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HomeMy WebLinkAbout04162024 Planning & Zoning Work Session Packet Work Session Tuesday, April 16, 2024 Council Chambers, City Hall 6:00 p.m. Planning & Zoning Commission Work Session Packet The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION WORK SESSION AGENDA April 16, 2024 6:00 p.m. Council Chambers Carol Griswold Chair Term February, 2027 Brenan Hornseth Vice Chair Term February, 2025 Nathaniel Charbonneau Commissioner Term February, 2027 Vanessa Verhey Commissioner Term February, 2026 Sean Ulman Commissioner Term February, 2025 Rhonda Hubbard Commissioner Term February, 2025 Vacant Commissioner Term February, 2026 Daniel Meuninck Community Development Director Courtney Bringhurst City Planner Clara Brown Executive Planning Assistant Kris Peck City Clerk 1)CALL TO ORDER 2)STAFF COMMENTS 3)DISCUSSION ITEMS a.Sign Code ................................................................................. ..5 b.Zoning Map layout (printed version)…………………………..….48 c.Subdivision Code…………………………………………………50 4)ADJOURNMENT i) Current proposed edits to sign code......................................6 ii) Additional proposed edits to sign code...............................27 OUTCOME GOALS FOR WORK SESSION 1)Review Title 15.20 – Signs and discuss proposed additions and deletions. 2)Review the layout for the printed version of the City of Seward zoning map. 3)Review Title 16 – Subdivisions and discuss proposed additions and deletions. BACKGROUND: Sign Code The Planning and Zoning Commission has conducted work sessions on July 11 and August 15, 2023 and January 23, 2024 to review the regulations for signs in Title 15.20. Resolution 2024-007 was put on the April 2nd agenda, which recommended an Ordinance to City Council with the proposed changes to the sign code. The Commission voted to remove this Resolution from the April 2nd agenda and requested that the sign code be brought to the next work session for further discussion. Printed Zoning Map The City of Seward has an online zoning map, which is updated regularly and a resource for numerous information. However, there is a need to have a pdf version of the Seward Zoning Map that can be hung in Council Chambers, city offices, and printed by the public. For many years, the pdf version of the Seward Zoning Map has only displayed the west and east sides of city limits, leaving out the middle and outlying edges. This new proposed pdf version of the Seward Zoning Map includes all the land within city limits. It also depicts which parcels have ben rezoned and lists the corresponding Ordinances on an excel spreadsheet included on the map. This map does not change any zoning within Seward. It is only changing the layout for how the zoning map is displayed in a printed, pdf format. 3 Subdivision Code: On April 2nd the Planning and Zoning Commission briefly began reviewing and discussing edits to Title 16 – Subdivisions within Seward City Code. This work session is a continuation of that discussion. Specific additions that Commission will be discussing are the required public improvements and the regulations around those. 4 Title 15.20 - Signs 5 Sponsored: Planning and Zoning Introduction: April 15, 2024 Public Hearing: April 29, 2024 Enactment: April 29, 2024 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15.20 – SIGNS 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 Planning and Zoning Commission held work sessions on July 11, 2023, August 15, 2023, and January 23, 2024 to review the sign code and recommend changes; and WHEREAS, the regulation and use of signs has a direct impact on the feel and character of a community; and WHEREAS, various regulations within the sign code were vague or undefined, which was creating difficulty for interpretation and enforcement; and WHEREAS, Community Development had received various complaints and concerns regarding the current regulations of temporary signage and awning signs; and WHEREAS, the current sign code does not contain any graphics or figures; and WHEREAS, graphics and figures in code can greatly help to clarify the various regulations; and WHEREAS, on April 2, 2024 the Planning and Zoning Commission approved Resolution 2024-0XX recommending City Council amend Title 15.20. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.20 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 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; 6 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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 projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. Awning sign. A sign that is a part of or attached to an awning, canopy or marquee. 7 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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 National flags, state or municipal flags, or the official flag of any institution or non- commercial organization shall not be considered 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. 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. 8 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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. Marquee (canopy or awning). A permanent roof-like structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. Marquee sign. A sign that is a part of or attached to a marquee. 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. 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. 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. 9 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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. 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. Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed from or within a building or structure; or free-standing upon the site, and which is (a) visible from a public right-of-way and (b) designed to convey or direct a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization. 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. 10 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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 poster affixed to a tree, fence, or utility pole or any other object. Special events sign. Signs that announce a civic, cultural or community, unique or random 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. Temporary sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material with or without frames, intended to be displayed for a short period of time only and not permanently fixed. 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. 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 11 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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. F 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. G 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. (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. Figure 15.20.021A 12 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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. Figure 15.20.021B 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. Figure 15.20.021C 13 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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. Figure 15.20.021D Figure 15.20.021E 14 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Figure 15.20.021F 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. 15 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Figure 15.20.021G (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. 16 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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, or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the administrative official. F. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid glare or reflection of light on private or public property in the surrounding area and so as to avoid distracting pedestrians and motorists. G. In those cases where a business or institution has frontage on more than one street, signs are allowed on each street frontage, provided they are in conformance with applicable district regulations, and that frontage limits are not combined. H. The symbol, slogan or national trademark of a national brand beverage or other product that is sold on the premises shall not comprise more than 25 percent of the total area of the sign. National brand logo signs designed to hang in a window and not exceeding four square feet, and signs advertising products that form the bulk of the business transaction, are exempted from this provision. J. No sign shall be located so as to physically obstruct any door, window or exit from a building or be hazardous to a motorist's ingress and egress from any public or private parking area. K. Signs used seasonally are to be included in the total square footage of sign area allowed for that district. L. In no case shall any portion of a sign attached to a building exceed the maximum allowable building height limit, or more than four feet above the roof line, facade or parapet height, whichever is less. M. No sign shall exceed the roofline of a building within any historic district. N. Freestanding signs are subject to the following limitations: 1. Maximum height of 20 feet or the height of the building, whichever is less; 2. One per parcel; 3. Only allowed within front yards or side yards which are adjacent to a street. O. No readerboard sign may exceed 32 square feet per side; changeable letters of such signs must be adequately secured against wind loss, and each readerboard sign must be one of the following: 1. A wall sign; 2. A marquee sign; 3. A freestanding sign within a structural framework. 17 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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. Figure 15.20.025A (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; 18 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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 or the sale of property of two or more acres, not exceeding 32 square feet in commercial districts and 12 square feet in residential districts, and limited to one such sign per street frontage; 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; K.L. Signs or scoreboards on athletic fields intended for on-premises viewing; LM. Fuel price signs not exceeding 20 square feet per sign face, with one sign allowed per abutting street right-of-way; MN. 