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HomeMy WebLinkAbout01232024 Planning & Zoning Work Session Packet Planning & Zoning Commission Work Session Packet Work Session Tuesday, January 23, 2024 Council Chambers, City Hall 6:00 p.m. The City of Seward,Alaska SEWARD PLANNING AND ZONING COMMISSION =_ WORK SESSION AGENDA January 23, 2024 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,2026 a. CUP requirements for postponed Resolution 2024-004.............4 i. Resolution 2024-004 Nathaniel Charbonneau ii. Proposed Conditions for the CUP Commissioner iii. Narrative for the Planned Unit Development Term February,2024 SeanUlman h. Sign code revisions....................................................................I S Commissioner Term February,2025 4) ADJOURNMENT Brenan Hornseth Commissioner Term February,2025 Vacant Commissioner Term February,2025 Vacant Commissioner Term February,2026 Kat Sorensen City Manager Courtney Bringhurst Acting Community Development Director Clara Brown Executive Planning Assistant Kris Peck City Clerk 2 OUTCOME GOALS FOR WORK SESSION 1) Discuss requirements for the Conditional Use Permit for the Planned Unit Development at 1303 Nash Road 2) If time permits, review sign code changes that were discussed during work sessions in 2023. BACKGROUND: Resolution 2024-004, approving a conditional use permit for a planned unit development in Mt Alice Estates Planned Unit Development, located currently at 1303 Nash Road, was postponed at the January 9th Planning and Zoning meeting. The Commission postponed the Resolution so that a work session could be held with the applicant and other interested parties to further discuss what requirements would be necessary for this conditional use permit. During 2023, the Commission held two work sessions to discuss changes to the sign code. If time permits, the Commission will continue this discussion by reviewing what changes were proposed to the sign code during 2023. 3 RESOLUTION 2024-004 CUP REQUIREMENTS FOR A PLANNED UNIT DEVELOPMENT 4 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-004 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO RESURRECTION BAY INVESTMENTS LLC TO IMPLEMENT A PLANNED UNIT DEVELOPMENT, INCLUDING THE DEVELOPMENT OF STREETS, UTILITIES, DWELLINGS, AND RESIDENTIAL DOCKS, ON LOTS 1-11 AND TRACTS B-D, MOUNT ALICE ESTATES PLANNED UNIT DEVELOPMENT, PHASE 1; WITHIN A MULTI-FAMILY RESIDENTIAL(R3) ZONING DISTRICT WHEREAS, Ken and Jonathon Lang have submitted a conditional use permit application on behalf of Resurrection Bay Investments LLC for the construction of a planned unit development on lots 1-I I and tracts B-D located within the Mount Alice Estates Planned Unit Development, Phase 1 preliminary plat; and WHEREAS,a planned unit development is"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 by individually permitted"; and WHEREAS, a planned unit development is allowed in a multi-family(R3) zoning district with an approved conditional use permit; and WHEREAS, access to city water and sewer are not within reasonable distance to this subdivision; and WHEREAS, a conditional use permit for a planned unit development has been required in order to allow the developer to install private wells and septic on each lot; and WHEREAS, the road within the planned unit development will be gated and privately maintained; and WHEREAS, all utility and infrastructure development with the planned unit development will abide by the requirements detailed in the subdivision agreement; and WHEREAS,the developer has requested permission to construct private,residential docks in the tidelands to the west of the planned unit development; and WHEREAS,private,residential docks are not currently listed within the land uses allowed table within code and would thus require a conditional use permit; and 5 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 WHEREAS, a planned unit development may include "other site features and improvements some of which may not otherwise be individually permitted." WHEREAS, this CUP would allow the construction of private, residential docks in accordance with the requirements outlined in this CUP as well as any other requirements by local, state or national authorities; and WHEREAS, city staff have met multiple times to discuss this project, and have provided input on what should be required in order to ensure that the development meets city code; and WHEREAS, the applicant has complied with all the public hearing requirements of Seward city code §15.01.040. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission,that: Section 1.According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: According to the Land Use Allowed Table, §15.10.226, a planned unit development is allowed within a multi-family (R3) zoning district with an approved conditional use permit. