HomeMy WebLinkAboutORD2024-003 Amending Requirement for Mobile Vendors Sponsored by: Planning and Zoning
Introduction: January 22,2024
Public Hearing: February 12, 2024
Enactment: February 12, 2024
CITY OF SEWARD,ALASKA
ORDINANCE 2024-003
AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING
SEWARD CITY CODE 15.10.226(C)(7)—REQUIREMENTS FOR MOBILE
VENDORS
WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning
Commission by its own motion may recommend amendments to Title 15 to the City Council; and
WHEREAS, it is in the best interest of the community to periodically review and update
the City zoning code to reflect community changes and needs; and
WHEREAS, the City Clerk manages the mobile vendor permitting process and many of
the mobile vendor locations are on land managed by the Parks and Recreation department; and
WHEREAS, throughout the summer of 2023, the City Clerk received feedback from
multiple mobile vendor operators that various locations were not functioning well, and that the
requirement in City Code for mobile vendors to completely be removed from their location every
night was creating a burden on their business operation; and
WHEREAS, on November 21, 2023, the Planning and Zoning Commission held a work
session with the City Clerk and Parks and Recreation Director in attendance to discuss these
aspects of the mobile vendor program; and
WHEREAS, in reviewing the proposed new locations for the mobile vendors, the
Commission supported having a few locations in the Harbor parking lots, and one centralized
location at the Wellington pavilion pad; and
WHEREAS,the Commission felt that requiring mobile vendors to be completely removed
from their site every night was onerous, and that other code language would maintain sufficient
order and cleanliness on a mobile vendor site even if the vehicle was left set up for the duration of
the summer season; and
WHEREAS, on January 9, 2024, the Planning and Zoning Commission approved
Resolution 2024-005 recommending the City Council amend Title 15.10.226(C)(7).
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 15.10.226 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
CITY OF SEWARD,ALASKA
ORDINANCE 2024-003
Page 2 of 9
15.10.226 Land uses allowed.
A. Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the
restrictions contained therein are mandatory unless otherwise modified by this
chapter(See Table 15.10.226)
B. Lodging as defined in section 15.10.140B. 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 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. The application for an annual administrative permit shall be accompanied by a
fee established by City Council resolution. A fee will be issued for each
separate, advertised, rentable lodging unit.
3. Before any permit is issued, the applicant shall furnish evidence of the existence
of one or more policies of insurance,issued by an insurance company satisfactory
to the City,providing insurance coverage for lodging.Policies shall stipulate that
the insurer will give written notice to the City at least 30 days prior to the
cancellation,expiration, lapse or other termination of the insurance coverage.
4. Parking will be provided in accordance with section 15.10.215 of this chapter.
5. No cooking or cooking facilities are permitted in individual guest bedrooms.
6. Within principally residential districts RR, R1,R2, R3, UR 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 three.
7. Within principally residential districts R2, R3, UR, lodging in multifamily
dwellings is limited to not more than 50 percent of the dwelling units with one
of the units being the owner's principal place of residence.
8. Within commercial districts lodging within a dwelling unit is limited to the
rental of not more than five guest bedrooms regardless of building or business
ownership.
9. Within principally commercial districts OR, AC, HC, and CB, excluding the
Industrial zoning district, multifamily dwellings used for lodging purposes are
not required to be the business or property owner's principal place of residence.
The use shall be limited to not more than five dwelling units.
CITY OF SEWARD,ALASKA
ORDINANCE 2024-003
Page 3 of 9
10. The rental of individual rooms for lodging purposes is not extended to
apartment unit tenants.
11. 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. Mobile vendor as defined in section 15.10.140(B)(98) Vending (C) of this chapter
and which are allowed in accordance with table §15.10.225 are subject to the
following development requirements:
1. An application for a mobile vendor must be submitted on a form provided by
the City Clerk's office yearly with colored pictures of at least two different
angles of the unit the applicant is applying to license and a description that
includes the length and width, when in its widest configuration.
2. Mobile vendors may operate at designated locations, by permit. Policies and
procedures shall be set by resolution of the City Council.
3. The City police department has the right to close down a mobile vendor if
vending is causing or contributing to an imminent public safety hazard.
