HomeMy WebLinkAbout04182023 Planning & Zoning Work Session Packet Planning & Zoning Commission
Work Session Packet
Work Session
Tuesday, April 18, 2023
Council Chambers, City Hall
6.•00 p.m.
The City of Seward,Alaska
SEWARD PLANNING AND ZONING COMMISSION jo
WORK SESSION AGENDA
April 18, 2023 6:00 p.m. Council Chambers
Clare Sullivan 1) CALL TO ORDER
Chair
Term February,2024 2) STAFF COMMENTS
Vanessa Verhey 3) DISCUSSION ITEMS
Vice Chair
Term February,2023 a.) Definition changes......................................................................3
Nathaniel Charbonneau Flag Lot,Lot Frontage, &Lot width........................................................1
Commissioner Rental,Long term....................................................................................13
Term February,2024
Land Use Table for "Rental,Long-term"...................................................25
Victoria Monaco
Commissioner b.) Development requirement changes..........................................17
Term February,2023 Table:minimum buildable lot size..........................................................1
Brenan Homseth Table Notes:B, C, &D;lot frontage requirements................................2
Commissioner
Term February,2025 c.) Bunkhouse & Dormitory explanation......................................21
TroyStaggs Land Use Table........................................................................................2
Commissioner
Co Term ssion ,2025 d.) Awning Regulation Introduction..............................................27
SeanUlman Title 15:Signs..........................................................................................2
Commissioner Title 13:Streets and Public Improvements.............................................35
Term February,2025 Title 7.Public Property...........................................................................3
4) ADJOURNMENT
Janette Bower
City Manager
Jason Bickling
Community
Development Director
Courtney Bringhurst
City Planner
Selena Soto
Planning Assistant
Brenda Ballou
City Clerk
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15.10.140 Definitions.
(a) General interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "plot"or"parcel."
(5) The term "shall" is always mandatory.
(6) The word "used"or"occupied"as applied to any land or building shall be construed to include the
words"intended," "arranged,"or"designed to be used or occupied."
(b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise
provided or the context otherwise requires:
(1) Accessory building.A detached structure that:
a. Is clearly incidental to and customarily found in connection with a principal building or use;
b. Is subordinate to and serves a principal building or use;
C. Is subordinate in area,extent or purpose to the principal building or use served;
d. Contributes to the comfort,convenience or necessity of occupants, business or industry in the
principal building or use served; and
e. Is located on the same or adjacent lot under the same ownership as the principal building or use
served.
An accessory building shall be considered to be a part of the main building when joined by a common
wall or connected by a breezeway to the main building.Accessory building means any structure
regardless of type of foundation or base support, including skid-mounted or other moveable
structures.
(Accessory or mother-in-law apartment.See Dwelling, Efficiency apartment)
(2) Agriculture.Commercial farming,dairying, pasturage, horticulture,floriculture,viticulture,or animal
and poultry husbandry including buildings used to shelter farm implements, hay,grain, poultry,
livestock or other farm produce in which there is no human habitation and which is not used by the
public.
(3) Airport.A place where aircraft can land and take off, usually equipped with hangars,facilities for
refueling and repair,various accommodations for passengers,and business lease sites.
(4) Alley.A dedicated public way which affords a secondary means of access to abutting property and not
intended for general traffic circulation.
(5) Alteration.Any change,addition or modification in the construction, location or use of a building.
(6) Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a
fee including such activities as bowling alleys, billiards and pool,dance hall, pinball machines,video
games or other similar player-operated amusement devices.
(7) Antenna.A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbital based structures. Includes satellite dish.
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(Apartment. See Dwelling)
(8) Auto repair station.A place where a qualified automotive mechanic provides services such as general
motor vehicle and engine repair, reconditioning or rebuilding,and collision service including body,
frame and fender straightening and repair, painting and undercoating of motor vehicles.
(9) Auto service station.A place used primarily for the retail dispensing of motor fuels and/or installation
of tires, batteries and other accessories and services which do not customarily or usually require the
services of a qualified automotive mechanic.Also known as a gas station.
( Bed and breakfast. See Lodging)
( Boarding or rooming. See Lodging)
(10) Brewpub.An establishment that is primarily an eating place which includes the brewing of beer as an
accessory use.
(11) Building.Any structure built for the support,shelter or enclosure of persons,animals,chattels or
property of any kind.
(12) Building area.A total area taken on a horizontal plane at the main grade level of the principal building
and all accessory buildings,exclusive of external steps.
(13) Building,existing.A building erected prior to the adoption of this Code or one for which a legal building
permit has been issued.
(14) Building height.The vertical distance above a reference datum measured to the highest point of the
coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable
of a pitched or hipped roof.The reference datum,which must be between the building and the
property line or in a dedicated public right-of-way that is accessible to fire suppression personnel and
rescue equipment,shall be selected by either of the following,whichever yields the greater height of
the building:
a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal
distance of the exterior wall of the building when such a sidewalk or ground surface is not more
than ten feet above the lowest grade; or
b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface
described in subsection a.,above is more than ten feet above the lowest grade.The height of a
stepped or terraced building is the maximum height of any segment of the building.
(15) Building, principal or main.A building in which is conducted the principal or main use of the lot on
which the building is situated.Attached garages, porches and carports shall be considered to be part of
the principal building.
( Bunkhouse. See Housing)
(16) Business,general sales.A premises where the sale of goods or commodities to the consumer takes
place; i.e.,groceries; bakeries; hobby, knot or yarn shops, book,gift or apparel shops;fishing
equipment, hardware or vehicle sales; restaurants;vehicle rentals or variety stores.
(17) Business, personal service.The conduct of business where personal assistance is offered for
compensation; i.e.,dressmaking,tailoring, barbers and beauty,etc.
(18) Campground.A plot of ground upon which two or more campsites are located,established or
maintained for occupancy by camping units as temporary living quarters for recreational or vacation
purposes.
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a. Campground, municipal. Campgrounds owned or operated by the City and designated as public
campgrounds by resolution of the City Council.
b. Campground, private camper parks.A privately owned and operated campground on any parcel,
or adjacent parcels of land in the same ownership,which is used by two or more camping units.
C. Campground,employee.An area operated by an established business with high seasonal
employment of transient workers as a housing alternative and not construed to be a construction
camp.
(19) Camper park.A privately owned and operated campground on any parcel,or adjacent parcels of land
in the same ownership,which is used by two or more camping units.
(20) Camping unit.A tent or recreational vehicle.
(21) Child care, licensed home. In accordance with Alaska Statutes,a private residence where adult care,
protection and supervision is provided for children other than the occupant's.Also called day care,
nursery school,preschool and kindergarten.
(22) Church.A building,structure or group of buildings or structures primarily intended for conducting
organized religious services and associated accessory uses.The definition of a church shall be
dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office
interpretation.A standard single-family residence not remodeled for public meetings shall not be
considered a church.
(23) Clinic.A building or portion thereof containing offices and facilities for providing out-patient medical,
dental or psychiatric services,and which may include a dispensary to handle medication and other
merchandise prescribed by physicians in connection with their medical practice.
(24) Club, private.A building and related facilities owned or operated by a corporation,association or group
of individuals established for the fraternal,social,educational, recreational or cultural enrichment of its
members, but not primarily for profit,and whose members meet certain prescribed qualifications for
membership and pay dues. Includes lodges.
(25) Cluster subdivision.A development design technique that permits a reduction in lot area provided
there is no increase in the number of lots permitted under a conventional subdivision or increase in
overall density of development by concentrating buildings in specific areas on a site to allow the
remaining land to be used for recreation,common open space and preservation of environmentally
sensitive areas.
(Commercial building apartment. See Dwelling)
(26) Commercial communications tower.A structure intended to support equipment used to transmit
and/or receive communication signals including monopoles,guyed and lattice steel structures.This
definition does not include a tower that supports only one or more amateur radio antennas.
(27) Commercial use.An occupation,employment or enterprise that is carried on for profit by the owner,
lessee or licensee.
(Condominium. See Dwelling)
(Convalescent or nursing home. See Housing)
(28) Convenience store.A small-scale neighborhood grocery establishment offering for sale prepackaged
food products, household items and other goods commonly associated with the same and having a
gross floor area of less than 5,000 square feet.