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The proposed use is congruent to the surrounding land uses. Currently the land is vacant and offers very little value to the adjoining properties except in its potential to be developed. The proposed construction on this parcel will add value to the adjoining properties by providing additional residences to the City of Seward, and encouraging the further development of the land to the north and south. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) Seward Comprehensive Plan (approved by Council,May 30, 2017) Vol 1, Chapter 3.2.1 —Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values. Vol 1, Chapter 3.2.1.2—Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations 6 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 Vol 1, Chapter 3.3.1 —Encourage development of new housing in Seward Vol 1, Chapter 3.3.L I — Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan (1999) "Develop infrastructure expansion plans for currently undeveloped residential and commercial property" (Page 5 & 10). "Encourage construction of residential and seasonal housing at all market levels" (Page 9) D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met.All public services and facilities will be installed according to requirements established in a subdivision agreement that will be signed by the developer. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. All construction will require a building permit and will abide by International Fire Code and International Building Code. Access to the private, gated community will be granted to the Police and Fire Chief in order to provide emergency services in a timely manner. All buildings will be required to install a fire suppression system to allow adequate time for occupants to evacuate a building in the case of a fire due to distance from the fire station and lack of fire hydrants within the community. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use, and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall work with the Building Official through the building permit process for the construction of all structures within the planned unit development. a. Civil engineering shall be required for the sites themselves as well as the proposed structures to be built before a building permit will be issued. 2. All buildings shall install a fire suppression system adequate for the use of the building (i.e. a residential building would require a residential grade fire suppression system). 3. The surveyor shall submit the results of the ground water testing to the City prior to the approval of a subdivision agreement. CITY OF SEWARD,ALASKA RESOLUTION 2024-004 4. The installation of all utilities, including wells and septic must comply with the requirements outlined in the subdivision agreement. 5. The individual property owners within the planned unit development will be responsible for the maintenance and upkeep of the private road. 6. Access to the gated,private road must be given to the Fire Chief and Police Chief 7. All roads shall meet borough standards for width, turnarounds, and access for emergency vehicles. 8. Construction of private, residential docks will require: a. The portion of the tidelands being used for the docks must be platted into a separate parcel. b. A lease agreement between the city and the property owners must be approved by the Harbor Master and City Council. c. A building permit must be obtained, and engineered plans for the docks must be submitted to the Building Official. d. A floodplain permit must be obtained. e. All other requirements by local, state, or national authorities must be met. 9. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented, a building permit obtained, or other definitive steps taken to begin implementation of the planned unit development. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 10. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to Resurrection Bay Investments LLC to implement a Planned Unit Development on Lots 1-11 and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1; within a multi-family residential zoning district. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320: Conditional Use Permits and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. CITY OF SEWARD,ALASKA RESOLUTION 2024-004 Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9'day of January, 2024. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 9 Conditional Use Permit Review Criteria: Title 15.10.320.D Prior to granting a conditional use permit, the use must satisfy the following conditions: 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the comprehensive plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Proposed Amendments to the PUD Conditional Use Permit: • A geotechnical soils test shall be required for each parcel. • All primary and accessory structures shall require structural engineering before a building permit can be obtained. • Change the wording for the water testing to specify `underground water testing for well feasibility' o The new#3 would read, "The surveyor shall submit the results of the underground water testing,for well feasibility to the City prior to the approval of a subdivision agreement." • Traffic study analyzing the impact of the proposed development to Nash Road • Require the gate to the private road to be setback 100' from Nash Road • All house and street lighting must be fully shielded. • Move the 30' private access easement to the beach down further south on the property. 