4. No mobile vending shall take place on public property between.the hours of
10:00 p.m. and 6:00 a.m. unless otherwise posted.
5. A mobile vendor may only offer, for sale, the following types of goods and
services on public property: food and/or non-alcoholic beverages; handicrafts,
artwork,jewelry or similar goods or firewood.
6. Licenses. In addition to complying with City of Seward ordinances related to
mobile vendors and applicable regulations, the owner and operator is
responsible for applying for and obtaining all other necessary licenses and
satisfying the standards of the City permit conditions.
^7 M bile . naor vehicles o arts m ,mot r main : .lace o ght o n City
puking lots.
Z 8: Mobile vendor vehicles must be self-contained when operating, except for the
required trash and or recycling receptacles, which shall be in a safe location and
in no event shall impede the free movement of automobiles or pedestrians,within
their permitted lot or space.
$ 9 Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk
when parked in spaces parallel to City sidewalks.
2 4.0: It shall be unlawful for a vendor to attract customers by hawking or physically
accosting persons.
jQ 4-1- Each mobile vendor vehicle shall provide the City with a certificate of
insurance to cover public liability in the standard amount set by City policy.
CITY OF SEWARD,ALASKA
ORDINANCE 2024-003
Page 4 of 9
Insurance policies shall stipulate that the insurer will give written notice to the City
at least 30 days prior to cancellation or other termination in coverage.
Prior to acceptance of their permit, vendors shall execute an instrument under
the terms of which the permittee shall agree to indemnify, defend, and hold
harmless the City from any and all claims for injury or damage to persons or
property suffered in connection with vendor activities.
jj.-l-2 Any mobile vendor base station shall be properly licensed.
j�4 Mobile vendors shall comply with all City code,policy and procedures. Failure
to adhere to the regulations for mobile vendors is cause for revocation or
suspension of the license/permit by the City Clerk.
a 44 Mobile vendors shall display required permits and City business license in a
prominent location on the mobile vending cart or vehicle from which the
business is conducted pursuant to the permit, so it is protected from the weather
and easily visible to the public.
D. Roving vendor as defined in section 15.10.140 B 98 (e)of this chapter and which are
allowed in accordance with table 15.10.225 are subject to the following development
requirements:
1. Roving vendors shall not vend on any public street where the legal speed limit
exceeds 25 miles per hour,or on Fourth Avenue between Port Avenue and Van
Buren Street, and also excluding that portion of Fourth and Fifth Avenues
between Jefferson Street and Railway Avenue.
2. Roving vendors shall not vend on any public street before 6:00 a.m. or after
10:00 p.m.,unless otherwise posted.
3. Roving vendors shall vend only when the vehicle is lawfully parked and
completely stopped.
4. Roving vendors shall vend on public streets from the side of the vehicle away
from moving traffic, and within one foot of the curb or edge of the street.
5. Roving vendors shall not vend or permit the vehicle to stand in one place in any
public place or street for more than 30 minutes or in front of any premises for
any time if the owner or lessee objects.
6. An application for a roving vendor vehicle must be submitted on a form provided
by the City Clerk's office yearly with colored pictures of at least two different
angles of the unit the applicant is applying to license and a description that
includes the length and width, when in its widest configuration.
7. The City police department has the right to close down or request a roving
vendor to relocate if vending is causing or contributing to an imminent public
safety hazard.
CITY OF SEWARD,ALASKA
ORDINANCE 2024-003
Page 5 of 9
8. In addition to complying with City ordinances and permit conditions related to
roving vendors, the owner and operator is responsible for applying for and
obtaining all other necessary licenses required for the service of food.The roving
vendor vehicle shall be in compliance with the motor vehicle laws of the state,
and the roving vendor vehicle owner is responsible for complying and verifying
that a specific location or route does not violate dity zoning code.
9. Roving vendors shall comply with all traffic rules.
10. Each roving vendor vehicle must provide the City with a certificate of
insurance to cover public liability in the standard amount set by City policy.
Insurance policies shall stipulate that the insurer will give written notice to the
City at least 30 days prior to cancellation or other termination in coverage.Prior
to acceptance of their permit, vendors shall execute an instrument under the
terms of which the permittee shall agree to indemnify, defend, and hold
harmless the City from any and all claims for injury or damage to persons or
property suffered in connection with vendor activities.
