4 hours per day,are mine,and could be
changed to whatever policy makers choose. The idea here is to place measureable limits on how long a
vehicle is parked with visible signage before it is considered to be signage rather than a vehicle used for
transportation in the business.
106 At the request of the P&Z Commission,I have added to the present ordinance the words"except the
name of the sponsors.
107 I have incorporated into this description the definition of"temporary sign"found in the present
§15.20.015,thereby eliminating the need for inclusion of the term in the new Definitions section,
15,01,220. Also,I have deleted the reference to"banner,pennant,valance or advertising display"because
those words are already included in the broad plain English meaning of"sign,"and to include them would
suggest that, for other purposed in this Article,banners,pennants,valances and advertising displays are
different from"signs." The word"sign"includes all public displays of information and advertising. Also,
I have added the word"impermanent"to the description of the material composition of the sign to
emphasize its"temporary"nature,and I have deleted from the definitional language"framed or without
frame"because,again,that seemingly qualifying elaboration is unnecessary to the broadest meaning.
108 I have added here the definitional language for"special event"found at§15.20.015,thereby eliminating
the need to define that term in the Definitions section, 15.01.240.
17
(4) Political campaign I I signs not exceeding six square feet in all zones that are
principally residential, and not exceeding 32 square feet in all other zones,'12
provided
(A)No sign is displayed more than 30 days prior to the related election,
(B)All signs are removed within 7 days following the last relevant
election, but those signs erected for a primary election that remain relevant
to the next following general election may remain in place during the
period between elections, and
(C)No campaign signs may be placed in or obstruct the view from any
area of a public right of way used for vehicular or pedestrian traffic.1l
(5) Construction signs not exceeding 32 square feet and one sign per street
frontage, buts 14 only while continuous, active construction occurs in a state of full
compliance with other land use and building ordinances of the city.
(6) Garage sale signs at the site of the sale.l is
(7) V-shaped, angled sandwich board signs with attached faces, not exceeding ten
square feet per side, and located entirely on private property.116
109 The present ordinance simply says"real estate signs." I presume the drafters meant"sale,lease or rental
signs"and did not mean to include other real estate advertising,such as the location of a real estate
business. I have added those purpose-related qualifiers in the redraft.
1"The present ordinance says"six square feet in residential areas and 32 square feet in commercial and
industrial areas." This language does not follow zones. Does the Office/residential(OR)district fall in
"residential"or"commercial"for sign size here? There are many residences in the CBD. Are these
residences allowed to have commercial-sized real estate signs? What are the:sign sizes for properties in the
Institutional(INS)district,and in the Resource management(RM)district? At the request of the P&Z
Commission,I have changed the references such that the smaller signs are allowed in"all zones that are
principally residential"(identified as such in the table)and the larger signs are allowed in all other zones,
i.e.,those that are not principally residential.
III The present ordinance says only"political signs." But the remaining language of the exemption
indicates that the drafters meant only election-related political signs,and not broader,more generalized
political signage. Hence I have added the word"campaign"to protect against a quibble later.
112 See,footnote 279 above for an explanation of the change from an"area"to"zones."
113 Some P&Z commissioners noted that,if you require signs to be on private property,there are many
areas of the city where the undeveloped right of way extends 15 or more feet back from that developed
roadway,such that the signs are not visible to traffic. I have added this provision to tacitly acknowledge
that a sign might be in the public right of way portion of a person's front yard,but the addition is in the
form of ensuring no sign becomes an obstacle to movement or line of sight.
1141 have added the"but ...."language,for a couple of reasons. First,the spirit of this"temporary"sign
assumes no major,long-term interruption in on-going construction,e.g.,loss of construction financing
halting a job for a year or more. Secondly,presumably the privilege of this exemption from sign-
permitting should apply only to legally compliant construction projects and not to scofflaw construction,
without all permits in place or in defiance of permit compliance requirements.
is Note that there is no size limitation for a garage sale sign.
18
15.10.130. Prohibited signs. The following signs are prohibited everywhere in the city,
and may be removed by the administrative official at the expense of the owner after
reasonable notice:117
(a) signs within any sight distance triangle or right of way, and signs obstructing the
visibility of any traffic on a public right of way or street sign or traffic signaling device
unless otherwise authorized,
(b) off-premises signs118 except the posting of temporary signs relating to special events
described at section 15.10.030(18)(B)
(c) temporary signs affixed to a tree, fence, utility pole or similar support,'19 also known
as snipe signs120
(d) portable signs except V-shaped, angled sandwich board signs with attached faces,121
not exceeding ten square feet per side and located entirely on private property
(e) signs that interfere with radio or television reception
(f) animated or flashing signs122 that use movement or change of lighting to depict action
or to create a special effect or scene, or that contain an intermittent or sequential flashing
light source, except that this prohibition does not apply to time and temperature signs and
open signs placed inside a_window or on a building.
(g) signs with lighted bulbs or tubes not covered with shades. lenses or deflectors to
eliminate glares 3 not to include neon signs as allowed in other sections of Title 1.5.
116 This is a new subsection recommended by the P&Z Commission,allowing sandwich board signs as
temporary signs. While, in the present ordinance,sandwich board signs are specifically excepted from
prohibited signs,nothing in the present ordinance specifically recognized a sandwich board sign with a
level of permitted status. (The more precise"per side"phrase was also added with the approval of the P&Z
Commission.)