10 Other Concerns to Discuss: • How to best protect the eagle's nest • Effect of development on salmon habit and other coastline habitat • Providing public access to the beach (public already has access to the beach regardless of any tidelands being leased or docks being built) 11 Lang & soc' tes, inc. Registered Pr sional La d Surveyors 11500 Daryl Avenue Anchorage,Alaska 515-304 a (907)522-6476 1 an surve v.co Boa t an clan surve .co� travis@langsurvey.com Mount Alice Estates Mount Alice Estates Planned Unit Development, Phase 1 09 November 2023 On behalf of Resurrection Bay Investments LLC we present you with this plan for Mount Alice Estates Planned Unit Development, Phase I. This plan asks for a subdivision, a rezone of the property, and a conditional use en rmit for a planned unit development with a private roadway. Overview The contiguously owned property is 107.2 acres bisected by Nash Road. Mount Alice Estates, Phase I is a planned unit development with 11 lots, and 3 tracts, with a private roadway tract south of Nash Road; and a � single tract, north of Nash Road, reserved for future development. There is also another 80 acres owned by Resurrection Bay Investments LLC to the north of this project that is not included in this phase of the subdivision and is reserved for a subsequent phase of development. 12 Surrounding uses The property is bordered on the east side by the Seward City Limits. The properties to the north, east, and south are all zoned Resource Management (RM) and are owned by either the State of Alaska or the City of Seward. Tidelands lay immediately west of Tract C and Lots 5 through 11. The property to the west of Tracts A& B is zoned Industrial (I). r 47 , Sewerd0tyLimits x , Zoning0rhir e Rural Residential Single Family Residentia4 Two Fam7iy Resldental Mult;Family Residential '- m •`'. L Urban Residential ✓' Office Res dental or i Harbor Commercial THIS Ix f Auto Commercial PROJECT a - Central Business D strict Industral I nstitutiona I : Park Resource Management Rezone Through this action we propose to rezone the property from Resource Management(RM) to Multi- family Residential District(R3). R3 is "intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects." Seward Code 15.05.025.13.4—Multi-family residential district(R3). The portion being rezoned is approximately 30.90 Acres (exclusive of the proposed road), and the property is currently zoned Resource Management, "Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information..." (15.05.025.13.13). Page 2 of 5 13 Subdivision The proposed subdivision is 11 lots, 4 tracts, and 1 private roadway tract. Tract A is reserved for future development. Tract B is intended for a residential condominium. Tracts C and D could be developed as condominiums or as apartments \ or other larger residential Trout A structures. Lots 1 through 11 are intended for residential use. Eagle Run Circle will be an access Tract e tract, owned and maintained by the m"" LM t home owner's association of the proposed Planned Unit Lot t t Lot Z Development. et,,a, , Baas+.�. Lot 10 n .eeu All lots south of Nash Road are Lot 9 intended to have water access. '°.'n . Lot Lot 4 Conditional Use Permit Lat , The conditional use permit for a Tract o Lot 4 Planned Unit Development will allow a gated private road for .m, Mount Alice Estates Planned Unit Development. Tract C The conditional use permit will allow for a private boat launch and private docks along the more than 2900 feet of tideland frontage along Resurrection Bay, to be coordinated with the Seward Harbormaster. Seward Code 15.10.130— Unlisted Uses states "Unlisted uses may be allowed within a district upon Page 3 of 5 14 written decision by the commission provided that each unlisted use meets all the following conditions: 1. The use is not specifically permitted in any other district; 2. The use is not more appropriate in another district; and 3. The use is consistent with the purpose of the district in question, and is similar to other uses permitted outright." Private residential docks are not addressed by Seward Code. Docks are allowed in Harbor Commercial but the industrial intent of that zoning district conflicts with the residential neighborhood proposed. The use is consistent with the purpose of Residential Multi-family but is not a specific use within the ordinance. The developers will be constructing the required improvements but the intention, through the planned unit development, is for the roadway to be private. The roadway will be built to city specifications as required by code but will not be dedicated as public right-of-way. Private Water and Septic Systems Tile 14 explicitly states "The city shall provide water service within the city limits (14.10.010)". The property falls within the city limits. The nearest city water main