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; N.O. Signs on vehicles, primarily and actively used for business purposes, which identify the firm or its principal product (see also section 15.20.035C.); O.P. Wall and freestanding murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message; P.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; Q.R. Temporary signs may be posted for not more than 30 days in a 180 day time period. 19 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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, flags, or pennants; 3. Temporary signs may include sandwich boards and weighted portable signs, provided that they do not exceed ten square feet per side and are located entirely on private property. Figure 15.20.030A 43. Temporary signs may not exceed 12 square feet in residential areas and 32 square feet in commercial or industrial districts; 54. Temporary signs referencing a date or event must be removed within ten days following the date or event; 65. Special noncommercial event signs may be erected two weeks prior to the event. 7. 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 July. 8. Temporary signs posted on City property require approval by the City Manager. 9.5. 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; 20 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Figure 15.20.030B 6. 8 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 under section 15.20.030Q and subject to the limitations of this chapter; E. Snipe signs; F. Portable signs, except those allowed under section 15.20.030Q sandwich boards provided that they do not exceed ten square feet per side and are located entirely on private property; G. Signs which interfere with radio and television reception; H. Flashing and animated signs; except time and temperature; and except open signs placed inside a window; 21 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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, feather signs, inflatable signs, pennants, ribbons, streamers, balloons or bubble machines, except as allowed under section 15.20.030RQ.; Figure 15.20.035A K. Suspended strings of lights, spinners; twirlers or propellers; flashing, rotating (except barber poles) or blinking light; beacons; chasing or scintillating lights; flares, or signs containing elements creating sound; L. Abandoned signs or sign structures; M. Signs imitating or resembling a traffic-control sign, signal or device, or the light of an emergency vehicle; or which obstructs the visibility of any traffic or street sign or signal device; N. Projecting signs and freestanding signs fronting alleyways; O. Signs advertising a home occupation. P. Signs which emit smoke, visible particles, odors, or recorded sound. (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. 22 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 1. Signage for churches, public and quasi-public institutions, including schools and municipal buildings may erect for their own use: a. One identification sign not exceeding 20 square feet in area; b. One announcement sign or bulletin board not exceeding 20 square feet in area; c. The height of any freestanding signs shall not exceed eight feet. 2. Multiple family (two- to four-unit) dwellings are allowed one sign identifying the premises, not exceeding six square feet in area, and five feet in height if freestanding. 3. Multiple family dwellings of five units or more may have one sign, not exceeding 20 square feet in area and if freestanding, not exceeding eight feet in height. B. Office residential, auto commercial, and industrial districts. 1. For any permitted residential use, signs for such use shall conform to the requirements in subsection A. of this section. 2. For all permitted uses, or legal nonconforming uses, the combined square footage of signs shall not exceed one square foot per lineal foot of property street frontage, to a maximum of 200 square feet per parcel. 3. Signage is not allowed within side yards or attached to sides of buildings which front side yard areas, except in cases of multiple frontage lots where a side property line fronts an alley. 4. Signage fronting alleys is limited to one identification sign, not exceeding two square feet, unless a business has a customer entrance on the alley. If a business has a customer entrance on the alley, up to 25 percent of the property's total allowed signage may be reallocated, as a wall sign only, to front the alley. 5. Freestanding, and projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see subsections 15.20.025L. or N O. for freestanding or projecting sign limitations). C. Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage to a maximum of 200 square feet per parcel. 2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot at the discretion of the property owner. 3. Freestanding signs, if internally illuminated, shall not exceed 32 square feet in area; otherwise, a maximum of 50 square feet is allowed (see section 15.20.025LN. for freestanding sign limitations). 23 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 4. Marquee Awning or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee awning 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, 15.20.025OQ. for projecting signs). D. Harbor commercial district. 1. The following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200 square feet of signage per parcel: a. A street; b. The harbor basin; c. The public boardwalk; d. Where a building faces toward a street but does not abut it; or e. A public parking lot. 2. At the discretion of the property owner, any portion of a property's total allowed signage may be allocated to the sides or rear of the lot not fronting 1.a.—e., above so long as it does not exceed one square foot per lineal foot of that property line. 3. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see section 15.20.025LN. for freestanding sign limitations). 4. Marquee Awning or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee awning 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 15.20.025OQ., 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. 24 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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) 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; 25 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 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) Section 2. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the 29th day of April, 2024. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYE S: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 26 April 10, 2024 Suggested changes to the Seward City Code Chapter 15.20. Signs Submi?ed by Carol Griswold * Indicates discussion items, including different code interpretaDons and regulaDons. (IZC) references InternaDonal Zoning Code, link at bo?om. Changes include alphabeDzed lists for easier reference, addiDonal definiDons, highlighted allowed and prohibited signs, and combined measurement standards, requirements applicable to all signs, signs allowed without a permit, and prohibited signs in DefiniDons aka Illustrated Glossary for clarity and to avoid a lot of duplicaDon. Suggest a uniform labeling of graphic figures with Figure 15.20.XXXY and Dtle placed below graphic. All words should be spelled out. It ’d be great to have more figures. Seward City Code Chapter 15.20. Signs Ar8cle 1. General Provisions 15.20.010 Purpose, and Scope It is the purpose of this chapter: A. To promote and accomplish the goals, policies and objecDves of the city’s Comprehensive Plan, the Seward City Code (SCC), and specifically this Dtle, Signs; B. To provide minimum standards in order to safeguard life, health, property and public welfare, and promote traffic safety by controlling the design, quality of materials, construcDon, illuminaDon, size, locaDon and maintenance of signs and sign structures; C. To protect and enhance the historic charm, natural beauty, visual character, and idenDty of the community while promoDng the economy though the thoughZul placement and design of signs; D. To e ncourage creaDve and innovaDve approaches to signage, and signs that are of a quality design, pleasing in appearance and are appropriate in size, materials and illuminaDon to the surrounding neighborhood; E. To provide a clear and comprehensive system of reasonable, effecDve, consistent, content- neutral and nondiscriminatory sign standards and requirements which enable the fair and consistent enforcement of this chapter; F. To recognize free speech rights by regulaDng signs in a content-neutral manner; 27 G. To a ddress emerging trends in digital and electronic sign technologies and provide regulaDons that ensure the protecDon of motorists and pedestrians from the hazards of glare, startling bursts of light, and use of virtual movement and animaDon intended to a?ract driver a?enDon, hold driver gaze, or otherwise distract drivers from the safe operaDon of their vehicles; to protect neighborhoods, surrounding development, and the night sky from the nuisance factors associated with such glare, movement, and animaDon of digital and electronic signs. 15.20.015. Illustrated Glossary A. Words and terms used in this ordinance shall have the meanings given in this ArDcle. Unless expressly stated otherwise, any perDnent word or term not part of this lisDng but vital to the interpretaDon of this ordinance, shall be construed to have their legal definiDon, or in absence of a legal definiDon, their meaning as commonly accepted by pracDDoners including civil engineers, surveyors, architects, landscape architects, and planners. B. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restricDve provision shall apply. *C. Except for public signs, real estate signs, security/warning signs, scoreboard signs, and temporary civic signs posted on city property with city manager approval, signs are considered an accessory use on a lot. D. In ma?ers of unspecified uses or clarificaDon, the administraDve official shall make determinaDons. 