117 I have added the provision"and may be removed by the administrative official...." I do not anticipate
that the director of the department will order removal of large,permanent signs unless they pose life-safety
issues. But it does make sense for city employees to be authorized to remove snipe signs,political
campaign signs and temporary banners that,after notice,the owners still neglect to dismantle or remove.
1181 have deleted the words"or billboards"because a billboard is a type of sign,and to use the word here
would suggest that temporary special-event signs could be huge billboards.
11g I have added"or similar support"to carry through with the intended spirit of this existing ordinance and
include all supports similar to a"tree,fence or utility pole."
1201 have included here the definition of"snipe sign"found at§15.20.015,thereby eliminating the need for
that definition in another section.
121 I have included essential aspects of the definition of"sandwich board"signs found at§15.20.015,
thereby eliminating the need for that definition in another section.
122 I have incorporated the definitions of"animated"and"flashing"signs found at§15.20.015,thereby
eliminating the need for those definitions in another section.
123 The present ordinance reads,"any sign with incandescent lamp bulbs exposed to view,with or without
internal or external reflectors." Assuming this provision is fundamentally intended to eliminate all
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(h) banners, flags,pennants, ribbons, streamers,balloons or bubble machines, except as
otherwise specifically permitted as temporary signage exempt from permitting
(i) suspended strings of lights, spinners, twirlers, propellers or similar devices; flashing,
rotating(except barber poles) or blinking light; beacons; chasing or scintillating lights;
flares or signs containing elements creating sound
6) a sign or sign structure no longer identifying or advertising an existing business,
service,product or activity at the identified location124
(k) signs imitating or resembling the signs, signals, lights or other devices used for traffic
control on public roads, by emergency vehicles, or as cautionary signals on other
vehicles125
(1)projecting signs and free-standing signs fronting alleyways, and
(m) signs advertising a home-occupation. STOPPING POINT Commission needs to
discuss further.
15.10.140. Sign standards in the residential districts. (a) Signage for churches,
schools,public institutions and municipal buildings in all residential districts may
include one identification sign and 127 one announcement sign,both for their own use
only,provided neither sign may exceed 20 square feet in area and provided the height of
any freestanding sign may not exceed a height of eight feet from the ground.128
irritating and distracting glare,I have eliminated"incandescent"so that it now applies to all glaring light. I
have also distinguished between bare bulbs or tubes and others with shades or deflection or lenses.
124 The present ordinance simply says,"abandoned signs or sign structures,"and the term is then defined in
another section. I have incorporated here the essence of the definition,but with one significant change:
The present defection of"abandoned"includes the requirement that"no legal owner can be found." I have
deleted that qualifier because I assume the prohibition is directed at getting rid of dilapidated and obsolete
signage around the city,including in instances where the owner of the property is known.
I have added the phrase"at the identified location'to indicate that the product or service
abandonment pertains to what is identified on the sign,not the product or service per se at some other
location.
125 I have added"cautionary signals on other vehicles"so that revolving or flashing yellow lights are not
used in signage,which I believe is consistent with the present ordinance prohibiting signals used by
emergency vehicles. A false cautionary rod signal is as distracting as by a false emergency signal.
126 Per the work session recommendation of the P&Z Commission,I have deleted the reference in the
present ordinance to"quasi-public organization"as an unworkable ambiguity. The Commission also
recommended that the language be broadened to ensure that private schools are included as well.
127 The present ordinance subsections,§15.20.040(a)(1)(a)and(b),do not indicate whether only one or
both signs are permitted. By implication,I am assuming both signs are permitted,and have used the
conjunction"and"rather than the disjunction"or."
128 The present ordinance does not include a referenced starting point for the measure. I have added"from
the ground."
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(b) Multiple-family dwellings up to and including four units in all residential districts
including the OR district may display one sign identifying the premises, provided that
sign may not exceed six square feet in area and provided the height of a freestanding sign
may not exceed five feet from the ground.
(c) Multiple-family dwellings of five units or more in all residential districts including the
OR district may display one sign identifying the premises,provided that sign may not
exceed 20 square feet in area and provided the height of a freestanding sign may not
exceed a height of eight feet from the ground.
(d) Except as otherwise provided for signs exempted from the permitting process, no
other signs are allowed in residential districts.
15.10.150. Sign standards in the office residential, auto commercial and industrial
districts. (a)The combined square footage of all non-conforming and permitted signs on
any single lot in the OR, AC, LI and HI districts may not exceed one square foot for each
linear foot of public right of way frontage, to a maximum of 200 square feet of signage
per lot.
(b) No signage is permitted along side yards or the sides of buildings except if that side
fronts an alley.
(c) Signage fronting an alley is limited to one identification wall sign, not to exceed two
square feet,but that wall signage fronting an alley may be increased to a maximum of 25
percent of the total allowed signage for the property if the business has a customer
entrance on that alley.129
(d) Internally illuminated freestanding, projecting or marquee signs shall not exceed 32
square feet in area per side. All other freestanding,projecting or marquee signs shall not
exceed 50 square feet in area per side.
(e) Except as otherwise provided for signs exempted from the permitting process, no
other signs are allowed in OR, AC, LI and HI districts.
129 The present ordinance does not indicate whether the larger wall sign at the alley can include more
information than the identification of the business,and I cannot read a conclusion from implication. I will
not correct this ambiguity until policy makers can discuss it.
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