( Dormitory. See Housing)
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(29) Drinking establishment.Any premises wherein the principal purpose is the retail sale of alcoholic
beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar,
cocktail lounge,tavern and nightclub.
(30) Drive-in facility.Any portion of a building or structure which by design permits customers to receive
services,obtain goods or be entertained while remaining in their motor vehicles.
(31) Dwelling.A building designed or used exclusively as living quarters for one or more families.
a. Apartment.Any portion of a building which is designed, built, rented, leased, let or hired out to
be occupied or which is occupied as the home or residence of an individual for daily living and
doing his own cooking independently of any other individual or family in the same building.
b. Apartment,commercial building.An apartment located within a building designed to
accommodate a mix of residential and commercial uses.
C. Apartment,efficiency(also called accessory apartment). A single separate dwelling unit
consisting of not more than one habitable room which includes combined kitchen,dining and
sleeping areas with accompanying sanitary facilities,and which is located within or shares a
common wall with a single-family dwelling.
d. Apartment,owner or manager.An apartment within a building that is designed to be used
exclusively as the living quarters for the owner or manager family of that building or a
commercial business located in the building.
e. Apartment,studio.A small apartment less than 500 square feet with a fully functional kitchen
and bathroom.
f. Condominium.A form of housing ownership by which a person may purchase and own one
dwelling unit in a multiunit building or development. Each owner owns a common interest in
such things as the underlying land,common walls,stairwells,elevators, lobbies, laundry rooms
and recreation rooms.
g. Guest house.An accessory building occupied on a temporary basis solely by nonpaying guests.
h. Mobile home.A factory-built home designed to be used as a year-round residential dwelling and
originally designed and mounted on wheels and/or axle supports for transportation by another
vehicle.
i. Modular home.A factory-built residential structure that is transportable in one or more sections,
is built on a permanent chassis,and is used as a place of human habitation, but which is not
constructed with a permanent hitch or other device allowing transport of the unit other than for
the purpose of delivery to a permanent site,and which does not have wheels or axles
permanently attached to its body or frame. Includes factory-built and manufactured home.
j. Multiple-family.A building designed as a residence for three or more families,with the number
of families in residence not exceeding the number of dwelling units provided and each living
independently of the other under one roof.
k. Single-family,attached.A building containing two or more dwelling units,each of which has
primary ground floor access to the outside and which are attached to each other by party walls
without openings.Also commonly called townhouse, row house and zero-lot line.
I. Single-family,detached. A building designed and/or used exclusively for occupancy of one family
and entirely surrounded by open space on the same lot.
M. Two-family or duplex..A building containing two single-family dwelling units totally separated
from each other by an unpierced wall extending from ground to roof or unpierced ceiling and
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floor extending from exterior wall to exterior wall,except for a common stairwell exterior to both
dwelling units.
n. Unit,dwelling unit.A building or separate portion thereof containing kitchen, living,sleeping
accommodations and at least one bathroom and designed to be occupied exclusively as a
residence by one family.
o. Watchman or caretaker dwelling.An accessory dwelling associated with a commercial or
industrial building or structure for the purpose of housing a watchman or caretaker and
immediate family.
(32) Family.Any number of individuals not necessarily related by blood, marriage,adoption or guardianship
living together in a dwelling unit as a single housekeeping unit and distinguished from a group
occupying a rooming house,club,fraternity house or hotel.
(33) Farm animal.Any cow, horse, mule,goat,sheep, pig,chicken,or other similar animal commonly kept
as livestock.
(34) Flea market.An occasional or periodic sales activity held within a building or open area where groups
of individual sellers offer goods, new and used,for sale to the public, not to include private garage
sales.
(35) Floor area, useable.That area used for or intended to be used for the sale of merchandise or services
or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the
building. Such floor area which is used or intended to be used for the storage or processing of
merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable
floor area.
(36) Fractions. In the determination of density, required parking spaces or other requirements of this Code,
computations resulting in a fractional number of 0.50 or above shall be considered the next larger
whole number.
(37) Garage, private.An accessory building or portion of a main building designed or used solely for storage
of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is
accessory.
(38) Greenhouse,commercial.A light-permeating structure used for cultivating and growing plants in a
controlled temperature and humidity environment where such plants are offered for sale either on the
premises or at another location.
(Group care home. See Housing)
(Guest house. See Dwelling)
(39) Guide service.Any premises used for collecting or returning persons from recreation trips when
remuneration is provided for the service.
( Halfway house. See Housing)
(40) Health club. Includes, but is not limited to,gymnasiums(except public), private clubs(athletic, health
or recreational), reducing salons and weight control establishments.
(41) Historic district.An area containing buildings or places in which historic events occurred or having
special public value because of notable architectural or other features relating to the cultural or artistic
heritage of the community of such significance as to warrant conservation and preservation.
(42) Home occupation.Any use customarily conducted entirely within a dwelling,or its accessory building,
and carried on by the occupants thereof,which is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof,and in connection with
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which there is no exterior sign, no display or stock in trade, no outside storage of materials or
equipment, no commodity sold upon the premises and not more than two persons are engaged in such
occupation.
(43) Home professional office.A home occupation consisting of the office of a practitioner of a recognized
profession.
( Hostel. See Lodging)
( Hotel. See Lodging)
(44) Housing. Structures providing housing for groups of people,such as students,employees or nursing
home residents.
a. Bunkhouse.A building used as living quarters for people such as cannery workers or construction
laborers where shower and sanitary facilities are shared and in which there are no individual
cooking facilities.
b. Convalescent or nursing home.A structure with sleeping rooms where persons are housed or
lodged and are furnished with meals, nursing and medical care.
C. Dormitory.A building used as residential group living quarters for a student body or religious
order as an associated use to a school,orphanage or other similar institutional use,and does not
include kitchen facilities except a group kitchen facility to serve all residents.
d. Group care home.A dwelling shared by no more than five disabled persons,plus resident staff,
who live together as a single housekeeping unit and in a long-term,family-like environment in
which staff persons provide care,education and participation in community activities for the
residents with the primary goal of enabling residents to live as independently as possible in order
to reach their maximum potential.The term "group care home"shall not include alcoholism or
drug treatment centers,work release facilities for convicts or ex-convicts or other housing
facilities serving as an alternative to incarceration.
e. Halfway house.A licensed home for inmates on release from more restrictive custodial
confinement,or initially placed in lieu of more restrictive custodial confinement,wherein
supervision, rehabilitation and counseling are provided to mainstream residents back into
society,enabling them to live independently. Such placement is pursuant to the authority of the
Alaska Department of Corrections.
(45) Junk. Dismantled or wrecked automobiles,aircraft, motor vehicles or machinery, mobile homes,
trailers,watercraft, used appliances or furniture,scrap building materials, metals, rubber, paper,
plastic or other scrap materials.
(46) Kennel.Any enclosure, building,shelter,area or establishment used for the purpose of breeding,
buying,selling, keeping or boarding five or more dogs over the age of four months,whether for profit,
pleasure,or as pets, by any person, individual,corporation,group of people or business entity. Does
not include an animal shelter.
(47) Livestock. Generally accepted large(over 250 pounds)and small (under 250 pounds)outdoor farm
animals(i.e., cows,goats, horses, pigs,barnyard fowl,etc.). Does not include cats,dogs and other
common household pets.
(48) Loading space.A space located on premises for pickup and delivery at the premises. Required off-
street loading space shall not be included as an off-street parking space.
(49) Lodging.The renting out of a dwelling,or portion thereof,to provide overnight sleeping
accommodations for a period of less than 30 consecutive days.The use includes the providing of meals
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to overnight guests only.This use includes bed and breakfast, but does not include motel, hotel or
hostel.
a. Bed and breakfast.An owner occupied and operated single-family residential dwelling where
lodging with a meal is provided for compensation on a short-term basis.The term does not
include boardinghouses and separate apartments which are leased on a month-to-month or
longer basis.
b. Boarding or rooming.An owner occupied building which has not more than five rooms available
for rent or lease on other than a day-to-day basis and not open to transient guests for residential
occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals
may be regularly prepared and served for compensation at a table,family-style,without service
or ordering of individual portions from a menu.The term includes lodging house or rooming
house but does not include separate apartments with individual kitchen and bath facilities.