is more than 2000 feet to the south at the Seward Marine Industrial Complex and it is impractical to extend either the city water or the sewer system to the site at this time. The intention is for each parcel to have a water well and an on-site septic system. The 2030 Comprehensive Plan Update The development's location on the outskirts of Seward does not negatively impact Seward's unique historic, small-town character. By meeting the development standards in Title 13, 14, 15, and 16 we are attaining the 2030 Plan goal of maintaining the health and safety of residents and visitors and enhancing the town's best features. The goals of the 2023 Plan noted below are either fulfilled by the proposed development or supported and encouraged for the proposed development: 2.2 Community Values 2.2.10 Land Development—the project meets the land development goals of the 2030 Plan by encouraging home ownership opportunities. 2.2.11 Economic Base—the project will provide a short term economic boost to the local economy during construction and year-round housing for the community workforce. The subdivided parcels and improvements will add to the local tax base. 2.2.12 Transportation Facilities -the project will use the exiting State of Alaska DOT&PF maintained Nash Road and the private roadway will be the responsibility of the Planned Unit Development home owner's association. Page 4 of 5 15 2.2.12.1 Traffic Management—the project will add an estimated 200 trips per day to Nash Road. The biggest impact being left turns from Eagle Run Circle on to Nash Road where subdivision residents may have to wait for southeast bound traffic. 2.12.12.3 Road construction—the private roadway will be maintained by the Mount Alice Estates home owner's association and will not be a burden to taxpayers. 3.1 Economic Development 3.1.1.2 Update and expand infrastructure—while this section of the 2030 Plan is focused on commercial and industrial uses, the development of Mount Alice Estates will allow small scale marine related home businesses (example: a community resident charter boat captain that stores his boat at home at Mount Alice Estates Planned Unit Development). 3.2 Land Use 3.2.1 Promote residential development 3.2.1.2 Expand the opportunities for affordable, diverse, year-round housingthrough hrough appropriate land use regulations. 3.3 Housing 3.3.1 Encourage development of new housing in Seward. 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age rg oups. 3.5 Port and Harbor Development 3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation management plans. The proposed private docks and boat launch supports this goal. 3.9 Quality of Life 3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection BaX The proposed development does not significantly impact to the slopes of Mt. Alice. 3.9.2.3 Preserve the quiet of residential neighborhoods. Conclusion For the reasons illustrated above, we respectfully ask that the requests for the subdivision and conditional use permit for Mount Alice Estates Planned Unit Development, Phase I be granted as well as the variance requested for the private street. We also ask that the property be rezoned to Multi-family Residential District(R3). Page 5 of 5 16 a 95 .Tn m UNSUBDMDEO _ ^ g AO 3�H y I PRNATE UJi0 v o 3Ln i$ ©' PORTION OF T o Q COJENNMEM IN 3 ';1 w N aqr � o w s n Tract A 'g a Nq a PORTON OF 9 GMRNMEW LOT 3, r Z a3,193 a.f. 30' PRIVATE r" ( ACCESS EASEMENT �r Lcf 2Ilr Lot 1 1 r" ea.s3a.N � Z a B Q 45.fi23 .t.n `I\ N Lot 9 150 013 ar,�.. / y UNSUBDMDED o a �� BOG , L -4' o �d \ STATE IAND 0' LOf 4 O / s �r 71,142_.b MEAN HIGH WATE 019•100;�L} Bw �\ Tract O zae,DJz s.f. ps 40,001 a.f. z w 5 G Lot 5 R Traot C —"2J s.f. 5 1 •'�3z21: � 8 $ '�°g3e3j Ott ky: y c 111 ,s a c iy5 z o o a a-cl a 3 0 f ?m � to m t o s 3 s 7 m E 'er 'N p 5; O ?m ._gam a°o mane a; J�' 3 F Y Sze z rT ic-YI��cGD ur -- 4 a�Q�� gogg�i`''�m N o D .� n taga o I aka z v �3 SIGN CODE REVISIONS ib 18 Chapter 15.20.Signs Chapter 15.20. Signs 15.20.010 Purpose and scope. It is the purpose of this chapter to promote: A. The protection of the health, safety, property and welfare of the citizens of Seward,and aesthetics of the community; B. Commercial and civic communications that accommodate the need of the community to convey information to the public; C. The protection and enhancement of the historic charm and natural beauty, and the visual character and identity of the community, by the thoughtful placement and design of signs; D. Flexibility and incentive for creative and innovative sign designs; E. The proper maintenance of signs;and F. Consistency with the goals and objectives of the Seward Comprehensive Plan. (Ord.98-02) 15.20.015 Definitions. For purposes of this section,the following definitions pertaining to signs shall apply: Abandoned sign.A sign or sign structure which no longer identifies or advertises a bona fide business, lessor, service, owner, product,or activity,and/or for which no legal owner can be found. Animated sign.Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. Awning or canopy(marquee).A permanent roof-like structure protecting beyond a building wall at an entrance to a building,or extending along and prolectinq beyond the building's wall,and generally designed to provide protection against the weather. Awning sign.A sign that is a part of or attached to an awning,canopy or marquee. Seward,Alaska,Code of Ordinances Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 1 of 18 19 BBB BBB BBB BBB BBB BBB MG qT6N CANOPY SIGN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑❑ -E1 1111 11111n[IEE] ❑0 0 Ell0 0 0 0 €3r AN. a atradehousei a •ei li; Banner.A temporary sign made of fabric or similar nonrigid material with no enclosing framework,but secured to a solid structure at all four corners.Flags as defined by this Chapter shall not be considered banners. Banners Building marker.Any sign indicating the name of a building and date and incidental information about its construction,which sign is cut into a masonry surface or made of bronze or other permanent material. Construction sign.A temporary sign identifying an architect,contractor,subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Directional sign.A sign containing no advertising,and designed to direct, inform or guide pedestrian or vehicular traffic to a location, place or convenience parking, drive through window, restrooms. Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 2 of 18 20 Electrical sign.A sign lit or put in motion by means of electrical power. Facade(false front).A false, superficial or artificial facing on a building,given special architectural treatment. It may or may not be part of the structural wall. Feather sign.A generally narrow vertical temporary sign where the sign is mounted onto a pole or individual mounting device with the intent of utilizing natural or man-made air movement. Feather signs Prohibited Flag.A small piece of cloth or similar material,attached at one edge to a pole and used as the symbol or emblem of a country or institution,or as a marker or signal. Flashing sign.A sign which contains an intermittent or sequential flashing light source. Freestanding sign (pole, monument or ground sign).A permanently mounted, self-supporting sign supported from the ground by means of poles,standards,or any other type of base. Illuminated sign.A sign illuminated in any manner by an artificial light source. Incidental sign.A sign,emblem, or decal informing the public of goods,facilities,or services available on the premises,e.g.,a credit card sign or sign indicating hours of business. Identification sign.A nonelectric sign limited to the name,address and/or occupation of an occupant or group of occupants. Indirect illumination. Use of lights which are shielded from public view,to indirectly project illumination onto a sign which is, itself, not internally lit. Inflatable Sign.A temporary sign filled by air or other gas and designed to be tethered to the ground. entFanee te a building, er extending aleng and pFejeeting beyend the building's wall, and geneFally designed te Nameplate.A nonelectric sign limited to the name and address of an occupant or group of occupants. Nonconforming sign.Any sign which was legally erected, but does not now conform to the regulations of this chapter. Off-premises sign (billboard).A sign or structure which advertises a business, person, product, activity or service not on or offered on the property on which subject sign is located, also known as a billboard, off-site,or outdoor advertising sign. Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 3 of 18 21 On-premises sign.A sign which pertains to the use of the premises on which it is located. Parapet.The extension of a false front or wall above a building roofline. Point of purchase display.Advertising of a retail item accompanying its display,e.g.,an advertisement on a product dispenser. Political sign.A temporary sign used for the purpose of advertising, promoting or endorsing a political candidate, party initiative, issue, referendum or ballot proposition. Portable sign.A sign that is not attached to any building or structure. It may readily be picked up and moved from one location or another. It may be with or without its own wheels. Portable Signs Allowable *on private property *maximum 10 sgft Must have weighted base y Projecting sign (fin or right angle sign).A sign affixed to any building or structure,the edges of which extend perpendicularly beyond such building wall. Readerboard sign (bulletin board).A sign face consisting of tracks to hold readily changeable letters,allowing frequent changes of copy. Real estate sign.A temporary sign which is used to offer for sale, lease,or rent the property upon which the sign is placed. (Note:cross reference deleted since none of the other temporary signs(political,construction) in this chapter contained the cross reference) Roof sign.Any sign erected over or on the roof of a building. ROOF SIGN 4' Maximum ROOF SIGN 00 0 00 0 Front elevation Side Section Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 4 of 18 22 Roofline. Either the edge of the roof which is the junction of the roof and the perimeter wall of the structure, or the peak or ridge line,whichever forms the line of the building silhouette. Si&n.