11. Any roving vendor base station must be properly licensed.
12. Roving vendors shall comply with City code, policy and procedures. Policies
and procedures shall be set by resolution of the City Council. Failure to adhere
to the regulations for roving vendors is cause for revocation or suspension of
license permit by the City Clerk.
13. Roving vendors shall display required permits and City business license in a
prominent location on the mobile vending cart or vehicle from which the
business is conducted pursuant to the permit, so it is protected from the weather
and easily visible to the public.
E. Transient merchants as defined in section 15.10.140B. 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 150 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 150
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
CITY OF SEWARD,ALASKA
ORDINANCE 2024-003
Page 6 of 9
case shall the allowed area 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.
F. Reserved.
G. Livestock as defined in section 15.10.140B. 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 streams.
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.
7. Chickens or rabbits are not allowed on lots with more than one dwelling unit.
H. Marijuana establishments as defined in section 15.10.140.B.53 are allowed in
accordance with table 15.10.225 of this chapter subject to the following:
1. The facility owner or operator has submitted a license application to the State
of Alaska for the corresponding type of marijuana establishment prior to
operation, and maintains a current license from the state at all times the facility
is in operation.
CITY OF SEWARD,ALASKA
ORDINANCE 2024-003
Page 7 of 9
2. Marijuana establishments shall not to be located within 500 feet of the entrance
of any building where religious ceremonies are regularly held, a correctional
facility, recreational facility or youth center licensed by the state or local
government, or within 1,000 feet of any school. The distance specified in this
subsection must be measured by the shortest pedestrian route from the public
entrance of the building in which the licensed premises would be located to the
outer parcel boundaries of the school, recreation or youth facility or to the main
public entrance of the building in which religious services are regularly held, or
the correctional facility. The burden of proof demonstrating that the facility
meets the required separation distances is the responsibility of the marijuana
establishment owner or operator.
3. In this title, standard or limited marijuana cultivation facility meeting all other
criteria in this Code and in Alaska Statutes and Administrative Codes are
classified as a Greenhouse(s)/Commercial, except that a limited marijuana
cultivation facility as an accessory use secondary to a residence may be
classified as a Home Occupation use.
4. In this title, a marijuana testing facility meeting all other criteria in this Code
and in Alaska Statutes and Administrative Codes is classified as an Office -
Business or Professional use.
5. In this title, a marijuana product manufacturing facility or a marijuana
concentrate manufacturing facility using hazardous materials in the
manufacturing process and meeting all other criteria in this Code and in Alaska
Statutes and Administrative Codes is classified as a Manufacturing-Heavy use.
Facilities not using hazardous materials in the manufacturing process are
classified as a Manufacturing,Light use.
6. In this title, a retail marijuana store meeting all other criteria in this Code and in
Alaska Statutes and Administrative Codes is classified as a Business - Retail
Sales and Service use.
I. Camping is allowed subject to the following:
1. Camping for a fee shall be allowed within the City limits only in municipal
campgrounds, as defined in section 7.15, or in private camper parks operating
under a permit, as defined in section 8.15.
2. Other than permitted camper parks, camping on privately owned lots as an
accessory use to an occupied, single family home is limited to private non-
commercial use and for no fee. Such occupancy shall be limited to one camping
unit at a time and shall be for recreational or vacationing purposes only.Camping
as provided in this section shall not occur earlier than April 15th and no later than
September 30th
CITY OF SEWARD,ALASKA
ORDINANCE 2024-003
Page 8 of 9
J. Employee Campgrounds are allowed in accordance with table 15.10.226 of
this chapter subject to the following:
1. Employee campgrounds are for established businesses with high seasonal
employment of transient workers,and are not to be construed as construction
camps. No employee campground may be open for more than 180 days per
calendar year,and may not open earlier than April 15,nor remain active later
than September 30, except by resolution of the City Council based on
specific findings that a longer term,earlier opening date and/or later closing
date is warranted because of special circumstances.