C. Hostel.A building,or portion thereof, in which temporary or overnight lodging is provided for
hikers,cyclists or other travelers not generally traveling by car.
d. Hotel.A facility with six or more guest rooms and on-premises management offering transient
lodging accommodations to the general public on a daily rate where access to all sleeping rooms
is through a main entrance and which may provide food,entertainment, meeting rooms,
recreational facilities or various personal services. Includes lodges and inns.
e. Motel.A building,or group of detached or connected buildings, having six or more guest rooms,
an on-premises manager and parking conveniently located on the premises,which are designed
primarily to offer sleeping accommodations,with or without meals,to the motoring public on a
daily rate. Includes designations such as motor lodges,auto courts,tourist courts and similar
terms.
(50) Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use,coverage
and area and to provide such yards and other open spaces as are herein required. Such lot shall have
frontage or access on a public street or on an approved private street and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
C. A combination of complete lots of record,or complete lots of record and portions of lots of
record,or portions of lots of record;or
d. A parcel of land described by metes and bounds,provided that in no case of division or
combination shall any residual lot or parcel be created which does not meet the requirements of
this chapter and that, in the case of multiple lots or portions thereof,the property be replatted to
eliminate interior lot lines.
A. Lot area.The total horizontal area within the lot lines of a lot,exclusive of streets and
alleys.
B. Lot, buildable or useable area.That portion of a lot that a prudent person would use to
construct a building and provide required parking.This excludes lakes and rivers,creeks,
cliffs, marshes and other similar natural obstacles to development with the property
counting toward minimum required size.
C. Lot,corner.A lot situated at the intersection of two or more streets having an angle of
intersection of not more than 135 degrees.
D. Lot coverage.The area of a site covered by building or roofed areas, including covered
porches,decks and accessory buildings, but excluding allowed projecting eaves.
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E. Lot depth.The horizontal distance between the front and rear lot lines measured on the
longitudinal centerline.
F. Lot,Flag.A lot or parcel located to the rear of another lot or parcel,the main body of
which does not front on a street and is accessed by a narrow corridor.
G. Lot frontage.The portion of a lot abutting a street.Measured along the horizontal
distance between the points of intersection of the side lot lines with the front lot line.
H. Lot, interior.A lot other than a corner lot.
I. Lot line,front. In the case of an interior lot,a line separating the lot from the street. In the
case of a corner lot,the owner may choose which street he shall designate as the front of
the lot. Once the choice of frontage has been made, it cannot be changed unless all
requirements for yard space are met.
#.J Lot line, rear.A line opposite and most distant from the front lot line and, in the case of
irregular or triangular shaped lots,a line not less than ten feet in length within the lot,
parallel to and at the maximum distance from the front lot line.
K Lot line,side. Lot boundary not a front lot line or a rear lot line.
J-L Lot line, zero.The mean horizontal line whereby two adjacent buildings from adjacent lots
can be constructed with a common party wall providing a proper fire wall rating.All other
aspects are the same as in conventional development.
M Lot width.The average horizontal distance separating side lot lines of a lot and at right
angles to its depth.The lot width for lots surrounding a cul-de-sac bulb and flag lots will
be measured on the mean horizontal distance between side lot lines.
(51) Lumberyard.An establishment that sells sawn timber and other building materials typically stored on
the premises.
(52) Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials;or a use engaged in storage of or
manufacturing processes using flammable or explosive materials;or storage or manufacturing
processes that potentially involve hazardous or commonly recognized offensive conditions.
(53) Manufacturing, light.A use engaged in the manufacture, predominantly from previously prepared
material,of finished products or parts that, because of the nature of its equipment,operations,
processes, materials,and products, has little or no potential of creating noise,vibration,dust,smoke,
fumes,odor,glare,or other environmental impacts on surrounding properties or uses.
(54) Marijuana. Marijuana means"marijuana"as that term is defined in Alaska Statute 17.38.900 and any
amendments thereto.
(55) Mariluana establishment. Marijuana establishment means a marijuana cultivation facility,a marijuana
testing facility,a marijuana product manufacturing facility,or a retail marijuana store as those terms
are defined in AS 17.38.900 and any amendments thereto.
a. Mariluana cultivation facility. Marijuana cultivation facility means an entity registered to
cultivate, prepare,and package marijuana and to sell marijuana to retail marijuana stores,to
marijuana product manufacturing facilities,and to other marijuana cultivation facilities, but not
to consumers.
1. Limited marijuana cultivation facility.A limited marijuana cultivation facility has the
privileges set forth at 3 AAC 305.405(a)and (b),and is subject to the prohibitions at 3 AAC
306.405(c),except that it must have fewer than 500 square feet under cultivation.
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b. Marijuana product manufacturing facility. Marijuana product manufacturing facility means an
entity registered to purchase marijuana; manufacture, prepare,and package marijuana products;
and sell marijuana and marijuana products to other marijuana product manufacturing facilities
and to retail marijuana stores, but not to consumers.
C. Marijuana testing facility. Marijuana testing facility means an entity registered to analyze and
certify the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana
from marijuana cultivation facilities,to purchase marijuana and marijuana products from
marijuana product manufacturing facilities,and to sell marijuana and marijuana products to
consumers.
(56) Marijuana products. Marijuana products means concentrated marijuana products and marijuana
products that are comprised of marijuana and other ingredients and are intended for use or
consumption,such as,but not limited to,edible products,ointments,and tinctures.
(57) Marina.A facility for storing,servicing,fueling, berthing and securing and launching of boats that may
include the sale of fuel and incidental supplies for the boat owners and guests.Also includes harbor.
( Mobile home. See Dwelling)
(58) Mobile home park.A parcel or adjacent parcels of land in the same ownership upon which two or more
mobile homes are located or for which space is leased or held out for lease or use on a month-to-
month or longer basis.This does not include sale lots on which unoccupied mobile homes are parked
for inspection and sales and shall not be construed to mean tourist facilities for parking of travel
trailers, motor homes or campers.
(59) Mobile medical unit.A trailer, motorized coach or van capable of being transported from place to
place,containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic
device or decontamination equipment.
( Modular home. See Dwelling)
( Motel. See Lodging)
( Multiple-family. See Dwelling)
(60) Nonconforming building.Any building or portion thereof lawfully existing at the effective date of the
ordinance affecting it and which does not conform to all of the use, height and density regulations of
the zone in which it is located.
(61) Nonconforming use.A use which lawfully occupied a building or land at the effective date of the
ordinance affecting it that does not conform to the use provisions of the zoning district in which it is
located.
(62) Noxious use.A use which is injurious or harmful to health, highly disagreeable or offensive.
(63) Office. A building or portion of a building wherein services are performed involving predominantly
administrative, professional or clerical operations; i.e.,travel, insurance,employment, utility, public
service or government agencies.
(64) Open area. Open area is any portion of the lot not:
a. Covered by a structure, or;
b. Used for parking spaces and maneuvering.
(65) Owner.Any individual,firm,association,syndicate, partnership,corporation,trust or any other legal
entity having sufficient proprietary interest in the land, including the attorney or agent thereof.
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(66) Park.Any public land available for recreational,educational,cultural or aesthetic use.
(67) Parking area.A structure or an open area,other than a street,alley or other right-of-way,on which
vehicle parking spaces are defined,designated or otherwise identified and available,whether free or
for compensation,for use by the public,clients,tenants,customers,employees or owners of the
property for which the parking area is required by ordinance.
(68) Parking requirements as stated in terms of employees.The maximum number of employees who will
be at the site at one time on either a single shift or an overlap of shifts.
(69) Parking space,off-street.A designated area sufficient in size to accommodate one motor vehicle,
exclusive of maneuvering room,designed with adequate independent access to, but located off,any
street,alley or other right-of-way.
(70) Parking,valet.Attendant parking provided as a service to patrons of commercial establishments.
(71) Peddler.A person who,with no fixed place of business,goes from house to house, place to place,or
from store to store transporting goods,wares or merchandise for sale or offering or exposing the same
for sale or making sales and delivering articles to purchasers. (See Transient merchant and Vending,
Street.)
(72) Planned unit development.A land development under unified control that is planned and constructed
in its entirety as a single development operation or in a series of programmed stages.The development
may include streets,circulation ways, utilities, residences,commercial buildings,open spaces and other
site features and improvements some of which may not otherwise be individually permitted.