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, or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days aber receiving noDce from the administraDve official. Green indicates ALLOWED WITHOUT A PERMIT. Also see §15.20.XXX Signs allowed without a permit. Red indicates PROHIBITED. Also see §15.20.XXX Prohibited signs. Abandoned sign. A sign or sign structure which has not idenDfied or adverDsed a current business, owner, lessor, service, product, or acDvity for at least 360 days; or for which no legal owner can be found; or that is no longer licensed or has a cerDficate of occupancy, or is no longer acDve in that locaDon; or is located on a property where no building is located or where the use of the property has been removed and there is no permi?ed use for a period of ninety (90) days; and/or is damaged, in disrepair, unmaintained, or vandalized and not repaired within ninety (90) days. 28 Address sign. A sign that designates the street number for idenDficaDon purposes, in compliance with SCC 12.01.020 Numbering of buildings. *Animated sign. A sign employing actual moDon or the illusion of moDon. Animated signs, which are different from changeable signs, as defined and regulated by this code, include the following types: A. Electrically ac8vated. Animated signs which produce the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illuminaDon capable of simulaDng movement through employment of the characterisDcs of one or both of the classificaDons noted in items 1 and 2 as follows: 1. Flashing. Animated signs or porDons of signs where the illuminaDon is characterized by a repeDDve cycle in which the period of illuminaDon is either the same or as or less than the period of nonilluminaDon. For the purposes of this ordinance, flashing will not be defined as occurring if the cyclical period between on-off phases of illuminaDon exceeds 4 seconds such as a Dme, date, or temperature sign. Does not include “open” signs placed inside a window. 2. Pa?erned illusionary movement. Animated signs or animated porDons of signs where the illuminaDon is characterized by simulated movement through alternat or sequenDal acDvaDon of various illuminated elements for the purpose of producing repeDDve light pa?erns designed to appear in some form of constant moDon. B. Environmentally ac8vated. Animated signs or devices moDvated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant signs, light-sensiDve and/or other devices or displays that respond naturally occurring external moDvaDon. C. Mechanically ac8vated. Animated signs characterized by repeDDve moDon and/or rotaDon acDvated by a mechanical system powered by electric motors or other mechanically induced means. (IZC) Includes “tube dancers”. Awning. An architectural projecDon or shelter projecDng from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporDng framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources. (See Canopy and Marquee.) Awning sign. A sign displayed on or a?ached flat against the surface or surfaces of an awning. (See Wall or fascia sign.) 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. (Graphic would be easier to understand if a ¾ view. “A wning” graphic is a canopy sign. “Canopy” graphic is an awning sign.) 29 Banner sign. A temporary sign made of a nonrigid material and a?ached to any structure, staff, pole, rope, wire, or framing which is anchored on two or more edges or at all four corners. Banners do not include Flags as defined by this Chapter. (add cap?on: banner sign) Banner, street pole: A banner suspended above a public sidewalk and a?ached to a single street pole. These signs shall not contain any commercial adverDsing. Beacon ligh8ng. Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of a?racDng a?enDon to its locaDon rather than to illuminate any parDcular sign, structure, or other object. Billboard. Any outdoor sign, display, or device used to adverDse, a?ract a?enDon, or inform and which is visible on the main-traveled way of a highway of the interstate, primary, or secondary systems in the state. See Off-premises sign. Building iden8fica8on sign. A sign bearing only the name, number(s), le?er(s), date and incidental informaDon about its construcDon, and/or symbol which idenDfies a parDcular building. The following are allowed subject to 15.20.030 Signs allowed without a permit: a. Signs not exceeding two square feet. b. Business name and address signs on an entry door that do not exceed two square feet. c. Noncommercial stone or cement plaques and cornerstones with engraved or cast text or symbols that are permanently embedded in the building’s foundaDon or masonry siding materials; provided, that none of these exceed four square feet in area. d. Signs idenDfying the historic name of a building, provided that such name is approved by the historic preservaDon commission and the sign does not exceed 20 square feet in size. e. Other building idenDficaDon signs meeDng these requirements as required pursuant to the city’s building or zoning code, public works standards, or any other city or state code, ordinance, or regulaDon. Canopy. A structure other than an awning that is supported by columns or posts affixed to the ground, and may also be connected to a building. (See Gas StaDon canopy.) Canopy sign. Any sign that is part of, or a?ached to a canopy. (See Gas StaDon canopy sign.) 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. *Changeable sign. A sign with the capability of content change by means of manual or remote input, including signs that are: 30 Electrically ac8vated. Changeable sign where the message copy or content can be changed by means of remote electrically energized on-off switching combinaDons of alphabeDc or pictographic components arranged on a display surface. IlluminaDon may be integral to the components, such as characterized by lamps or other light-emiong devices or it may be from an external light source designed to reflect off the changeable component display. See also “Electronic message center sign or center.” Manually ac8vated. Changeable sign where the message copy or content can be changed manually. Does not include a clock, or Dme, date, temperature signs. or “open” signs placed inside a window. Changeable copy sign: A sign or porDon thereof on which the copy or symbols change either automaDcally through electrical or electronic means, or manually through placement of le?ers or symbols on a panel mounted in or on a track system. The two types of changeable copy signs are manual changeable copy signs which include readerboards, and electronic changeable copy signs, which include electronic message center signs, digital display signs, and Tri -Vision Boards. Collated signage. Signage where adjacent parcels and/or businesses can locate signs on the same sign. See MulD-tenant sign. Copy. Those le?ers, numerals, figures, symbols, logos and graphic elements comprising the content of message of a sign, excluding numerals idenDfying a street address only. Construc8on sign. A temporary on-site sign idenDfying an architect, contractor, subcontractor, and/or material supplier parDcipaDng in the construcDon of the property. Digital display. The porDon of a sign message made up of internally illuminated components capable of changing the message. Digital displays may include, but are not limited to LCD, LED, or plasma displays. Direc8onal sign. A sign not exceeding six square feet and containing no adverDsing, designed to direct, inform or guide pedestrian or vehicular traffic into and out of, or within a site. *Double-faced sign. A sign with two (2) faces which are usually parallel, but may be v-shaped if the angle of v is no greater than thirty (30) degrees. *Double-faced sign. A sign with two faces, back to back. (IZC) Electric sign. A sign acDvated or illuminated by means of electrical energy. Electronic message center (EMC). A sign that is capable of displaying words, symbols, figures or images that can be electronically changed by remote or automaDc means; 31 Electronic message board. A sign, or porDon of a sign, that displays an electronic image and/or video, which may or may not include text. Such signs include any sign or porDon of a sign, that uses changing lights to form a sign message or messages and the rate of change is electronically programmed and can be modified by electronic processes. Façade (false front). A false, superficial, or arDficial facing on a building, given special architectural treatment. It may or may not be part of the structural wall. Feather sign, except for Temporary sign regula8ons and (i). Any temporary, portable, animated sign made of lightweight materials that is prone to move in the wind, and that contains a harpoon-style pole or staff that is driven into the ground or supported by means of an individual stand. This definiDon includes such signs of any shape including flu?er, bow, teardrop, rectangular, shark, and U-shaped. See Pennant. (Add cap?on and label to feather sign figure.) Flag: A sign printed or painted on cloth or similar material a?ached to a pole or staff, with the disDncDve colors, pa?erns, symbols, or emblems of government, religious, civic, charitable, educaDonal or philanthropic groups which can, in no way be construed as adverDsing; provided they conform to all provisions of this chapter for signs. *Flashing sign. See “Animated sign, electrically acDvated.” Freestanding sign. A permanently mounted, self-supporDng sign supported by structures or supports that are placed on, or anchored in, the ground; and that is independent and detached from any building or other structure. See Ground sign, and Pole sign. Freestanding signs are subject to the following limitaDons: 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. 