2. Camping units as described in [section] 15.10.140 are not permitted. For
the purposes of this section, a camping unit is described as a modified
camping Connex, providing living facilities for one or more persons.
3. Occupancy in an employee campground is limited to the transient workers
of that industry or business granted a conditional use permit.
4. Garbage and refuse. The requirements of section 8.15.340 shall also apply
to employee campgrounds.
5. Sanitary facilities shall be provided and include either permanent or portable
toilets on-site. If permanent facilities are constructed, they shall conform to
section 8.15.425(b). Shower facilities shall be provided and may either be
on- site in conformance with section 8.15.425(b), or provided on the job site
of the employer.
6. The requirements for spacing shall be at least ten feet clear space
between camping units. Camping units, other than those being used for
living accommodations,shall not be parked within the campground area
proper.
(Ord. 626, § 3, 1989; Ord. 633, §§ 3,4, 1990; Ord. 639, 1991; Ord. 90-2; Ord. 91-1; Ord.
91-04;Ord. 92-02; Ord. 94-11; Ord. 94-25; Ord. 95-07; Ord. 95-13; Ord. 95-17; Ord. 96-
05; Ord. 97-13; Ord. 98-09, § 4; Ord. No. 2012-002, § 1; Ord. No. 2014-004, § 1; Ord.
No. 2016-005, § 3; Ord. No. 2018-004, § 1;Ord. No. 2022-003, § 1, 1-24-2022; Ord. No.
2022-016, § 2, 1-9-2023)
Editor's note(s)—Ord. No. 2018-004, § 1, adopted § 1, 7-9-2018 renumbered §
15.10.225, to § 15.10.226, as herein set out.
Section 2.This ordinance shall take effect immediately upon adoption.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA the
12'h day of February 2024.
CITY OF SEWARD, ALASKA
ORDINANCE 2024-003
Page 9 of 9
THE CITY OF SEWARD,ALASKA
&u< p1cC ..e
Sue McClure, Mayor
AYES: Crites, Calhoon, Finch, Osenga, Wells, Barnwell, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Kris Peck
City Clerk
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Ordinance 2024-003
City Council Agenda Statement
9
Meeting Date: January 22,2024
To: City Council
Through: Kat Sorensen, City Manager
From: Courtney Bringhurst,Acting Community Development Director
Subject: Ordinance 2024-003: Amending Seward City Code 15.10.226(C)(7) —
Requirements for Mobile Vendors
Background and justification:
The City Clerk manages a mobile vendor program for the City of Seward. The program identifies
various locations on city property where mobile vendors may pay a fee to reserve the spot during
the summer months to sell food or other products.
During the 2023 operating season, the City Clerk received feedback from multiple vendors that
many of the designated locations were not ideal, and that the requirement to be completely
removed from the site every night was onerous.
On November 21, 2023, the Planning and Zoning Commission had a work session with the City
Clerk and Parks and Recreation Director in attendance to discuss this feedback from the mobile
vendor operators and evaluate how code could be updated to better support the mobile vendor
program, while still maintaining order and structure.
The Commission was in favor of striking number 7 under 15.10.226(C)which states that"Mobile
vendor vehicles or carts may not remain in place overnight or in City parking lots."
On January 9, 2024, the Planning and Zoning Commission approved Resolution 2024-005
recommending the City Council amend Seward City Code 15.10.226(C)by striking number 7.
The effect of this legislation would be to allow mobile vendors to remain set up in their designated
spot for the duration of time allowed on their mobile vendor permit for the summer season. It
would also allow the City Clerk to establish mobile vendor locations within city parking lots. City
code still requires that a mobile vendor must be self-contained within the 10'x20' site regardless
of the length of time it is set up in one location.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.1.1.1 —"Promote seasonal and year-round tourism."
3.1.1.4 — "Support private sector business, employment, and
programs."
Strategic Plan: N/A
63
Ordinance 2024-003
Other: N/A
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation(✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable
Fund Balance Information
Affected Fund(✓):
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note:amounts are unaudited
Available Fund Balance $
Finance Director Signature:
Attorney Review
e✓ Yes Attorney Signature: /s Kody P. George
Not applicable Comments:
Administration Recommendation
e✓ Adopt AM
Other:
64