(73) Profession.An occupation or calling requiring the practice of a learned art through specialized
knowledge,training,experience or a degree issued by an institute of higher learning; i.e.,doctor of
medicine, lawyer,engineer or real estate broker.
(74) Professional office.The office of a member of a recognized profession maintained for the conduct of
that profession.
(75) Recreational, indoor commercial.A facility accommodating such indoor recreation activities as skating
rinks, bowling lanes or shooting/archery ranges.
(76) Recreational,outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields
or miniature golf.
(77) Recreational vehicle.A vehicle used or intended to be used as transient living or sleeping quarters for
humans and which may be driven,towed or propelled from one location to another without change in
structure or design,whether or not the same is supported by wheels or identified by a model,serial or
vehicle registration number. Includes travel trailers,camping trailers,tent campers,trailer coaches,
motor homes,truck campers and similar vehicles.
(78) Recreational vehicle(RV) park.Any parcel of land upon which two or more recreational vehicle sites
are located,established or maintained for commercial occupancy by recreational vehicles of the
general public as temporary living quarters for recreation or vacation purposes. Includes trailer park
and camper park.
(79) Recycling center.A building in which used material is separated and processed prior to shipment to
others who will use those materials to manufacture new products.
(80) Recycling collection point.An incidental use serving as a neighborhood drop-off point for temporary
storage of recoverable resources. No processing of such items would be allowed. This facility would
generally be located in a shopping center parking lot or in other public/quasi-public areas such as
churches and schools,as opposed to being allowed on residential or vacant lots.
12
(81) Rental,Long-term.A dwelling unit,or portion thereof,that is rented,loaned,leased,or hired out for
a period of 30 consecutive days or more.
{4) (82) Repair service, household/appliance.A business establishment where repairs are made to
appliances and furniture.
424 (83) Residence.A home,abode or place where an individual is actually living at a specific point in
time.
{g-3) (84) Resource extraction. Commercial or industrial operations involving the removal of nonrenewable
natural resources such as ore,topsoil, sand,gravel, rock,gas,oil or any operations having similar
characteristics. Said use includes the use of heavy equipment such as loaders,dozers, backhoes and
crushers.
44} (85) Restaurant.An establishment whose principal business is the sale of food and/or beverages to
customers in a ready-to-consume state and whose principal method of operation includes one or both
of the following characteristics:
a. Customers, normally provided with an individual menu,are served their foods and beverages by
a restaurant employee at the same table or counter at which the food and beverages are
consumed; and/or
b. A cafeteria-type operation where food and beverages generally are consumed within the
restaurant building.
{g�) (86) Restaurant,fast-food.An establishment whose principal business is the sale of quickly prepared,
ready-to-eat food and/or beverages for consumption within the restaurant building,within a motor
vehicle parked on the premises,or off the premises as carry-out orders,and whose principal method of
operation includes the following characteristics: orders are generally taken at a main counter or drive-
up window and food and/or beverages are usually served in disposable wrapping or containers.This
includes drive-in and carry-out restaurants.
{8f) (87) Right-of-way.An area or strip of public land which incorporates or is intended to be occupied by,
but not limited to,streets,alleys,sidewalks, bike paths,curbs,gutters, landscaping and/or public
utilities.
{g�) (88) Salvage yard (auto wrecking,scrap, iunk).Any area used for the storage, keeping or
abandonment of junk or waste material, including scrap metal or other scrap materials,or for the
dismantling,demolition or abandonment of automobiles, machinery,other vehicles or parts thereof.
494 (89) School.Any public, religious or nonprofit facility providing a general curriculum of academic or
vocational instruction serving any or all grades between kindergarten and twelfth grade.
494 (90) School, commercial.A facility providing commercial instruction in such activities as music,dance,
arts,crafts and sailing.
k904 (91) School,adult vocational.A facility providing a general curriculum of adult academic or vocational
instruction.
414 (92) Setback.The required minimum distance from a right-of-way or lot line that establishes the area
within which only fencing, landscaping,driveways, parking and similar uses are permitted.Any
structure including, but not limited to,decks,stairways, porches or other attachments to a building are
specifically prohibited in the setback. Building eaves are permitted to extend into the setback a
maximum of two feet.
{92) (93) Shopping center.A single complex which provides a combination of retail establishments
designed in such a manner as to provide convenience for shoppers with common parking facilities.
Includes mall.
13
(Single-family,attached. See Dwelling)
(Single-family,detached. See Dwelling)
{93) (94) Solid waste facility.A disposal site employing an engineering method for disposing of solid
wastes in a manner that minimizes environmental hazards. Includes landfill,compactor,transfer,etc.
k94} (95) Storage. A structure or designated area that provides space for storing.
a. Container. An accessory storage use consisting of containers such as semi-tractor vans,shipping
containers and conex containers originally designed to transport goods and materials via
highway, rail,air or sea,which are placed on a parcel of land and used for covered storage
provided that all wheel assemblies have been removed,and the unit is located outside any
setbacks. Containers,whether temporary or permanent,are considered a structure and must
comply with current adopted building codes. Railroad box cars are excluded except in the
industrial zone. (See Accessory Use/Building, Building,and Structure)
b. Outdoor.The commercial keeping, in an unroofed area and usually enclosed by a fence,of any
goods,junk, material, merchandise or vehicles in the same place for an extended period of time.
In the harbor commercial area,the use is limited to the storage of boats only.
C. Self-service. A building or group of buildings consisting of individual,small,self-contained units
that are leased or owned for storage of business and household goods or contractors'supplies.
Includes mini warehouses.
d. Warehouse and distribution.A building used primarily for the storage and/or distribution of
goods, products, materials,supplies and equipment, but excluding bulk storage of materials that
are flammable or explosive or that create hazardous or commonly recognized offensive
conditions.
{g-5) (96) Street.A dedicated public way which affords the principal means of access to abutting property,
such as an avenue, place,drive, boulevard, highway or other similar public thoroughfare,except an
alley as defined herein.
464 (97) Structure.Anything constructed or erected on the ground or attached to something having
location on the ground, including, but not limited to, buildings,towers,and sheds. Fences, retaining
walls less than three feet in height,signs and similar improvements of a minor character are excluded.
{9-7) (98) Surface,durable. Means brick,flag-type stone,gravel,cement, or asphalt.
{98) (99) Temporary structure.A structure without any foundation or footings as allowed by the adopted
building code which must be completely removed from the parcel when the temporary permit for the
structure/use expires.
{g-% (100) Trailer.A structure standing on wheels,towed or hauled by another vehicle and used for carrying
materials,goods or objects or as a temporary office or business.
499)(101) Transient merchant.Any person, partnership,firm or corporation,whether a resident of the City
or not,who engages in a temporary business,within a period not exceeding 150 consecutive days in a
calendar year,of selling and delivering goods and/or services,wares and merchandise for profit or
nonprofit within the City by operating on a door-to-door,street corner or similar basis; or from no fixed
location or office;or from a location out-of-doors or in quarters that are easily moveable,such as a
temporary leased area or space, motor vehicle,trailer or tent. Includes peddlers,solicitors, itinerant
merchants and vendors. Does not include vehicles for hire.
(Two-family or duplex. See Dwelling)
( Unit,dwelling unit. See Dwelling)
14
4&14(102) Utility, public facility.An installation owned by an agency under public franchise or ownership,or
under certificate of convenience and necessity, providing the public with electriCity,gas, heat,steam,
communication,water,sewage collection or other similar service.
498 4(103) Vehicle, motor.A self-propelled device used for transportation of people or goods over land
surfaces and licensed as a motor vehicle.
4 3)(104) Vending.The sale of food,services or merchandise.
a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the general
public.
b. Mobile vending cart. Is a non-motorized structure or unit on wheels that is easily moved and
used for vending.
C. Mobile vendor.A person or business that sells food or permitted types of goods from City-
approved locations using(i)a licensed vehicle or cart capable of movement; or(ii)a licensed
trailer pulled behind a motor vehicle.
d. Pre-packaged food. Ready-to-eat food that is cooked,wrapped, packaged, processed,or
portioned for service,sale or distribution.
e. Roving vendor.A person who offers only pre-packaged food items to the public,with or without
the use of a licensed motor vehicle,from no fixed location on public property,only on rights of
way within designated zoning districts,excluding Fourth Avenue between Port Avenue and Van
Buren Street,and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway
Avenue.
f. Transient merchant.Any person, partnership,firm or corporation,whether a resident of the City
or not,who engages in a temporary business,within a period not exceeding 150 consecutive days
in a calendar year,of selling and delivering goods and/or services,wares and merchandise for
profit or nonprofit within the City by operating from a location out-of-doors or in quarters that
are easily moveable,such as a temporary leased area or space,or motor vehicle,trailer or tent.