4. The height of a freestanding sign shall be measured from the elevaDon 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 decoraDve features. Frontage. The length of the property line of any one (1) premise serving as a public street right- of-way line. In those cases where a business or insDtuDon has frontage on more than one street, signs are allowed on each street frontage, provided they are in conformance with applicable district regulaDons, and that frontage limits are not combined. *Frontage, building. The maximum linear width of a building measured in a single straight line parallel, or essenDally parallel, with the abuong public street or parking lot. *Frontage, building. The length of an exterior building wall or structure of a single premise orientated to the public way or other properDes that it faces. (IZC) 32 Gas sta8on canopy: A freestanding, open-air structure constructed for the purpose of shielding service staDon islands from the elements. Gas sta8on canopy sign: Any sign that is part of, or a?ached to, the verDcal sides of the gas staDon canopy roof structure. For the purposes of this ordinance, gas staDon canopy signs shall be considered wall signs as they are affixed to the verDcal surface of a structure. Graffi8. Any unauthorized inscripDon, word, figure, painDng, or other defacement that is wri?en, etched, scratched, sprayed, drawn, painted on or otherwise affixed to any surface of public or private property, or is otherwise deemed a public nuisance by the city council. *Hazardous signs. Any sign that consDtutes a traffic hazard or detriment to traffic safety by reason of its size, locaDon, movement, or method of illuminaDon, or by obstrucDng the vision of drivers, or by distracDng from the visibility of an official traffic control device by diverDng or tending to divert the a?enDon of drivers of moving vehicles from traffic movements on streets, roads, intersecDons, or access faciliDes. Signs imitaDng or resembling a traffic control sign, signal, or device, or the light of an emergency vehicle. Signs that interfere with, mislead, or confuse traffic. Signs erected in any sight distance triangle or right-of-way, unless otherwise authorized. Historic district: A district or zone designated by a local, state, or federal government, within which buildings, structures, and/or appurtenances are deemed important because of their associaDon with history, or because of their unique architectural style and scale. *Iden8fica8on (nameplate) sign. A sign limited to the name, address, and/or occupaDon of an occupant or group of occupants. See Address sign. Illegal sign. A sign which does not conform to the requirements and standards of this chapter and which does not meet the criteria of a nonconforming sign as defined in this secDon. Illuminated sign. A sign characterized by the use of arDficial light, either projecDng through its surface(s) (internally illuminated), or reflecDng off its surface(s) (externally illuminated.) 1. Message center signs, digital displays, and signs incorporaDng neon lighDng shall not be considered internal illuminaDon for the purposes of this ordinance. 2. IlluminaDon from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid glare or reflecDon of light on private or public property in the surrounding area and so as to avoid distracDng pedestrians and motorists. 3. Any sign with incandescent lamp bulbs exposed to view, with or without internal or external reflectors is prohibited. 4. No sign exempted from sign permit requirements may be illuminated except: a. Up-lighDng of official federal, state, borough, or city flags; and b. LighDng of official governmental signs as needed by the governmental body. 33 Impeding sign. Any sign that impedes free ingress to and egress from any door, window, or exit way required by building and fire regulaDons. Incidental sign. A sign, emblem, or decal not exceeding four square feet that displays informaDon such as the business' hours of operaDon, credit insDtuDons accepted, commercial and civic affiliaDons, and similar informaDon, or goods, faciliDes, or services available on the premises. These signs shall be informaDonal only and shall not contain a commercial message. Inflatable sign. A sign filled by air or other gas, made of flexible material which may be of various shapes, resDng on the ground or structure or tethered, and which may be equipped with a portable blower motor that provides a constant flow of air into the device. See Animated sign, mechanical. Interac8ve sign. An electronic or animated sign portable or permanent sign that reacts to the behavior or electronic signals of motor vehicle drivers, including a vehicle speed sign. Mansard. An inclined decoraDve roof-like projecDon that is a?ached to an exterior building façade. Marquee. A permanent structure, other than a roof or canopy, a?ached to, supported by, and projecDng from a building and providing protecDon from the elements. See Awning and Canopy. Marquee sign. Any sign a?ached to or supported by a marquee. 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. Memorial sign. A memorial plaque or tablet, including plaque signs up to three (3) square feet in area, including burial markers subject to Title 7.20 Cemeteries and Burials, or other remembrances of persons or events, which are not used for a commercial message. Menu sign. A permanent sign for displaying the bill of fare available at a restaurant, or other use serving food, or beverages. Message center sign. A type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text oben used for gas price display signs and athleDc scoreboards. *Fuel price signs shall not exceed 20 square feet per sign face, with one sign allowed per abuong street right-of-way, and maximum height of 20 feet or the height of the building, whichever is less. (See Freestanding sign.) Message sequencing. The spreading of one message across more than one sign structure. Mul8-Tenant Sign . A freestanding sign used to adverDse businesses that occupy a commercial building or complex with mulDple tenants. See Collated sign. 34 Monument sign. A permanent freestanding, low-profile sign with the sign width greater than the sign height and designed with a solid base and background. Mural. A large picture/image which is painted, constructed, or affixed directly onto a verDcal building wall, which may or may not contain text, logos, and/ or symbols. *Neon sign: A sign illuminated by a neon tube, or other visible light-emanaDng gas tube, that is bent to form le?ers, symbols, or other graphics; neon signs are not considered internally illuminated and are exempt from shielding regulaDons. See Illuminated signs. (“Prohibited, 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 sec?ons of ?tle 15;” There is no other men?on of neon signs in Title 15.) Nonconforming sign. Any sign which was legally erected and maintained at the effective date of this Ordinance, or amendment thereto, but does not currently comply with the regulations of this chapter. Nuisance sign. Any sign which emits smoke, visible vapors, parDculate ma?er, sound, odor, or contains open flames. Obscene sign. Any sign that, to the average person applying contemporary statewide standards, depicts or that describes a patently offensive way of sexual conduct and that lacks serious literary, arDsDc, poliDcal, or scienDfic value. Official traffic sign. Official highway route number signs, street name signs, direcDonal signs and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulaDon of traffic. Off-premise sign: An outdoor sign whose message directs a?enDon to a specific business, product, service, event or acDvity, or other commercial or noncommercial acDvity, or contains a non-commercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located, except the posDng of public signs, real estate signs, security signs, and signs on city property relaDng to civic events that are approved by the city manager. *Off-site controlled sign. Any sign that is programmed or controlled off site. On-premise sign. A sign whose message and design relate to an individual business, profession, product, service, event, point of view, or other commercial or non-commercial acDvity sold, offered, or conducted on the same property where the sign is located. *Parapet. The extension of a false front or wall above the line of the structural roof. See Façade. 35 Pennant. Triangular, swallow-tailed, or irregular piece of fabric or other material, commonly a?ached in strings or strands, or supported on small poles intended to flap in the wind. See Banner. Permanent sign. A sign a?ached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite. Personal expression sign. An on-premises non-illuminated sign that expresses an opinion, interest, posiDon, or other non-commercial message, provided they do not exceed three (3) square feet in area per side. There is no restricDon on the number per property. Point of purchase display. AdverDsing of a retail item accompanying its display, e.g. an adverDsement on a display dispenser. Pole sign. A freestanding sign that is permanently supported in a fixed locaDon by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure. See Freestanding sign. Political sign. A temporary sign used for the purpose of advertising, promoting, or endorsing a political candidate, party initiative, issue, referendum, or ballot proposition, subject to the following: *1. shall not exceed six square feet per sign in residenDal, (RR, R1, R2, R3, UR), resource management, (RM), and insDtuDonal districts, (INS); and 32 square feet per sign in commercial districts, (OR, AC, HC, CB, I); poliDcal signs are prohibited in park (P). 2. shall be displayed no earlier than 30 days prior to any elecDon. 3. shall be removed within seven days following the elecDon, provided that signs erected for any primary elecDon that remain relevant to the following general elecDon may remain for the period between elecDons and shall be removed within seven days following the general elecDon. (Poli?cal signs Figure 15.20.030B only includes commercial and residen?al districts.) Portable movable vehicle signs. Nonmotorized wheeled vehicles or motorized, wheeled vehicles containing or carrying signs that are: (1) for the primary purpose of adverDsing; (2) and/or are not permanently affixed (painted directly on the body of the vehicle or applied as a decal); (3) and/or that extend beyond the overall length, width or height of the vehicle; and (4) and/or are parked on any public street within city limits. Portable sign. Any sign not permanently attached to the ground or to a building or building surface. 