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. Sign area.The area of all lettering,wording,and accompanying designs and symbols,together with the background on which they are displayed, but excluding any supporting framework and bracing which are solely incidental to the display itself provided the same do not contain any lettering,wording, designs,or symbols.When two identical signs faces are placed back-to-back,so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure, only one side shall be considered for the purpose of calculating total sign area. Sign height.The vertical distance between the highest part of the sign or its supporting structure,whichever is higher,and a level plane going through the nearest point of the improved public right-of-way,other than an alley. In the event a sign is equidistant from more than one improved public right-of-way, none of which are alleys, the highest point shall be used. Sign,sandwich board (also V-shaped).Signs erected upon common or separate structures which present a V- shape appearance and having an exterior angle between faces of not more than 45 degrees with a distance between faces of such signs at their closest point not exceeding two feet. Sign structure.A structure which supports or is capable of supporting any sign as defined in this code.A sign structure may be a single pole or poles and may or may not be an integral part of a building. If a "support" is "internally or decoratively illuminated,"then it is counted as a sign and must conform to this chapter. Snipe sign.A temporary or portable sign illegally placed in the public right-of-way or on a property that is not the site of the business or event. These may include signs stuck in the ground, or pesteF affixed to a tree, fence, utility pole or any other object. Special events sign.Signs that announce a civic,cultural orcommunity, event. Street frontage.The length of a property line that borders a public right-of-way which provides the principal means of access.Alleys, public parking lots,emergency access and/or pedestrian easements are not generally considered as public rights-of-way for purposes of this definition. Suspended sign.A sign that is suspended beneath a canopy,ceiling, roof, or marquee. SUSPENDED SIGN Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 5 of 18 23 Temporary sign.Any sign, ,not permanently fixed and intended to be displayed for a short period of time only. Traffic sign (safety sign).A sign which functions primarily to provide for the efficient,safe and orderly flow of traffic. Wall sign.A sign painted, mounted or otherwise affixed to the wall of a building or structure, parallel to the building, and confined to the limits of outside wall,which includes windows and doors. WALL SIGN 0 0 0 0 0 Window sign.All signs located inside and affixed to or within three feet of windows of a building,whether temporary or permanent, lighted or unlighted,which may be viewed from the exterior of the building.The term does not include merchandise. (Ord.98-02;Ord. 99-16, §5, 1999;Ord. No. 2010-007, § 1, 10-25-2010;Ord. No. 2019-002, § 1, 1-28-2019) 15.20.020 Administration and enforcement. A. Except as provided herein, it shall be unlawful to display, erect, relocate or alter any sign without the property owner first filing with the Administrative Official, as defined under section 15.01.015,a written application and obtaining a sign permit. B. When a sign permit is issued by the Administrative Official, it shall be unlawful to change, modify,alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Administrative Official.A written record of such approval shall be entered upon the original permit application and maintained in the files of the Administrative Official. C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months of its issuance. Before such work can be recommenced,a new permit to do so shall first be obtained, and the fee shall be one-half the amount required for a new permit. D. Fees shall be set by resolution of the City Council. E. The Administrative Official reserves the right to issue abatement letters and to impose fines as established in Chapter 15.01.050 and Chapter 1.05 for any violations to the requirements of this chapter. E. Issuance of a certificate of occupancy for each new facility using a sign for identification or advertising shall be contingent upon approval of a sign permit. F. Exceptions: 1. Painting, repainting or cleaning of a sign or the changing of copy or message thereon shall not be considered an erection or alteration which requires a sign permit, unless structural change is made. 2. Other specific exceptions are listed under signs allowed without permits. Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 6 of 18 24 (Ord.98-02;Ord. No. 2019-002, § 1, 1-28-2019) 15.20.021 Measurement standards. The following regulations shall control the computation and measurement of sign area and sign height: A. The sign area shall include the face of all the display area(s),the sign frame,the structural support,and any attendant construction of the sign, except as follows: 1. Structural support that is located below the sign face area and its accompanying frame, does not contain a message other than the street number in conformance with 12.01.020,and is clearly distinguishable from the sign face area,shall not be considered sign area. Sign Area Sign Area Sign Area - - I FREESTANDING POLE SIGN SIGN MONUMENT ---- ---- SIGN . ------------- ------_______ B. For a sign that is framed, outlined, painted,or otherwise prepared and intended to provide a background for a sign display,the area of the sign shall be the area of not more than three geometric shapes that encompass the entire area of the sign including the background or frame. 46 44W Sign Area 1 1 I _ 1 I 1 �^ 1 1 I 1 1 n 1 Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 7 of 18 25 C. For a sign comprised of individual letters,figures,or elements on a wall or similar surface of a building or structure,or an irregular shaped freestanding sign,the area of the sign shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display. n � - Sign Area 0 o a o 0 D. For freestanding and projecting signs the sign area shall be computed by the measurement of one of the faces when two display faces are joined,are parallel,or are within 30 degrees of being parallel to each other and are part of the same sign structure. For any sign that has two display surfaces that do not comply with the above regulation, or has more than two display surfaces,then each surface shall be included when determining the area of the sign. One Sign Area Parallel Sign Face \ K Less than 30 degrees Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 8 of 18 26 Two Sign Areas (Front View) (Side View) Marquee Sign IMarquee Sign 0 0 0 0 0 0 Sign Area z z N CJ l7 i W N i p Sign Area a A,�SUSPENDED', SIGN Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 9 of 18 27 E. The height of a freestanding sign shall be measured from the elevation of the edge of the public right- of-way immediately adjacent to,or nearest the sign structure,to the highest point of the sign, its frame,or decorative features. MONUMENT Height SIGN POLE SIGN Height (Ord. No. 2019-002, § 1, 1-28-2019) 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 faded,frayed,e+4 insecurely fastened or otherwise dangerous, it shall be the duty of Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 10 of 18 28 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. 0. 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; 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. Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 11 of 18 29 20'maximum height z H H Z V H W M m V) a SUSPENDED SIGN H E c :3 � E E c 00 E 00 Emma (Ord.98-02;Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.030 Signs allowed without permits. The following signs are not subject to a permit requirement if the following standards are met.They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any building or parcel. If a proposed sign exceeds the limits of this section,a sign permit must be obtained and the signage must count toward the total allowed signage for the building or parcel. A. Nameplates not exceeding two square feet and building markers; B. Standard flags and insignia of government, religious,civic,charitable,educational or philanthropic groups which can, in no way,be construed as advertising; C. Signs identifying the historic name of a building, provided that such name is approved by the historic preservation commission and the sign does not exceed 20 square feet in size; D. Legal notices,traffic signs, information signs, historic signs or directional signs erected by government bodies and signs required by law; E. Directional signs not exceeding six square feet(directional signs contain no advertising); F. Signs advertising subdivision tract developments of two or more acres, not exceeding 32 square feet and limited to one such sign per street frontage; Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 12 of 18 30 G. Incidental signs not exceeding four square feet each; H. Notices and warning signs of not more than two square feet each in area, i.e.,vacancy, no trespassing, beware of dog; I. Point of purchase advertising displays; J. Structure or improvements intended for a separate use,such as, donation containers, product dispensers,trash receptacles or recycling boxes; K. Suspended signs provided they do not extend farther from the building facade than the marquee or canopy to which they are attached,do not exceed four square feet in area, and maintain a clear distance of eight feet between the sidewalk and the sign bottom.One sign per pedestrian entrance; L. Signs or scoreboards on athletic fields intended for on-premises viewing; M. Fuel price signs not exceeding 20 square feet per sign face,with one sign allowed per abutting street right-of-way; N. Two-sided or three-sided signs mounted on the roof of a vehicle