Includes peddlers,solicitors, itinerant merchants and vendors. Does not include vehicles for hire.
Transient merchants operate exclusively from private property. (Note:Transient merchant
definition relocated. Previously 15.10.140. B. 95.)
404}(105) Veterinary hospital.A facility,which may include animal runs, in which veterinary services are
rendered to animals and domestic pets and which may include clipping, bathing, boarding and other
services. Includes veterinary clinic.
(Watchman or caretaker dwelling. See Dwelling)
4 5}(106) Water-dependent.A use or activity which can be carried out only on, in or adjacent to water
areas because the use requires access to the water body for water-borne transportation, recreation,
energy, production or source of water.
4064(107) Water-related. Uses which are not directly dependent upon access to a water body but which
provide goods or services that are directly associated with water-dependent land or waterway use and
which, if not located adjacent to water,would result in a public loss of the quality of goods or services
offered.
49-74(108) Yard.A required open space on the same lot with a main building, unoccupied or unobstructed
from the ground upward,except as otherwise provided in this chapter.
a. Front.The area extending across the full width of a lot, measured between the front lot line and
the nearest exterior wall of the building,front of a bay window or the front of a covered porch or
other similar projection,whichever is the nearest to the front lot line.
15
b. Rear.A yard extending across the full width of the lot between the most rear extension of the
main building and the rear lot line.The depth of the required rear yard shall be measured
horizontally from the point of the rear lot line nearest to the main building. In cases of double
frontages and corner lots,there are no rear yards, only front and side yards.
C. Side.A yard between a main building and side lot line,extending from the front yard to the rear
yard.The width of the required side yard shall be measured horizontally from the nearest point
of the side lot line toward the nearest part of the main building.
(109) Zero-lot line.The location of a building on a lot in such a manner that one or more of the
building's sides rests directly on a lot line.
(Ord. 626, §3, 1989; Ord. 633, § 1, 1990; Ord. 92-02; Ord. 92-14;Ord. 93-05;Ord. 94-26;Ord. 95-07;Ord. 95-17;
Ord. 96-05;Ord. 97-12; Ord. 98-02;Ord. 98-06;Ord. 98-09;Ord. 99-01;Ord. 99-10; Ord. 99-16, §3, 1999;Ord.
2003-09;Ord. No. 2010-005, § 1, 10-11-2010; Ord. No. 2011-004, § 1,5-29-2012; Ord. No. 2014-002, § 1,4-28-
2014;Ord. No. 2014-004, § 1,5-27-2014; Ord. No. 2015-001, § 1, 2-23-2015; Ord. No. 2016-005, §3,6-27-2016;
Ord. No. 2018-002, §4;Ord. No. 2018-004, § 1;Ord. No. 2020-012, § 1, 10-12-2020; Ord. No. 2022-002, § 1, 1-24-
2022)
16
15.10.220 Development requirements.
(a) Table 15.10.222,development requirements, is incorporated herein by reference and the restrictions and
annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the
end of this section;see also section 15.10.210.)
(b) Building height.The purpose of building height standards is to prevent loss of life or excessive property
damage through the inability of the City fire department to reach upper stories or roofs and to help maintain
the character of neighborhoods.
(c) Setbacks—Yards.
(1) Setbacks are required to insure sufficient open area for snow accumulation,sunlight,views, privacy,
fire separation and visual relief between structures.
(2) No yard or other open space provided about any building for the purpose of complying with the
provisions of this chapter shall be considered as providing a yard or open space for any other building,
and no yard or open space on one lot shall be considered as providing a yard or open space on any
other lot.
(3) No yard or lot shall be reduced in size or area below the minimum requirements set forth herein.Yards
or lots created after December 5, 1978 shall meet at least the minimum requirements established by
this chapter.
(4) In cases of corner lots with multiple frontages,the administrative official shall designate the front yard,
and all other frontages shall be designated as a side to a street.
(5) All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent
lots,structures,fences,or other property.
(Ord. 99-10, §3;Ord. No. 2018-004, § 1)
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR= Rural,very low density single-family residential
R1= Single-family, low density residential
R2= Single and two-family, medium density residential
R3= Single,two and multi-family, high density residential
UR= Urban residential,a mix of residential uses and low impact home professional offices
OR= Office residential
AC= Auto and neighborhood oriented, light commercial
HC= Harbor commercial
CB= Central business district-dense downtown commercial
I = Industrial
RM = Resource management-partially developable lands subject to floodplains and steep slopes
INS= Institutional, public,quasi-public uses
P= Parks
17
Table 15.10.222.Development Requirements
Zoning Districts Principally Residential Principally Commercial Principally Public
RR R1 R2 R3 UR OR AC HC CB I RM INS P
Maximum Building Height(ft.)(See 34 34 34 34 34 34 34 Varies 34 34 34 34 34
Note 1,next page) 26 or
34*
Minimum Buildable Lot Size(sq.ft.) 20,000 Varies Varies Varies Varies Varies Varies None Varies 10,000 20,000 None None
(See Notes 2 and 7,next page) 3,000 3,000 3,000 3,000 3,000 6,000 3,000
to to to to to to to
;-999* ;-999* 9,000* 9,000* 9,000* 9,000* 9,000*
6,000 6,000
Minimum Lot Width(ft.)(See Notes 100 Varies Varies Varies Varies Varies 60 or 30 Varies 100 100 None None
3 and 7,next page) 30 to 30 to 30 to 30 to 30 to 90* 30 to
60* 60* 90* 90* 90* 90*
Minimum Front Yard Setback(ft.) 20 20 20 20 20 20 10 None None 20 20 20 20
(See Note 7,next page)except
Leirer and Tract C-1 below
Minimum Front Yard Setback(ft.) 20 20 20 20 20 20 10 None None 10 20 20 20
for Leirer Industrial Subdivision and
Alaska Skill Center Tract C-1 only.
(See Note 7,next page)
Minimum Side Yard Setback(ft.) 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20
(See Notes 4 and 7,next page) min. min.
with with
15 15
total* total*
Minimum Side Yard Setback 10 10 10 10 10 10 10 None None 20 10 10 20
Adjacent to Street(ft.)(See Note 7,
next page)
Minimum Rear Yard Setback(ft.) 10 10 10 10 10 10 10 None, None 10 10 15 20
(See Notes 5 and 7,next page) 5 and
10*
Maximum Accessory Building Height 20 20 20 20 20 20 20 20 34 34 20 34 20
(ft.)
18
Maximum Lot Coverage(%)(See 30 35 35 40 40 50 50 100* 1 100 1 100* 1 30 50 1 10
Notes 2G and 6,next page)
19
Table 15.10.222. Development Requirements—Table Notes
NOTE 1. Within the HC District, in the area bounded by Fourth Avenue,the southern boundary of the South Harbor
Uplands-Tract H,Waterfront Park Replat,the harbor basin and J Float Ramp, building height is limited to 26 feet.
NOTE 2.
A. Buildable/useable area—Lot may have to be larger to have minimum buildable area available.
B. In the R1, R2, R3, UR,OR,AC and CB Districts,from the Seward Highway/Phoenix Road intersection
South,to include the Bayview Subdivision,a minimum of 3,000 SF lots and 30 foot minimum frontages
and north of the Seward Highway/Phoenix Road intersection,a minimum of 6,000 SF lots and 60 foot
minimum frontages vioth 30- nd- 6_0 feet minimum fFeR+-,ges. tivel., f9F siRgle family. sid nc-e-
C. Lots located on a cul-de-sac bulb shall have a minimum of 8,000 square feet and a 40-foot minimum
lot frontage.
D. Flag lots shall have a minimum of 15,000 square feet and a 30-foot minimum lot frontage on the staff
portion of the lot.
E A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000
SF is to accommodate required widening of an adjacent right-of-way.