36 Private drive sign. A sign indicaDng a street or drive which is not publicly owned and maintained, limited to one (1) sign per driveway entrance, not to exceed two (2) sq. b. in area. Projecting sign (fin or right-angle sign). A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee, subject to the following limitaDons: 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 verDcal distance above the nearest grade by a minimum of eight feet. *5. 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. (Why so limited in HC? No awning, canopy, marquee signs, or projec?ng signs on Fourth?) Public signs. Any sign for the control of traffic or for idenDficaDon purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicaDng danger or construcDon, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duDes. *Readerboard sign. A sign face consisting of tracks to readily hold changeable letters and symbols, allowing frequent changes of copy. (See Changeable sign.) No readerboard sign may exceed 32 square feet per side; changeable le?ers 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. *Real estate sign. A temporary sign advertising the sale, lease, or rental of the property or premises upon which the sign is placed not exceeding 12 square feet in residenDal (RR, R1, R2, R3, UR), resource management (RM), insDtuDonal (INS) districts; and 32 square feet in commercial districts (OR, AC, HC, CB), and limited to one such sign per street frontage. Reflec8ve sign. A sign containing any material or device which has the effect of intensifying reflected light. Includes address signs. Roof line. Either the edge of the roof which is the juncDon of the roof and the perimeter wall of the structure, or in the case of an extended façade or parapet, the uppermost point of said façade or parapet, or the peak or ridge line, whichever forms the line of the building silhoue?e. *Roof sign. A sign mounted on, or above a roof or parapet of a building and supported by the main roof porDon of a building, or above the uppermost edge of a parapet wall of a building, and that is wholly or parDally supported by such as building, subject to the following: 37 1. Signs mounted on mansard facades and architectural projecDons such as canopies and marquees shall not be considered to be roof signs. 2. In no case shall any porDon of a sign a?ached 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 3. No sign shall exceed the roofline of a building within any historic district. Rota8ng sign. Any sign in which the sign body or any porDon rotates, moves up and down, or any other type of acDon involving a change in posiDon of the sign body or any porDon of the sign, whether by mechanical or any other means. Excludes rotaDng barber pole signs. Sandwich board sign: A type of freestanding, portable, temporary sign targeted to pedestrians consisDng of two faces connected and hinged at the top and the distance at the base not exceeding two feet. Also known as A-frame sign. Scoreboard and signs on athle8c fields. A sign contained within an athleDc venue and intended solely to provide informaDon to the a?endees of an athleDc event. Seasonal decora8ons. Signs or displays including lighDng which are a non-permanent installaDon celebraDng naDonal, state, and local holidays, religious or cultural holidays, or other holiday seasons not exceeding four square feet each. (Also known as holiday decoraDons.) *Security and warning sign: An on-premises sign regulaDng the use of the premises. The following limitaDons shall not apply to the posDng of convenDonal “no trespassing” signs in accordance with state law: 1. ResidenDal districts. Signs not to exceed two (2) sq. b. in area. 2. Non-residenDal districts. Maximum of one (1) large sign per property, not to exceed five (5) sq. b. in area. 3. All other posted security and warning signs may not exceed two (2) sq. b. in area. Shielded. An arDficial light source from which no direct glare is visible at normal viewing angles, by virtue of its being properly aimed, oriented, and located and properly fi?ed with such devices as shields, baffles, louvers, skirts, or visors; to indirectly project illuminaDon onto a sign or flag which is not internally lit. (See Illuminated sign.) *Sign. Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentaDon or alphabeDc or pictorial symbols or representaDons, or a visual communicaDon which directs a?enDon to or is designed or intended to direct a?enDon to the sign face or to an object, product, place, acDvity, person, insDtuDon, organizaDon or business. A “sign” also includes all associated brackets, braces, supports, wires, and structures. Each display surface of a sign or sign face must be considered to be a sign. *Sign: Any device, structure, fixture, painDng, emblem, or visual that uses words, graphics, colors, illuminaDon, symbols, numbers, or le?ers for the purpose of communicaDng a message, 38 or a visual communicaDon which directs a?enDon to or is designed or intended to direct a?enDon to the sign face or to an object, product, place, acDvity, person, insDtuDon, organizaDon or business. “Sign” includes the sign faces as well as any sign supporDng structure. *Sign. Any le?er, figure, symbol, trademark, logo, word, display, descripDon, illustraDon, or representaDon intended to idenDfy any place, subject, person, firm, business, product, arDcle, merchandise, point of sale in the nature of adverDsement, announcement, message, or visual communicaDon which directs a?enDon to or is designed or intended to direct a?enDon to the sign face or to an object, product, place, acDvity, person, insDtuDon, organizaDon or business. A “sign” also includes balloons a?ached to sign structures, products, streamers, spinners, pennants, flags, inflatables or similar devices intended to a?ract a?enDon to a site or business, as well as architectural or structural forms, illuminated panels, awnings and other structural or architectural features not common to classic vernacular or noncorporate regional architecture and that are intended to convey a brand, message or otherwise adverDse a locaDon or product, whether or not such features include text or graphics and whether or not they serve other pracDcal purposes such as lighDng, covering or enclosure of persons or products. A “sign” includes any device which streams, televises or otherwise conveys electronic visual messages, pictures, videos or images, with or without sound or odors. A “sign” also includes all associated brackets, braces, supports, wires, and structures. Each display surface of a sign or sign face must be considered to be a sign. A “sign” located completely within an enclosed building or not exposed to view from a public right-of-way must not be considered a sign. *Sign area. The smallest square, rectangle, parallelogram, or circle, or sum of the combinaDon of regular geometric shapes that comprise the sign face that will enclose the extreme limits of wriDng, representaDon, logo, or any figure of similar character, together with any sign frame, background area, structural trim, or other materials or color forming an integral part of the display or used to differenDate such sign from the background against which it is placed. The sign area shall include the face of all the display area(s), the sign frame, the structural support, and any a?endant construcDon of the sign, except as follows: *1. The supports or uprights on which any such sign is supported which are solely incidental to the display itself shall not be included in determining the sign area, provided the same do not contain any le?ering, wording, designs, or symbols. *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 disDnguishable from the sign face area, shall not be considered sign area. 2. 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 enDre area of the sign including the background or frame. 3. For a sign comprised of individual le?ers, 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 39 shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display. 4. When two idenDcal signs faces are placed back-to-back, so that both faces cannot be viewed from any point at the same Dme, and when such sign faces are part of the same sign structure, only one side shall be considered for the purpose of calculaDng total sign area. 5. The area of signs with three or more faces shall be considered to be the area of the largest face or one-half the area of all of the faces, whichever is less. 6. For freestanding and projecDng 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 regulaDon, or has more than two display surfaces, then each surface shall be included when determining the area of the sign. 7. Signs used seasonally are to be included in the total square footage of sign area allowed for that district. 8. The symbol, slogan or naDonal trademark of a naDonal 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. (Sign area graphic Figure 15.20.021B shows an awning sign labeled as a canopy sign.) (Sign area graphic Figure 15.20.021C shows a very simple rectangular sign. More complex sign examples would be helpful.) (Sign area graphic Figure 15.20.021E shows “less than 30 degrees” but text says “within 30 degrees” which means “30 degrees or less”.) *Sign face. That part of the sign available for adverDsing. It includes the border and trim, but excludes the sign structure if incidental to the sign and which does not contain any adverDsing. The sign area could be smaller than the sign face. Sign height. The verDcal distance measured from the highest part of the sign or its supporDng 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 structure. A structure which supports or is capable of supporDng 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 decoraDvely illuminated," then it is counted as a sign and must conform to this chapter. Snipe sign: A sign tacked, nailed, posted, pasted, glued, or otherwise a?ached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. 40 *Special events sign. A sign that announces a noncommercial civic, cultural or community event; may be erected two weeks prior to the event. Streamers. A display made of lightweight, flexible materials, consisDng of long, narrow, wavy strips hung individually or in a series, with or without a logo or adverDsing message printed or painted on them and typically designed to move in the wind. (See Pennants) *Street frontage. The length of a property line that borders a public street or 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 definiDon. *Street Frontage: The side or sides of a lot abuong on a public street or right-of-way. (IZC) Suspended sign. A sign that is suspended beneath an awning, canopy, marquee, ceiling, or roof. *Temporary sign: A type of non-permanent sign displayed for no more than 30 consecuDve days, subject to the following requirements: a.