HomeMy WebLinkAboutOrd2011-005 PULLED Sponsored by: Planning and Zoning Commission
PULLED Introduction Date: August 22,2011
Pulled from Agenda Date: August 22,2011
CITY OF SEWARD,ALASKA
ORDINANCE 2011-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220
DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES
ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO
CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE
PUBLIC
WHEREAS, the Planning and Zoning Commission has held numerous public work
sessions on Title 15 updates; and
WHEREAS,the 6/21/2011 public work session specifically addressed the Developments
Requirements and Development Requirements Table; and
WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the
1/25/2011 public work sessions specifically addressed 15.10.225 Land Uses Allowed and the
Land Uses Allowed Table; and
WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns
and requests of the public and promote economic growth; and
WHEREAS, it is in the public interest to maintain a city code that reflects community
needs; and
WHEREAS, at its August 2, 2011 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed City Code amendments.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code is hereby amended to read as follows:
Table15.10.220—Development Requirements Table is hereby amended as follows:
(Stril euglhs=deletions and are bold; Underline=additions and are bold Italic)
Zoning Districts Principally Residential Principally Commercial Principally
Public
RR R1 R2 R3 UR OR AC HC CB I RM INS P
Maximum Lot 30 35 35 40 40 3-5 50 100* 100 100* 30 50 10
Coverage (%) `(See 40
Note 6, next page)
L
Section 15.10.225. - Land uses allowed is hereby amended as follows:
(Stfikethreughs=deletions and are bold; Underline=additions and arc bold Italic)
CITY OF SEWARD,ALASKA
ORDINANCE 2011-005
Page 2 of 10
(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 adopted Building
Code door/window egress standards, the presence of an operable and inspected fire
extinguisher and adequate smoke detection systems, a posted evacuation plan, and
visible signs showing exit locations.
(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 and storage of equipment shall be limited to a
period not exceeding 450/00 consecutive days in a calendar year.
(2) Transient merchant facilities shall be and remain legally licensed and road ready
and shall be removed completely from the property at the end of 100 days.
(3) 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.
(4) 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
CITY OF SEWARD,ALASKA
ORDINANCE 2011-005
Page 3 of 10
of operation be less than five feet from any property line, permanent structure or other
transient merchant.
(5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the vehicle or
trailer.
(6) Any additions, including but not limited to porches, platforms and decks, shall be
sided or painted to match or complement the vehicle or trailer
prior to operation.
(7) Every transient merchant shall provide sufficient trash receptacles on-site and ensure
the proper disposal of all garbage collected on the site.
(8)The use of generators is prohibited.
(9) No transient merchant shall conduct business on property owned or operated by the
city except in accordance with chapter 8.10 of this Code.
(10)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, or not less than
20,000 square feet for every two small animals (excluding chickens and rabbits):
(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.
(5) Up to five chickens (hens) or rabbits are allowed in accordance with Table
15.10.225.
(6) Chicken or rabbit coops and enclosures are required and must meet a minimum
setback of 25 feet from neighboring homes.
f7) Chickens or rabbits are not allowed on lots with more than one dwelling unit.
i
CITY OF SEWARD, ALASKA
ORDINANCE 2011-005
Page 4 of 10
Table 15.10.225. - Land Uses Allowed Table is hereby amended as follows:
(Strikethroughs= deletions and are bold; Underline = additions and are bold Italic)
Districts: Principally Residential Principally Commercial Principally
Public
Uses IRR R1 R2 R3 UR OR AC HC CB I RM INS P
Accessory Building 0 0 0 0 0 0 0 0 0 0 0 0 0
Adult entertainment INTENTIONALLY
LEFT BLANK
Agency, i.e., travel, insurance, 0 0 0 Q 0
title, real estate, etc.