S. F In the R1, R2, R3, UR,OR,AC and CB Districts, individual lots of at least 3,000 SF in the Original
Townsite, Federal Addition, Laubner Addition,Cliff Addition and Bayview Addition may be developed
for single-family residences provided all other development requirements of this chapter are met.
G Multiple-Family developments(except studio apartments)with three or more units require a minimum
of 9,000 SF in the R3, UR,OR,AC and CB Districts and 20,000 SF in the RM District.All said districts
require an additional 1,200 SF per unit of five or more units.
H Two-Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR,OR,AC and CB
Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision
require 5,000 SF.All other development requirements of this chapter shall be met.
1 Multiple-Family,studio apartments in the OR,AC,CB, HC, I and RM districts require a minimum of
9,000 SF. The total square footage required for lot setbacks shall be reserved as open area.All other
requirements set forth in this chapter shall be met.
NOTE 3. See Notes 2-9 F and 2-€G above.
NOTE 4. From Seward Highway/Phoenix Road intersection—South,a five-foot setback,each side; north,a
minimum five-foot setback each side as part of a combined 15-foot setback total between both sides.
NOTE 5. In the HC District, parcels abutting mean high tide—No rear yard setback; parcels abutting the waterfront
boardwalk—Five feet;and parcels not abutting the waterfront boardwalk or mean high water mark—Ten feet.
NOTE 6. Excludes setbacks in HC and I.
NOTE 7. In the Industrial District, no minimum lot size,width or setbacks are required for unmanned electronic
sites.
NOTE 8.Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in
an R1 district,except for a long term care facility,aka skilled nursing care facility.
(Ord. 2007-009, § 1;Ord. 2008-006, § 1;Ord. No. 2012-002, § 1; Ord. No. 2016-009, § 1;Ord. No. 2017-002, § 1;
Ord. No. 2018-004, § 1)
20
Bunkhouse and Dormitory:
A bunkhouse and dormitory are very similar in nature, and in Seward especially, there are few
differences.
We would like the Commission to review the zones where Bunkhouses and Dormitories are
allowed to determine if it is appropriate to allow both types of housing in each zone where one
type is allowed.
For example, the land use table only allows a Bunkhouse in Auto Commercial and Industrial, but
does not allow a Dormitory. A Dormitory is allowed in Office Residential, but not a Bunkhouse.
(See the land use table on the next page.)
Definitions:
(44) Housing. Structures providing housing for groups of people, such as students,
employees, or nursing home residents.
a. Bunkhouse. A building used as living quarters for people such as cannery workers
or construction laborers where shower and sanitary facilities are shared and in
which there are no individual cooking facilities.
C. Dormitory. A building used as residential group living quarters for a student body
or religious order as an associated use to a school, orphanage, or other similar
institutional use, and does not include kitchen facilities except a group kitchen
facility to serve all residents.
21
Table 15.10.226 Land Uses Allowed
KEY:
O— Use Permitted Outright
H — Home Occupation
C— Use Requires conditional Use Permit
P— Use Requires Administrative Permit
Blank— Use Prohibited
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Accessory building O O O O O O O O O O O O O
Adult entertainment INTENTIONALLY LEFT BLANK
Agency, i.e.,travel insurance, O O O O O
title, real estate, etc.
Agriculture O
Airport and related services O C
Amusement or recreation O O O
facility
Animal shelter O C C
Antenna, personal TV, satellite O O O O O O O O O O O O
dish
Art gallery O O 1 O O O
Assemblages, temporary large, P P P P P P P
i.e., circus, fair
Attraction, permanent major C C C C C
visitor
Auditorium O O O
Auto repair, i.e., mechanic,glass C O
body, upholstery
Auto service/gas station O O O
Auto/RV sales and rentals O O 1 O
Boat sales O O O
Boat, commercial O O
building/fabrication
Boat, harbor/marina C C C C C
Boat, repair and maintenance O O O C
Boat, storage commercial O O O C
Bulk material, i.e., concrete, C C
gravel, sand, asphalt
Business, marine retail sales and O O O O C
service
Business, package liquor O O O
Business, retail sales and service O O O O
Business, retail sales and O
service, industrial
22
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Campground, municipal C/P C/P C/P C/P
Campground, camper park, C/P C/P C/P
private
Campground, employee C/P
Car/boat wash O O O
Cemetery O C O
Center, community/civic O O C C
Center, mariner's O O O O
Center, senior or teen C C C O O C C
Child care, licensed center C C O O O C
Child care, licensed home O O O O O O O O O
Church C C C C C C O O O
Clinic, medical O O O O
Clubs, C O O C
fraternal/lodges/social/veterans
Cluster subdivision C C C
Commercial communications C C C C C C
tower less than 16 feet diameter
or 75 feet in height
Commercial communications C C C
tower 16 feet diameter or
greater than 75 feet in height
Correctional/prison facility C C C C
Crematory O
Docks/wharves, industrial cargo O O C C
Dock, passenger O 1 O O 1 C O
Drinking establishment, i.e., bar, C C C
nightclub, lounge
Drive-in facility—Fast food, C C C C C
banking, etc
Dwelling, apartment in a O O O O O C
commercial building (limited to
one unit)
Dwelling, apartment in a O O C C
commercial building (two or
more units)
Dwelling, apartment, efficiency O O O O O O O
or accessory
Dwelling, apartment, studio C C C C C C
Dwelling, attached single-family, C C C C C C C
i.e., townhouse, row
Dwelling, condominium C C C C C C C
Dwelling, detached single-family O O O O O O O C C
Dwelling, group home O O O O O O C
23
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Dwelling, guest house O O C
Dwelling, multi-family(3 or C C C C C C C
more units)
Dwelling, two-family or duplex O O O O O C C
Dwelling, watchman or O C
caretaker
Emergency services, pub/vol; C C C C C C O C O O C O
i.e., fire, ambulance, rescue
Financial institution, i.e., bank, C O O
S&L
Flea market, open air retail, C C C
other than occasional
Fuels, bulk storage and sales C
Golf course O O C
Golf driving range O O O O C
Greenhouse/nursery— O O O
Commercial
Grocery, convenience store C C C O O O O
Grocery, supermarket, food O O
mart
Health club C C O O O
Home occupation O O 1 O O O O O O O O
Hospital C C
Housing, bunkhouse C C C
Housing, dormitory O O
Housing, nursing retirement, C C C
convalescent
Kennel, commercial, musher or INTENTIONALLY LEFT BLANK
fancier
Laundry, dry cleaning O C O O
Library O O O O
Livestock, excluding chickens P P
and rabbits
Livestock, chickens and rabbits P P P P P P P P P
Lodging, B&B H/P H/P H/P H/P H/P O/P O/P O/P O/P
Lodging, hostel P P P P P P
Lodging, hotel, motel, lodge, inn I I C 1 O C C
Lodging, short-term rental H/P H/P H/P H/P H/P P P P P
Lumber yard/building supply C O C
Manufacturing— noxious, heavy C
Manufacturing, light fabrication, C C O
assembly
Merchant, transient O O O O
Mobile home park C/P
24
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR I AC I HC I CB I I RM INS P
Mobile home, residential, not in INTENTIONALLY LEFT BLANK
park
Mobile home sales O O
Mobile medical unit O O O
Mobile vendor P P P P P P P P P P P
Mortuary/funeral home O O O
Museum C O O O O O
Office, boat charter, guide O O O O O C
Office, business or professional O O O O O
Office, government/quasi- O O O O O O O
government administration
Office, mobile/temporary on P P P P P P P P P P P P P
construction site
Office, home, professional O O O O O
Parking lot C C O O O O O O O O
Personal services, i.e., beauty, O O O O
shoe, tailor
Planned unit development C C C C C C
Playground, public tot lot O O O O O O O O O O O
Railroad C C C C
Recreation, commercial indoor, O O O C
i.e., bowling, skating
Recreation, outdoor, i.e., O C C C
miniature golf
Recreation, shooting range C C C
Recycling center C C O C
Recycling, self-service drop-off O O O O O O O O
point
Rental, Long-term O O O O O O O O O O C
Repair service, i.e., large C C O
appliance
Resource extraction, C C C
commercial subsurface, i.e.,
mining
Resource extraction, C C C
commercial surface, i.e., gravel
Resource extraction, C C
commercial timber harvesting
Restaurant,food service, O O O O O C
catering, brew pub
Rooming or boarding house O/P O/P O/P O/P
Roving vendor P P P P P P P P P P P
Salvage—auto, wrecking, scrap, C
junkyard
25
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Sawmill or lumbermill C C
School, college C C C
School, public/private, C C C C C C C C C
elementary/secondary
School,vocational C O O C O C
Seafood processing, i.e., C C C C
canning, rendering
Shop, i.e., welding, sheet metal, C C O
machine, steel fab.