*Temporary signs referencing a date or event must be removed within ten days following the date or event. b. *A noncommercial event allows installaDon up to two weeks prior to the event; removal shall be within seven days aber the event; c. *A commercial event allows installaDon up to one week prior to the event; removal shall be within seven days aber the event; d. *Total sign area may not exceed 12 square feet in residenDal (RR, R1, R2, R3, UR), resource management (RM), insDtuDonal (I), and park (P) districts and 32 square feet in commercial districts (OR, AC, HC, CB) or industrial (IND); e. *The total number is limited to one per property in residenDal (RR, R1, R2, R3, UR), resource management (RM), insDtuDonal (I), and park (P) districts, and one for each business in commercial districts (OR, AC, HC, CB) or industrial (IND); f. *Sandwich boards, weighted portable signs and yard signs are allowed, provided that they do not exceed ten square feet per side and are located enDrely on-premises on private property; (label graphic and individual signs, add yard sign graphic) *g. Banner signs may be displayed for not more than 30 consecuDve days; h. *Garage sale signs if located at site of sale and removed within a day aber the sale; i. Mobile vendors may erect feather signs one week prior to specific scheduled community events as determined and approved by city manager, such as the Mermaid FesDval and Fourth of July celebraDon, and shall remove the feather signs within three days aber the event; 41 j. Off-premises temporary signs are prohibited except for temporary signs posted on city property require approval by the city manager. Traffic sign (safety sign). A sign which funcDons primarily to provide for the efficient, safe and orderly flow of traffic. Includes privately maintained traffic control signs in a subdivision with private roads, and privately maintained traffic control signs in a private parking lot. Tri -vision board. An outdoor unit with a sla?ed face that allows three different copy messages to revolve at intermi?ent intervals. (IZC) *Vehicular sign . A sign affixed to a vehicle in such a manner that the sign is used primarily as a staDonary adverDsement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose. The vehicle itself will be considered a sign if it does not have a valid registraDon. Vehicle sign. Business logos, company idenDficaDon, and adverDsing signs affixed to vehicles that are primarily and acDvely used for business purposes and/or personal transportaDon. (See also Vehicular sign.) Vehicle for hire sign . A two-sided or three-sided sign mounted on the roof of a vehicle for hire (as defined in secDon 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. *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. A sign installed on a false or mansard roof is also considered a wall sign. Also see Mural. *Wall sign. A building-mounted sign which is either a?ached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign. (IZC) Window sign. Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three (3) feet of the glass, facing the outside of the building, and easily seen from the outside, provided they do not extend beyond the first story of the building and do not block any opening required for entrance or exit. 1. Customary displays of merchandise or objects and material without le?ering behind a store window are not considered signs. (ICZ) 2. NaDonal brand logo signs designed to hang in a window and not exceeding four square feet, and signs adverDsing products that form the bulk of the business transacDon, are allowed. 42 Ya rd sign. A type of temporary, freestanding, portable outdoor sign that is placed in, on, near, or at ground level independent of any other sign on the property. All supports or framework used to support the sign shall be enclosed within the sign base. Typically made of corrugated plasDc with verDcal fluDng inserted into a metal or plasDc frame with stakes pushed into the ground. These may include poliDcal signs, real estate signs, for sale by owner, municipal public noDces, and temporary events as regulated by this ordinance. 15.20.XXX Signs exempt from permit requirements. *The following signs or acDviDes relaDng to signs shall be exempt from permit requirements and shall not be included in the determinaDon of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulaDons in this secDon and those highlighted in green in 15.20.015 Illustrated Glossary. A. PainDng, repainDng or cleaning of a sign or the changing of copy or message thereon shall not be considered an erecDon or alteraDon which requires a sign permit, unless structural change is made. B. No exempt sign may be illuminated, except for the following: 1. Up-lighDng of official federal, state, borough, or city flags; and 2. LighDng of official governmental signs as needed by the governmental body. *C. If a proposed sign exceeds the limits of this ordinance, a sign variance and sign permit must be approved and the signage must count toward the total allowed signage for the building or parcel. D. Nondiscernable signs and associated sign support structures that are not visible, odorous, or audible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way are not subject to sign regulaDons. E. Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three (3) feet from the window are not subject to sign regulaDons. F. Signs or emblems of a religious, civil, philanthropic, historical or educaDonal organizaDon that do not to exceed four (4) sq. b. in area are exempt. G. Signs which are a permanent architectural feature of a building or structure, exisDng at the Dme of adopDon of this ordinance are exempt. *H. Structures or improvements intended for a separate use, such as donaDon containers, product dispensers, trash and recycling receptacles are exempt. 43 I. Awnings, canopies, and marquees without prinDng are considered an architectural feature not subject to sign regulaDons. 15.20.XXX Prohibited signs. Unless otherwise and specifically authorized, the following signs are prohibited in all districts: 1. Any sign contrary to the provisions of this chapter. 2. Signs which are the principal use of a lot, parcel, or easement. 3. Signs placed within, on, or projecDng over a city right-of-way or within, on, or over other city property. 4. Signs that exhibit statements, words, or pictures of obscene or pornographic subjects as determined by the City of Seward. 5. Signs that promote illegal acDvity. 6. Signs which interfere with radio and television signals. 7. Signs in 15.20.015 Illustrated Glossary that are highlighted in red. 15.20.XXX Sign standards by zoning that require permits. (Spell out Residen?al districts, Resource Management (RR), etc. for R1, R2, R3, UR. (Page 27 of packet: A. Residen?al 1abc. Refers to churches, public and quasi-public ins?tu?ons in residen?al districts. Should these also be under Ins?tu?onal?) (Page 28 of packet: C. Central Business District 4. include canopies and marquees. (Page 28 D. Harbor 4 include canopies and marquees. Add: Except 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.) (Why so restricted?) (Page 28, Separate E. Ins?tu?onal, F. Resource Management, G. Park as regula?ons are different.) 15.20.XXX Nonconforming signs. A. Add 5. Is not an Abandoned sign. 15.20.XXX Variance procedure provided. A. 1. (No. Allowing a larger sign is not harmonious with Seward’s scenic beauty and historic character. Too vague and subjec?ve. Delete.) A. 2. (Also too vague and subjec?ve. Delete.) A. 3. Yes. A 4. Yes. D. Consider modeling aeer 15.10.325 Variance s: 44 Review criteria. The commission shall establish a finding that all of the following condiDons have been found to exist as a prerequisite to issuance of a variance permit: 1. The proposed acDon must be consistent with all of the general condiDons required for a condiDonal use permit; 2. Special condiDons and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district; 3. The special condiDons and circumstances have not been caused by acDons of the applicant; 4. Financial hardship or inconvenience shall not be a reason for granDng a variance; 5. Other nonconforming land use or structures within the district shall not be considered grounds for granDng a variance; 6. A variance shall be the minimum variance necessary to permit the reasonable use of the land or structure; and 7. A variance shall not be granted which will permit a land use in a district in which that use is otherwise prohibited. 