Agriculture 0
Airport and related services 0 C
Amusement or recreation 0 0 0
facility
Animal shelter 0 C
Antenna, personal TV, satellite 0 0 0 0 0 0 0 0 0 0 0 0
dish
Art gallery 0 0 0 Q 0
Assemblages, temporary large, P p P P PPP
i.e., circus, fair
Attraction, permanent major C C C C C
visitor
Auditorium 0 0 0
Auto repair, i.e., mechanic, C 0
glass body, upholstery
Auto service/gas station 0 0 0
Auto/RV sales and rentals 0 0 0
Boat sales 0 0 0 Q
Boat, commercial 0 0
building/fabrication
Boat, harbor/marina C C CC C
Boat, repair and maintenance 0 0 0 C
Boat, storage commercial 0 0 0 0
C
Brewpub C C
Bulk material, i.e., concrete, C C
gravel, sand, asphalt
Business, marine retail sales and 0 0 0 0 Q
service c
Business, package liquor 0 0 0
CITY OF SEWARD, ALASKA
ORDINANCE 2011-005
Page 5 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 IR3 UR OR AC HC ICB I RM INS P
Business, retail sales and service 0 0 0 0
Business, retail sales and 0
service, industrial
Campground, camper park, RV C/P C/P up C/P C/P C/P
park
Campground, employee C/P
Car/boat wash 0 0 0
Cemetery 0 C 0
Center, community/civic 0 C C
0
Center, mariner's 0 0 0 0
Center, senior or teen CC C 0 0 C C
Child care, licensed center CC 00 0 C
Child care, licensed home g g 0 C 0 0 0 0 0
H H H O
Church C CCCC C 0 Q 0 Q
Clinic, medical 0 0 0 0 0
Clubs, C 0 0 C
fraternal/lodges/social/veterans
Cluster subdivision C C C
Communications, commercial 0 Q 0 0 0 0
satellite dishes, towers, poles,
and antennas less than 3 meter
(4-5 9.8 feet) diameter or 75
feet in height
Communications, commercial g C C
satellite dishes, towers, poles, C
and antennas 3 meter (4-5 9.8
feet) diameter or greater than
75 feet in height
Correctional/prison facility CC CC
Crematory C 0
Docks/wharves, industrial cargo 0 0 C C
Dock, passenger 0 0 0 g 0
C
Drinking establishment, i.e., C C C
bar, nightclub, lounge
CITY OF SEWARD, ALASKA
ORDINANCE 2011-005
Page 6 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 IR2 IR3 UR OR AC HC CB I RM INS P
Drive-in facility- fast food, CQC CC
banking, etc. — C —
Dwelling, apartment in a 0 0 0 0 0 0
commercial building (limited to C
one unit) —
Dwelling, apartment in a 0 0 C C
commercial building (two or more units)
Dwelling, apartment, mother-in- 0 0 0 0 0 00
law or accessory
Dwelling, attached single- CC CCCC C
family, i.e., townhouse, row —
Dwelling, condominium CC CCCC C
Dwelling, detached single-family 0 0 0 0 0 00 C 0
C
Dwelling, group home 0 0 0 0 0 0111
C
Dwelling, guest house 0 0 g
C
Dwelling, multi-family (3 or CC CCCC C
more units) —
Dwelling, two-family or duplex 0 0 0 00 C 0
C
Dwelling, watchman or 0 C
caretaker —
Emergency services, pub/vol; C CCCC COC 00 C 0
i.e., fire, ambulance, rescue —
Financial institution, i.e., bank, C 0 0
SELL
Flea market, open air retail C C C
other than occasional —
Fuels, bulk storage and sales C
Golf course 0 0 C
Golf driving range 0 0 0 0 C
Greenhouse/nursery— 0 0 0
commercial
Grocery, convenience store CCCOO 0 Q
Grocery, supermarket, foodmart 0 0
CITY OF SEWARI), ALASKA
ORDINANCE 2011-005
Page 7 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses IRR R1 R2 R3 UR OR AC HC CB I RM IINS P
Health club C C 0 0 0
Home occupation 0 0 0 0 0 0 0 O O 0
Hospital C C
House rental on a nightly basis PP P P P P
Housing, bunkhouse C C C
Housing, dormitory 0 0
Housing, nursing, retirement, C C C
convalescent
Kennel, commercial, musher or INTENTIONALLY