Shop, i.e., wood, signs, cabinet, C C O C O
upholstery
Shopping center(mall) C C
Solid waste disposal, i.e., baler, C C C
transfer, landfill
Storage, container P P P P O P
Storage, explosives P
Storage, outdoor, yard, C O O C
material/equipment
Storage, self service O O O O
Storage, warehouse and O O O C C
distribution
Studio, radio/television C 1 O O 1 O O C
Tanks, above ground associated C C O
with service station
Taxidermy O O O O O
Terminal, i.e., bus, truck,freight O C O C
Terminal, marine/boat O C O O C
passenger
Theater, concert, movie O O
Tool/equipment rental O O
Temporary structure P P P P P P P P P P
Utility facility, public electric, C C C C C C O O O O O O
water, sewer, etc.
Vehicle impound lot O O
Vending machine repair, storage O O C
Veterinary hospital C C C
Wind Energy Conversion O O O O O O O O O O O O O
Systems (WECS)
26
Awnings and Canopies extending into a ROW
City Code seems to allow the construction of canopies and awnings in the ROW in any zoning
district if it does not have a written message on it advertising or promoting a private or public
business.
However, Title 7 seems to conflict with this as it is the City's policy to not allow encroachments
in a public ROW.
Marquee/canopy signs advertising a business are only allowed in the CB zoning district and one
block in the HC zoning district, however, the sign standard section of code seems to contradict
this as well by providing specifications for marquee signs in OR, AC, and I zoning districts.
We need to establish some congruency and clarity around awnings and canopies.
Title 15 -Sign Code:
• Definitions
o Marquee (canopy or awning). A permanent roof-like structure projecting
beyond a building wall at an entrance to a building, or extending along and
projecting beyond the building's wall, and generally designed to provide
protection against the weather.
o Marquee sign. A sign that is a part of or attached to a marquee.
o Sign. Any device fixed to, painted on, or incorporated into the building surface;
displayed from or within a building or structure; or free-standing upon the site,
and which is (a) visible from a public right-of-way and (b) designed to convey or
direct a message to the public concerning the identification of the premises or
to advertise or promote the interests of any private or public firm, person or
organization.
• No sign can project into the airspace above any ROW or sidewalk
o Except in CBD and west side of Fourth Avenue between North and South Harbor
Streets (15.20.025(P))
• City may remove any sign located on City property or ROW (15.20.050(C))
• Signs within any sight distance triangle or ROW are prohibited, unless otherwise
authorized (15.20.035(B))
• Sign standards for marquee signs in OR, AC, CB, HC and 1, which implies that they are
allowed (15.20.040)
27
Title 13—Streets and Public Improvements
• "Canopies or roofs may be constructed over public ROW, provided that these canopies
or roofs do not interfere with the use of the ROW and that a permit for the construction
of the canopy or roof is first obtained from the city." (13.01.010)
o City is not liable for any canopies or awnings in the ROW
Title 7— Public Property— Encroachments
• Definitions
o Encroachment means any obstruction in, or intrusion into a delineated
floodway, right-of-way, easement, or public land or associated airspace.
o Structure means any improvement, constructed or erected on or attached to
the ground or another structure, including, but not limited to, *awnings, refuse
container racks, towers, sheds, signs and fences.
• "It is the city's policy not to allow new or unauthorized encroachments into any public
right-of-way, land or easement." (7.05.515 (A))
• "No permits may be issued for refuse container racks,towers, sheds, signs or fences;"
(7.05.515(B)(1))
o *Was 'awnings' purposely left out of this section?
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15.20.025 Requirements applicable to all signs.
The following provisions shall apply in all zoning districts to all signs governed by this ordinance,subject to
the specific regulations in each zoning district:
A. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign,
the more restrictive provision shall apply.
B. In matters of unspecified uses or clarification,the Administrative Official shall make determinations.
C. Except when approved by the City Council for civic purposes,signs are considered an accessory use on
a lot. Only signs identified under section 15.20.030 are allowed on vacant lots.
D. Signs containing non-commercial speech are permitted anywhere business signs are permitted and are
subject to the same regulations applicable to such signs.
E. All signs, including signs heretofore installed,and the area around the base of each freestanding sign,
shall be constantly maintained in a state of security,safety and repair. If any sign is found not to be so
maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or
occupant of the premises on which the sign is fastened to repair or remove the sign within five days
after receiving notice from the administrative official.
F. Illumination from or upon any sign shall be shaded,shielded,directed or reduced so as to avoid glare
or reflection of light on private or public property in the surrounding area and so as to avoid distracting
pedestrians and motorists.
G. In those cases where a business or institution has frontage on more than one street,signs are allowed
on each street frontage, provided they are in conformance with applicable district regulations,and that
frontage limits are not combined.
H. The symbol,slogan or national trademark of a national brand beverage or other product that is sold on
the premises shall not comprise more than 25 percent of the total area of the sign. National brand logo
signs designed to hang in a window and not exceeding four square feet,and signs advertising products
that form the bulk of the business transaction,are exempted from this provision.
J. No sign shall be located so as to physically obstruct any door,window or exit from a building or be
hazardous to a motorist's ingress and egress from any public or private parking area.
K. Signs used seasonally are to be included in the total square footage of sign area allowed for that
district.
L. In no case shall any portion of a sign attached to a building exceed the maximum allowable building
height limit,or more than four feet above the roof line,facade or parapet height,whichever is less.
M. No sign shall exceed the roofline of a building within any historic district.
N. Freestanding signs are subject to the following limitations:
1. Maximum height of 20 feet or the height of the building,whichever is less;
2. One per parcel;
3. Only allowed within front yards or side yards which are adjacent to a street.
O. No readerboard sign may exceed 32 square feet per side;changeable letters of such signs must be
adequately secured against wind loss,and each readerboard sign must be one of the following:
1. A wall sign;
2. A marquee sign;
Created: 2022-12-16 15:15:58 [EST]
(Supp.No.25-1,Update 3)
29
3. A freestanding sign within a structural framework.
P. Except in the central business district(CBD)zone and along the west side of Fourth Avenue between
North and South Harbor Streets, no sign,except temporary street banners,shall project into the
airspace above any right-of-way or sidewalk.
Q. Projecting signs(fin or right angle signs)are subject to the following limitations:
1. One per pedestrian entrance;
2. Maximum height of 20 feet or the height of the building,whichever is less;
3. Shall not extend over a public sidewalk in excess of the width of the sidewalk;
4. Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet.
(Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010;Ord. No. 2019-002,§ 1, 1-28-2019)
Created: 2022-12-16 15:15:58 [EST]
(Supp.No.25-1,Update 3)
30
15.20.040 Sign standards by zoning district which require permits.
All signs, except those specifically allowed without permits,shall be calculated in determining the total
square footage of sign area on a parcel.
A. Residential districts. Only the following types of signs shall be permitted in the residential zoning
districts, except as provided for otherwise within this chapter and zoning code. Illumination of these
signs shall be limited to indirect lighting.
1. Signage for churches, public and quasi-public institutions, including schools and municipal
buildings may erect for their own use:
a. One identification sign not exceeding 20 square feet in area;
b. One announcement sign or bulletin board not exceeding 20 square feet in area;
C. The height of any freestanding signs shall not exceed eight feet.
2. Multiple family(two-to four-unit) dwellings are allowed one sign identifying the premises, not
exceeding six square feet in area,and five feet in height if freestanding.
3. Multiple family dwellings of five units or more may have one sign, not exceeding 20 square feet
in area and if freestanding, not exceeding eight feet in height.
B. Office residential,auto commercial,and industrial districts.
1. For any permitted residential use,signs for such use shall conform to the requirements in
subsection A. of this section.
2. For all permitted uses,or legal nonconforming uses,the combined square footage of signs shall
not exceed one square foot per lineal foot of property street frontage,to a maximum of 200
square feet per parcel.