15.20.XXX Administra8on and enforcement G. 1. Move “PainDng, repainDng or cleaning of a sign or the changing of copy or message thereon shall not be considered an erecDon or alteraDon which requires a sign permit, unless structural change is made.” To 15.20.XXX Signs exempt from permit requirements. G. 2. Other specific excepDons are listed under signs exempt from permit requirements and in the Illustrated Glossary. Some references: 2021 InternaDonal Zoning Code (IZC) h?ps://codes.iccsafe.org/content/IZC2021P1/chapter-10-sign-regulaDons h?ps://codes.iccsafe.org/content/IZC2021P1/chapter-10-sign- regulaDons#IZC2021P1_Ch10_Sec1001 Sign Code Amendment: Illustrated DefiniDons h?ps://www.discoverosseo.com/files/2015/4594/5171/Illustrated_Sign_Types_PresentaDon_2 018.pdf Model Sign Ordinance h?ps://conservaDontools- producDon.s3.amazonaws.com/library_item_files/1783/2009/Model%20Ordinance.pdf?X-Amz- Algorithm=AWS4-HMAC-SHA256&X-Amz- CredenDal=AKIAIQFJLILYGVDR4AMQ%2F20240407%2Fus-east-1%2Fs3%2Faws4_request&X- Amz-Date=20240407T160858Z&X-Amz-Expires=3600&X-Amz-SignedHeaders=host&X-Amz- Signature=572ea9161c385b37ec203fcb7fa3753c5989e6533cd9846f621027a26866f168 We C onserve PA: Guides and Model Ordinances h?ps://library.weconservepa.org/guides/50-sign-ordinance 45 Sign Ordinance, a Comprehensive, Content-neutral Approach to Local Sign Control h?ps://library.weconservepa.org/library_items/1783 West Lake, Florida sign code h?ps://www.westlakegov.com/sites/default/files/filea?achments/ordinance/7662/ordinance_2 022-14_-_amending_the_citys_sign_code.pdf h?ps://canons.sog.unc.edu/2022/09/can-offensive-content-on-signs-be-prohibited/ h?ps://codelibrary.amlegal.com/codes/whiteoak/latest/whiteoak_pa/0-0-0-15168 Seward sign code from April 2, 2024 meeDng packet h?ps://www.cityofseward.us/home/showpublisheddocument/4025 46 Printable Seward Zoning Map Layout 47 PH O E N I X R D HEMLOCKAVE PORT AVE CL I F F V I E W P L SEW A R D H W Y JES S E L E E D R LOWELL CANYON RD MILL S T PAR K S P L IR O N D R DI M O N D B L V D WASHINGTON ST CAINES ST BARWELL ST ADAMS ST BENSON DR H UL M LN RESURRECTION BLVD MORRIS AVE TH I R D A V E FO U R T H A V E LO W E L L CT SEA LION AVE A S H ST NO R T H S T A R C I R VI S T A A V E OA K S T FOR G E T M E N O T C I R RAVINA S T CH A MB E RL I N RD BA Y V I E W P L AIALIK ST FIR S T MADISON ST MONROE ST DE L P HI N ST D ST VAN BUREN ST A ST JEFFERSON ST BEAR DR B ST CHURCH ST HEMLOCK AVE C ST ASPEN LN O LY M P I A R D COTTONWOOD ST NO R T H W E S T E R N C I R RAILW A Y A V E OL G A S T BA L L A I N E B L V D DA I R Y HI LL L N PH O E NI X RD AL A M E D A S T FI R S T A V E SE C O N D A V E FI F T H A V E A I R P O R T R D SI X T H A V E SWETMAN N AV E MUSTANG AVE BLUEFIELD DR SORREL RD JELLISON AVE AL I C E D R JUNIP E R S T LAT O U C H E CIR FI R S T A V E ALDE R S T LA U R E L S T HA R O L D A V E MA P L E S T PI N E S T B I R C H S T BETTE CATO AVE EVERGREE N ST D IE C K G RA E FF RD CR A B A P P L E S T CH I S W ELL ST PA R K A V E PH O E N I X RD BR O W N E L L S T SE C O N D A V E SP R U C E S T COOLIDGE DR D O R A W A Y UN I M A K C I R T D O C K S T EL M S T CE D A R S T AFO G N A K A V E MARATHON DR D U N H A M DR LO W E L L P O I N T R D SEW A R D H W Y W.ASH ST DIM OND BL VD LE I R E R R D PUM P S T ATI ON RD FO U R T H A V E NA S H R D NA S H R D SO R R E L RD City of Seward Zoning Map Map produced by Quinn Tracy - City of Seward August 2003 Updated by Alaska Map Company 2005 - 2020 Updated by Soto GIS Consulting Inc. 2024 Official Seward Zoning Map This is to certify that this is the official Seward Zoning Map referred to in Sec. 15.01.030 of Title 15 of the Seward City Code. This zoning map replaces all previous official zoning maps and is intended to incorporate and contain all revisions as enacted by ordinances as of this date. Attest: Kris Peck, City Clerk The graphics on this map were produced from the best available sources. The City of Seward assumes no responsibility for any omissions, inaccuracies, or other errors that may exist. Adopted by the Kenai Peninsula Borough as part of the Borough Comprehensive Plan on Nov. 5, 1985, (Ord. 85-77), amended May 3, 1988 (Ord. 88-10). Adopted by the City of Seward (Ord. 626) on Nov. 6, 1989. Effective Jan. 2, 1990. S. HARBOR ST N. HARBOR ST SEWARD BOAT HARBOR RIVERSIDE DR B ST DINAH ST DARRELL ST SH A R O N D R CO T T O N W O O D L N DA V I D A V E BO U N D A R Y A V E NA S H R D ¯0 1 20.5 Miles 0 1.5 30.75 Kilometers Historic District Resource Management Park Institutional Industrial Central Business District Auto Commercial Harbor Commercial Office Residential Urban Residential Multi Family Residential Two Family Residential Single Family Residential Rural Residential City Limits Legend Undeveloped Right-Of-Way 48 Title 16 - Subdivisions 49 TITLE 16 SUBDIVISIONS Seward, Alaska, Code of Ordinances Created: 2024-02-01 15:08:59 [EST] (Supp. No. 27-1) Page 1 of 6 TITLE 16 SUBDIVISIONS Chapter 16.01. General Provisions 16.01.010. Definitions. Lot. A measured portion of a parcel or tract of land which is described and fixed on a plat for record. Parcel. An unsubdivided plot of land. Person. A natural person, firm, association, partnership, corporation, governmental unit or combination of any of these entities. Plat. A map or chart of a surveyed subdivision of land. Resubdivision. The redelineation of an existing lot, block or tract of a previously recorded subdivision involving the change of property lines and/or, after vacation, the altering of dedicated streets, easements or public areas. Street. A right-of-way which provides for vehicular and pedestrian access to abutting properties. Subdivider, owner, proprietor or developer. A person, firm, association, partnership, corporation, governmental unit or combination of any of these which may hold any legal or equitable ownership interest in land being subdivided or which has been subdivided. The term shall also include all heirs, assigns, successors in interest, representatives or personal representatives of the subdivider, owner, proprietor or developer. Subdivision. The division of a tract or parcel of land into two or more lots, sites or other divisions for the purpose, whether immediate or future, of sale, lease or building development, including any resubdivision and, when appropriate to the context, the process of subdividing of the land subdivided. Undeveloped lot. A lot on which no permanent dwelling unit or commercial structure is presently located and for which no building permit for the construction of a permanent dwelling unit or commercial structure has been requested as of October 1, 1977. (Ord. 443, 1977) 16.01.015. Conditions to plat approval. A. No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in section 16.05.015. B. No preliminary plat of city-owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without the prior consent of the city council. C. Public posting. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property. The applicant is responsible for removing the posted notices within five days after the hearing is completed. Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant, or the city shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. 50 Created: 2024-02-01 15:08:58 [EST] (Supp. No. 27-1) Page 2 of 6 D. Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by this section. E. Notification of neighboring property owners. A notice of preliminary plat review shall be mailed not less than ten days prior to the meeting review date to the owners of record on the Kenai Peninsula Borough assessor records of real property within 300 feet of the periphery of the parcel affected by the proposed plat. F. A plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from subsection (c), public posting, (d), proof of posting and (e), notification of neighboring property owners. (Ord. 443, 1977; Ord. 580, 1986; Ord. 610, 1988; Ord. 97-01; Ord. 98-06) 16.01.020. Conveyances restricted in present subdivisions. Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of undeveloped lots located within an area covered by a valid plat recorded prior to November 28, 1977, shall convey any such lots to any other person unless he first provides for such lots the public improvements required by section 16.05.010 in the manner described in section 16.05.015. (Ord. 443, 1977; Ord. 610, 1988) New Section Any owner, proprietor or developer who has obtained two or more previously subdivided but undeveloped lots, shall be required to ensure that the plat for the lots conforms with the current standards in code for lot size, lot frontage, street width, and required dedicated easements prior to receiving a subdivision agreement or developing anything on the lots. 16.01.025. Building permits restricted. No building permit shall be issued for construction of a dwelling unit on an undeveloped lot located within an area covered by a valid plat recorded prior to November 28, 1977, until the owner thereof has provided for such lots the public improvements required by section 16.05.010 in the manner described in section 16.05.015. (Ord. 443, 1977; Ord. 610, 1988) 16.01.030. Exceptions. The restrictions set forth in sections 16.01.020 and 16.01.025 are modified as follows: 1. Where the subdivider, owner, proprietor or developer owns not more than six undeveloped lots located within an area covered by a valid plat recorded prior to the effective date of this title, the restrictions of sections 16.01.020 and 16.01.025 shall not apply. 2. Where the subdivider, owner, proprietor or developer of the undeveloped lots conveys all of his lots to a single person in a bulk sale, the restrictions of sections 16.01.020 and 16.01.025 shall not apply to such conveyances; however, all such restrictions shall apply to the transferee of such lots. 3. Where the subdivider, owner, proprietor or developer of such undeveloped lots serves upon the city manager written notice of his intent to convey or construct, and the city manager certifies that the city cannot provide access to a particular public improvement required by section 16.05.010 within six 51 Created: 2024-02-01 15:08:59 [EST] (Supp. No. 27-1) Page 3 of 6 months after receipt of notice of such intent, the subdivider, owner, proprietor or developer shall not be required to provide that particular improvement prior to the lawful conveyance of such lot or prior to the issuance of a building permit for the construction of a dwelling unit on such lot. (Ord. 443, 1977; Ord. 610, 1988) Chapter 16.05. Improvements 1 16.05.010. Required public improvements. The term "required public improvements" shall mean the following: 1. Streets. All streets located within a subdivision subject to the requirements of this title shall be not less than 50 60 feet in width and shall be gravel-surfaced according to city specifications. What are the specifications? Per Anchorage Code Title?... a. All streets constructed as part of a subdivision improvement project shall be monumented according to… What are the specifications? b. Private streets or gated subdivisions: i. Emergency services and utilities shall be provided access within the private subdivision. ii. A public vehicular turn around shall be provided to allow vehicles that have been denied entry to the private or gated street the ability to exit. iii. The city shall not pay for or contribute to any cost to construct, improve, or maintain a private street. iv. Gates requirements: 1. The fire and emergency services provider that serves the proposed gated subdivision must approve the fire and emergency services access plan for each gate prior to installation. 