fancier LEFT BLANK
Laundry, dry cleaning 0 C 00
Library 0 0 0 0
Livestock, Excluding P P
Chickens Et Rabbits
Livestock, Chickens & P PPPP PP P P
Rabbits
Lodging, BEtB, rooms, duplex H/P H/P H/P H/P H/P 0/P 0/P Q/p 0/P
and accessory apartment
Lodging, hostel Pp P P P P
Lodging, hotel, motel, lodge, C 0 C C
inn
Lodging, multifamily dwelling PPP P P , P
apartment
Lumber yard/building supply C 0 C
Manufacturing—noxious, heavy C
Manufacturing, light fabrication, C 0
assembly
Merchant, transient 0 0 0 0
Mobile home park C/P
Mobile home, residential, not in INTENTIONALLY
park LEFT BLANK
Mobile home sales 0 0
Mobile medical unit O O 0
Mortuary/funeral home 0 0 0
Museum C 0 0 0 0 0
CITY OF SEWARD, ALASKA
ORDINANCE 2011-005
Page 8 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR IR1 R2 R3 UR OR JAC HC CB I I RM INS P
Office, boat charter, guide 0 0 0 0 0 Q
C
Office, business or professional 0 0 0 00
Office, government/quasi- 0 0 0 00 00
government administration
Office, mobile/temporary on P PPPP PPP PP PPP
construction site
Office, home, professional 0 0 O 0 0
Parking lot Q g 0 0 0 00 0 0 0
C C
Personal services, i.e., beauty, 0 0 Q 0
shoe, tailor
Planned unit development C C C C C C
Playground, public tot lot 0 0 0 0 0 00 0 0 0 0
Railroad C C C C
Recreation, commercial indoor, 0 0 0 C
i.e., bowling, skating
Recreation, outdoor, i.e., 0 C C C
miniature golf
Recreation, shooting range C C C
Recycling center C C 0 C
Recycling, self-service drop-off 0 0 0 00 0 0 0
point
Repair service, i.e., large C C 0
appliance
Resource extraction, C C C
commercial subsurface, i.e.,
mining
Resource extraction, C C C
commercial surface, i.e., gravel
Resource extraction, C CCCC CCC CC C
commercial timber harvesting
Restaurant, food service, 0 0 0 00 C
catering
Rooming or boarding house 0/P C 0/P 0/P
O/P
Salvage—auto, wrecking, scrap, C
junkyard
CITY OF SEWARD, ALASKA
ORDINANCE 2011-005
Page 9 of 10
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 8
C
School, public/private C CCCC CC C C
elementary/secondary
School, vocational C 00 C 0 8
C
Seafood processing, i.e., C C C C
canning, rendering
Shop, i.e., welding, sheetmetal, C C 0
machine, steel fab.
Shop, i.e., wood, signs, cabinet, C C 0 C 0
upholstery
Shopping center (mall) C C
Solid waste disposal, i.e., baler, C C C
transfer, landfill
Storage, container 9 9 9 A 9 A A 9 GO g C
C CCCC CCC C C
Storage, explosives P
Storage, outdoor, yard, C 0 0 C
material/equipment
Storage, self service 0 0 0 Q
Storage, warehouse and 0 0 C 0 C
distribution
Studio, radio/television C 0 0 0 0 C
Tanks, aboveground associated C C CO
with service station
Taxidermy 0 0 0 Q 0
Terminal, i.e., bus, truck, 0 C 0 C
freight
Terminal, marine/boat 0 COOC
passenger
Theater, concert, movie 0 0 0
Tool/equipment rental 0 0
Trailer temporary office C CCCC CC C C C
Temporary Structure
Utility facility, public electric, C CCCC COO 0 0 0 0
water, sewer, etc.
CITY OF SEWARD, ALASKA
ORDINANCE 2011-005
Page 10 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 IUR OR AC HC CB I RM INS , P
Vehicle impound lot 0 0
Vending machine repair, storage C C
0 0
Veterinary hospital C C C
Wind Energy Conversion Systems 0 0 0 0 0 0 0 0 0 0 0 0 0
(WECS)
Section 2. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12th
day of September 2011.
THE CITY OF SEWARD, ALASKA
PULLED
Willard Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)