3. Signage is not allowed within side yards or attached to sides of buildings which front side yard
areas,except in cases of multiple frontage lots where a side property line fronts an alley.
4. Signage fronting alleys is limited to one identification sign, not exceeding two square feet, unless
a business has a customer entrance on the alley. If a business has a customer entrance on the
alley, up to 25 percent of the property's total allowed signage may be reallocated,as a wall sign
only,to front the alley.
5. Freestanding, projecting and marquee signs, if internally illuminated,shall not exceed 32 square
feet in area per side; otherwise,a maximum of 50 square feet per side is allowed (see
subsections 15.20.025L. or O.for freestanding or projecting sign limitations).
C. Central business district. For all permitted or legal nonconforming uses,the following limitations shall
apply:
1. Combined square footage of signs shall not exceed two square feet per lineal foot of street
frontage to a maximum of 200 square feet per parcel.
2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot
at the discretion of the property owner.
3. Freestanding signs, if internally illuminated,shall not exceed 32 square feet in area;otherwise,a
maximum of 50 square feet is allowed (see section 15.20.025L.for freestanding sign limitations).
4. Marquee or projecting signs,which project over a public right-of-way may not extend farther
toward the street than the marquee or the width of the sidewalk and may not exceed 25 square
31
feet in area (see section(s) 15.20.030K.for under-marquee signs, 15.20.0250. for projecting
signs).
D. Harbor commercial district.
1. The following property frontages may be combined at one square foot per lineal foot of frontage
to maximum of 200 square feet of signage per parcel:
a. A street;
b. The harbor basin;
C. The public boardwalk;
d. Where a building faces toward a street but does not abut it; or
e. A public parking lot.
2. At the discretion of the property owner,any portion of a property's total allowed signage may be
allocated to the sides or rear of the lot not fronting 1.a.—e., above so long as it does not exceed
one square foot per lineal foot of that property line.
3. Freestanding, projecting and marquee signs, if internally illuminated,shall not exceed 32 square
feet in area per side; otherwise,a maximum of 50 square feet per side is allowed (see section
15.20.025L.for freestanding sign limitations).
4. Marquee or projecting signs,which project over a public right-of-way may not extend farther
toward the street than the marquee or the width of the sidewalk and may not exceed 25 square
feet in area (see section 15.20.030K.,for under-marquee signs,and section 15.20.0250.,for
projecting signs.)
E. Institutional, park and resource management districts.
1. Signs for any permitted commercial and industrial uses shall conform to the requirements in
subsection B. herein.
2. Signs for all other permitted uses,or legal nonconforming uses,are subject to the following
limitations:
a. One permanent identification sign is permitted for each premises.The area of the sign shall
not exceed one square foot for each lineal foot of street frontage, provided no such sign
shall exceed 40 square feet;
b. No sign shall exceed eight feet in height;and
C. Illumination for institutional facilities shall be restricted to indirect lighting.
(Ord. 98-02;Ord. 99-16, §5, 1999;Ord. No. 2010-007, § 1, 10-25-2010)
32
15.20.035 Prohibited signs.
Unless otherwise and specifically authorized,the following signs are prohibited in all districts:
A. Any sign contrary to the provisions of this chapter;
B. Signs within any sight distance triangle or right-of-way, unless otherwise authorized;
C. Signs attached to,or placed on,vehicles or trailers which are parked or located for the primary purpose
of displaying said sign (see also signs allowed without permits—vehicles with signs used in the normal
course of business);
D. Off-premises signs and/or billboards except the posting of temporary signs relating to civic events
subject to the limitations of this chapter;
E. Snipe signs;
F. Portable signs,except sandwich boards provided that they do not exceed ten square feet per side and
are located entirely on private property;
G. Signs which interfere with radio and television reception;
H. Flashing and animated signs;except time and temperature; and except open signs placed inside a
window;
I. Any sign with incandescent lamp bulbs exposed to view,with or without internal or external reflectors;
not to include neon signs as allowed in other sections of title 15;
J. Banners,clusters of flags, pennants, ribbons,streamers, balloons or bubble machines,except as
allowed under section 15.20.030R.;
K. Suspended strings of lights,spinners;twirlers or propellers;flashing, rotating(except barber poles)or
blinking light; beacons; chasing or scintillating lights;flares,or signs containing elements creating
sound;
L. Abandoned signs or sign structures;
M. Signs imitating or resembling a traffic-control sign,signal or device,or the light of an emergency
vehicle;or which obstructs the visibility of any traffic or street sign or signal device;
N. Projecting signs and freestanding signs fronting alleyways;
O. Signs advertising a home occupation.
(Ord. 98-02;Ord. No. 2010-007, § 1, 10-25-2010)
33
15.20.050 Nonconforming signs.
The intent of this section is to permit the continuance of nonconforming signs until such time as they are
removed, but not to encourage their perpetuation or expansion.
A. Nonconforming signs are allowed to continue,subject to the following:
1. Shall not be used as grounds for adding additional nonconforming signs;
2. Shall not be structurally altered so as to change the shape,size or type of the sign,or be
relocated,except into conformance with this Code;
3. Shall not be allowed to remain after the activity, business or use to which it relates has been
discontinued; and
4. Must be removed if damaged in such a manner that the estimated expense of repair exceeds 50
percent of its replacement value.
B. Nothing in this section shall relieve the owner or user of a nonconforming sign,or owner of the
property on which the nonconforming sign is located,from the provisions of this Code regarding the
safety, maintenance and repair of signs.
C. An illegal sign is any sign within the City limits which does not comply with the requirements of this
Code or previous codes at the time the sign was erected,and which is not eligible for characterization
as nonconforming.The City may immediately remove any sign located on City property or right-of-way.
(Ord. 98-02)
34
13.01.010. Obstructions on public sidewalk.
It shall be unlawful for any person to place or maintain any obstruction on, upon,across,or adjacent to,any
gutter or sidewalk in the city,which obstruction is declared to be unlawful. Canopies or roofs may be constructed
over public rights-of-way, provided that these canopies or roofs do not interfere with the use of the right-of-way
and that a permit for the construction of the canopy or roof is first obtained from the city. Any canopy or roof is
constructed and exists without liability on the part of the city and is the sole responsibility and liability of the
owner of the property to which it is attached.
(Ord.431, § 1, 1977; 1960 Code, §6.200.)
35
7.05.515 Encroachments.
A. It is the city's policy not to allow new or unauthorized encroachments into any public right-of-way, land or
easement.The city finds that: (i) neither the perpetuation of an existing encroachment beyond the
depreciable life of the structure, nor its enlargement,expansion, improvement or extension is deemed to be
in the public interest; (ii)all encroachments considered as hazardous,obstructing motorists' line of sight,
impeding emergency vehicle access,or impairing snow removal,shall be removed at the earliest available
opportunity;and (iii)all other encroachments shall eventually be removed over time.
B. The city manager may,after determining that alternatives, including but not limited to, removal of the
encroachment or vacating the right-of-way are not feasible alternatives and would not be in the public
interest,and where neither public safety nor access is impaired, issue an encroachment permit for the
depreciable life of the encroaching structure.
1. No permits may be issued for refuse container racks,towers,sheds,signs or fences;
2. The city may revoke the permit upon written notice of not less than twenty days nor more than six
months for the construction, improvement or use by the public of public street,sidewalk,and utility
projects;
3. The encroachment may not be expanded,extended, improved or enlarged;
4. Encroachment permit shall require the permittee to:
a. Pay an appropriate fee as established by City Council resolution;
b. Secure and maintain general liability insurance coverage based on appropriate minimum limits as
determined by the city's risk manager,to protect,defend and indemnify the city during the term
of the permit. The city shall be named as a certificate holder for any structure associated with a
personal use single family residence; and as an additional insured party for any structure
associated with an activity involving rentals,the sale of goods or services,or any business carried
out for profit;
C. Maintain the property in such a manner as to protect the public safety and welfare;
d. At the expiration of the agreement or permit, remove the encroachment and restore the
encroachment site to the surrounding grade leaving it in a clean,safe and stable condition;
e. Provide other assurances as deemed appropriate by the manager in order to protect the public
interest; and
f. Provide an as-built survey completed by an Alaska registered surveyor which clearly delineates all
encroaching structures.
(Ord. 98-05)
36