2. No part of the gate system may be placed in a public right-of-way. 2. Telephone Communication and eElectric lines. All new telephone communication and electric lines shall be installed underground, unless found to be impractical by the city planning and zoning commission and affirmed by the city council, and in accordance with specifications of the appropriate utility companies and the city. 3. Water system. Where the city water system will service the area covered by the plat or proposed plat, the subdivider shall provide the water system in accordance with the specifications in Anchorage Code Title?... established by the city planning and zoning commission and affirmed by the city council. Fire hydrants shall be provided to standards established by the American Waterworks Association and shall be a brand specified by the city. The subdivider shall not be required to drill individual wells. a. Fire hydrants shall be provided to standards established by the American Waterworks Association and shall be a brand specified by the city 1See Sec. 14.15.535 as to electric service extensions to subdivisions. 52 Created: 2024-02-01 15:08:59 [EST] (Supp. No. 27-1) Page 4 of 6 a. A 12 foot by 15 inch culvert shall be installed in front of and centered on the fire hydrant. b. Hydrants shall be installed one foot above finish grade. b. Wells may be permitted in subdivisions that are located outside of a ¾ mile radius from any existing city wells. 4. Sewer system. Where the city sewer system will service the area covered by the plat or proposed plat, the subdivider shall provide the sewer system in compliance with all applicable state and federal health and environmental laws and regulations. 5. Street lighting. Street lighting shall be installed in accordance with the requirements of SCC 14.15. the city. a. All street lighting must provide downward illumination. b. A street light shall be installed at a regular interval distance of 3 times the height of the pole c. Metal poles shall be required d. Height requirement?? Main road vs alleys? 6. Open Space. Where deemed reasonable, the planning and zoning commission may require to be dedicated or reserved for park, an area not to exceed 10 percent of the of the subdivision area. 7. Pedestrian rights-of-way. a. A subdivider shall install paved sidewalks for any subdivisions developed south of Van Buren Street. b. A subdivider shall pave an additional 5ft on each side of the dedicated right-of-way for any subdivision north of Van Buren Street to provide for non-motorized transportation c. All pedestrian rights-of-way must meet Americans with Disabilities Act (ADA) requirements 8. Easements and rights-of-way. The subdivider shall dedicate all easements that are needed for future water and sewer mains, electric and communication lines, and rights-of-ways for streets and pedestrians. (Ord. 443, 1977; Ord. 610, 1988) 16.05.015. Compliance procedure. A. The subdivider, owner, proprietor or developer is deemed to have satisfied the requirements of this title when he has entered into the subdivision agreement with the city. The subdivision agreement shall be written to cover one or a combination of the following alternatives available to the subdivider: 1. The subdivider may elect to complete all required public improvements prior to approval and recording of the final plat or prior to sale or issuance of a building permit, as the case may be. If this is done, the subdivision agreement, delineating the construction and inspection requirements for each improvement, shall be entered into prior to commencement of construction. 2. The subdivider may elect to complete required improvements after approval and recording of the final plat, the conveyance or the issuance of the building permit. In this event, the subdivision agreement shall delineate: a. The construction and inspection requirements of the appropriate governmental agency or city department concerning the required improvements; 53 Created: 2024-02-01 15:08:59 [EST] (Supp. No. 27-1) Page 5 of 6 b. The time schedule for completion of required improvements; c. A method of insuring that such improvements shall be completed to the specifications required and in the time schedule agreed upon. 3. The subdivider may elect to form a special assessment district prior to any sales, obligating all property owners in the subdivision to assume the costs of all required public improvements not previously installed. B. The improvements required under the terms of the subdivision agreement shall be fully completed within three years of the date of execution of the agreement, except if a special assessment district has been formed, in which case improvements will be installed when a sufficient demand is made of the city. C. The subdivision agreement shall provide for the apportionment of the costs of required public improvements between the city and the subdivider as provided in the special assessment district or as follows: 1. Administrative and recording costs relating to public improvements guarantees. The subdivider shall pay 100 percent of all costs incurred in supplying and administering any method of public improvement guarantees provided for in subsection (d) of this section; 2. Inspection, surveillance and testing. The subdivider shall pay 100 percent of all costs relating to any inspection, surveillance and testing by the city necessary for final acceptance of any required public improvement. Costs of inspection, surveillance and testing shall be established in advance between the developer and the city upon the developer's request; 3. Streets. The subdivider shall pay 100 percent of the cost of streets within the boundaries of the subdivision; 4. Water improvements. The subdivider shall pay 100 percent of the cost of all water facilities constructed within the subdivision; 5. Sewer system. The subdivider shall pay 100 percent of the sanitary sewer system installed within the subdivision; 6. Electric and commuication telephone. The subdivider shall pay 100 percent of the cost of installing electric lines with cost participation as provided in the current approved tariffs of the telephone company serving the subdivision; 7. Street lighting. The subdivider shall pay 100 percent of the cost of street lighting apparatus. D. To assure the installation of required public improvements which are not accepted at the time the final plat is filed, the subdivision agreement shall require the subdivider to guarantee the completion of all such improvements by one or more of the methods specified below. The means of a guarantee may be changed during the guarantee period through a written modification of the agreement. The amount of guarantee shall be determined on the basis of the subdivider's cost estimate. The guarantee shall remain in effect until final acceptance of the required public improvements. The engineer's cost estimate shall state the estimated cost of completion for each required public improvement. Cost estimates for each required public improvement must be approved by the city manager. For purposes of establishing the amount necessary for the guarantee of completion of public improvements, a percentage for overrun allowance shall be added to the total estimated cost of public improvements as follows: Total Estimated Cost of Improvements Percentage of Overrun Allowance $0.00 to $500,000.00 20% $500,001.00 to $1,000,000.00 15% $1,000,001.00 and over 10% 54 Created: 2024-02-01 15:08:59 [EST] (Supp. No. 27-1) Page 6 of 6 E. The subdivision agreement shall include one or more of the following methods to guarantee the construction of required public improvements: 1. Performance bond. The subdivider may elect to provide a surety bond from a company authorized to do business in the state. The bond shall be in an amount equal to the estimated cost of all required public improvements plus an overrun allowance as provided above. The bond shall be payable to the city in the event that any required public improvements are not finally accepted in accordance with the provisions of this subdivision agreement and shall be posted by no person other than the subdivider. 2. Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the estimated cost of all required public improvements, plus overrun allowances as provided above, either with the city or in escrow with a responsible financial institution authorized to do business in the state. In case of an escrow account, the subdivider shall file with the city an escrow agreement which includes the following terms: a. Funds of the escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any matter during that time other than payment for the improvements. The funds may be used for payment of improvements as made, except that the escrow holder shall withhold from disbursement so much of the funds as is estimated to be necessary to complete the construction and installation of such improvements, plus an overrun allowance as provided above. b. In the case of a failure on the part of the subdivider to complete any improvement within the required time period, the institution shall immediately make all funds in the account available to the city for use in the completion of those improvements. 3. Letter of credit. The subdivider may elect to provide from a bank or other responsible financial institution authorized to do such business in Alaska, an irrevocable letter of credit. Such letter shall be filed with the city and shall certify the following: a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost of all required public improvements plus overrun allowances as provided above for the completion of all such improvements; b. That in case of failure on the part of the subdivider to complete any specified improvements within the required time period, the creditor shall pay to the city immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. (4) Special assessment district. The subdivider may elect to pay all required assessments levied against the property for the installation of public improvements. The city shall make every reasonable effort to obtain all grant moneys available for financing of the public improvements. (Ord. 443, 1977; Ord. 610, 1988) New Section – Variance Procedure?? 55