for hire(as defined in section 8.20.010) not exceeding 14 inches in height and 39 inches in length on each side;signs on the side of said vehicle not exceeding four square feet;or a sign mounted between the bumper and the lowest level of the rear window, not exceeding 18 inches by 36 inches; 0. Signs on vehicles, primarily and actively used for business purposes,which identify the firm or its principal product(see also section 15.20.035C.); P. Wall and freestanding murals which are purely decorative in nature and content,and do not include advertising by picture or verbal message; Q. Signs painted on or placed inside windows, as long as they do not extend beyond the first story of the building and do not block any opening required for entrance or exit from buildings; R. Temporary signs may be posted for not more than 30 days;n a 190 day time prce '. 1. One temporary sign is allowed per property if non-commercial residential,and one for each business in commercial districts; 2. Temporary signs may include banners and portable signs as specified in 15.20.035F,f pennants; Portable Signs Allowable *on private property *maximum 10 sqft Must have weighted base 1 3. Temporary signs may not exceed 12 square feet in residential areas and 32 square feet in commercial or industrial districts; 4. Temporary signs referencing a date or event must be removed within ten days following the date or event; 5. Special noncommercial event signs may be erected two weeks prior to the event. Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 13 of 18 31 6. Feather signs may be allowed by mobile vendors during specific scheduled community events as determined and approved by City administration,such as the Mermaid Festival and Fourth of My. Z. Temporary signs posted on City property require approval by the City Manager. S. Political signs not more than six square feet per sign in residential districts and 32 square feet per sign in commercial districts may be displayed no earlier than 30 days prior to any election and shall be removed within seven days following the election; provided that signs erected for any primary election that remain relevant to the following general election may be maintained for the period between elections; Political signs Political signs (Commercial Districts) (Residential Districts) Maximum 32 square feet Maximum 6 square feet I I I I I $ Garage sale signs located at the site of the sale. (Ord.98-02;Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 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 as allowed undersection 15.20.030R(7)and subject to the limitations of this chapter; E. Snipe signs; F. Portable signs,except sandwich boards and weighted signs, provided that they do not exceed ten square feet per side and are located entirely on private property; Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 14 of 18 32 Portable Signs Allowable *on private property *maximum 10 sgft Must have weighted base 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,feathersians, pennants, ribbons,streamers, balloons or bubble machines, except as allowed under section 15.20.030R(6).; 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; 0. Signs advertising a home occupation. (Ord.98-02; Ord. No. 2010-007, § 1, 10-25-2010) 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 or internal 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; Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 15 of 18 33 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,and projecting and RgaFquee 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 0.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 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. Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 16 of 18 34 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 La.—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) 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) Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 17 of 18 35 15.20.055 Variance procedure provided. A. The commission is hereby authorized to grant special variances from the provisions of this chapter in accordance with the following restrictions: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character,the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. Each applicant for such variance shall submit a scale drawing and a color rendering of the proposed sign(s) in relation to its surroundings. 2. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: a. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property,on behalf of which the application as filed, is located; b. That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size,shape,topography, location or surroundings of the subject property,to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. 4. In granting a variance,the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest. B. Fees for sign variances shall be set by resolution of the City Council. (Ord.98-02) Created: 2023-05-24 16:26:28 [EST] (Supp. No.26-1,Update 1) Page 18 of 18 36