HomeMy WebLinkAboutORD2024-013 PZ Marijuana Land Use Table1
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Sponsored by: Planning and Zoning
Introduction: August 26, 2024
Public Hearing: September 9, 2024
Enactment: September 9, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE 15.10.226 — LAND USES
ALLOWED TO STANDARDIZE LANGUAGE AND CLARIFY WHERE
MARIJUANA ESTABLISHMENTS ARE ALLOWED IN EACH ZONING
DISTRICT
WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning
Commission (Commission) by its own motion may recommend amendments to Title 15 to 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 Commission held work sessions on June 18 and July 16, 2024, to
review the regulations for marijuana establishments in city code; and
WHEREAS, during that work session the Commission agreed that the current language
and formatting regulating marijuana establishments in code was not clear nor easy to understand;
and
WHEREAS, the Commission recommended as a first step that city code be amended to
standardize the language and clarify where marijuana establishments are currently allowed to
make the current regulations for marijuana establishments easier to understand; and
WHEREAS, in the current Land Uses Allowed Table, marijuana establishments are
classified under general categories such as "commercial greenhouse," "business office,"
"business retail sales and services," and "heavy and light manufacture;" and
WHEREAS, the Commission recommended that each of the specific marijuana
establishments currently listed in code be added to the Land Uses Allowed Table as their own
categories; and
WHEREAS, the zoning districts in which the various marijuana establishments are
allowed within the Land Uses Allowed Table remain in the same districts in which they were
allowed under the more general categories; and
CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 2 of 13
WHEREAS, a retail marijuana store meeting all other criteria in the city code and in
Alaska Statutes and Administrative Codes is currently allowed outright in all the zoning districts
where a "business, retail sales and services" is allowed; and
WHEREAS, under the Alaska Statues and Administrative Codes, onsite marijuana
consumption is an endorsement to a retail marijuana store subject to approval by the Alcohol and
Marijuana Control Office; and
WHEREAS, the Commission recommended that a category for a retail marijuana store
with onsite consumption, both indoor and outdoor, be added to the Land Uses Allowed Table to
further clarify onsite consumption as a currently allowed use subject to an endorsement in the
zoning districts where a retail marijuana store is allowed; and
WHEREAS, the proposed changes to code do not change the current regulations for
marijuana establishments; and
WHEREAS, on August 6, 2024 the Planning and Zoning Commission approved
Resolution 2024-016 recommending City Council amend Title 15.10.226, clarifying marijuana
establishments in the Land Uses Allowed Table.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended
to read as follows (new language is in bolded italics and underlined, and deleted language is
stricken):
H. Marijuana establishments as defined in section 15.10.140.B.55 are allowed in accordance
with table 15.10.226 of this chapter subject to the following:
1 The facility owner or operator has submitted a license application to the State of
Alaska for the corresponding type of marijuana establishment prior to operation, and
maintains a current license from the state at all times the facility is in operation.
2. Marijuana establishments shall not to be located within 500 feet of the entrance of any
building where religious ceremonies are regularly held, a correctional facility,
recreational facility or youth center licensed by the state or local government, or within
1,000 feet of any school. The distance specified in this subsection must be measured by
the shortest pedestrian route from the public entrance of the building in which the
licensed premises would be located to the outer parcel boundaries of the school,
recreation or youth facility or to the main public entrance of the building in which
religious services are regularly held, or the correctional facility. The burden of proof
demonstrating that the facility meets the required separation distances is the
responsibility of the marijuana establishment owner or operator.
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 3 of 13
3 All marijuana establishments shall meet all other criteria in this Code and in Alaska
Statutes and Administrative Codes.
3. In this title, standard or limited marijuana cultivation facility meeting all other criteria
4 T th' title ., testing facility meeting "ll other criteria _„ this Co a „„rl ___
Prof ssiona1
5. In this title, a marijuana product manufacturing facility or a marijuana concentrate
„faot.,ri,,g facility . g hazar.lous „,atorials in the .Y, „faeturrrvivesnd
a iaang � Y
iss--c ssifi,l a Mn ,fac-tt+r-H F'n ilitie of . g ha r.lo materials
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in4he-manufaetefiffg-preeess-afe-c4assifieEl-as-a-Manufaetur-ing7L-ight-ase,
b. In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska
Statutes and Administrative Codes is classified as a Business Retail Sales and Service
use:
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, very low density single-family residential
R 1 =
Single-family, low density residential
R2 =
Single and two-family, medium density residential
R3 =
Single, two and multi -family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional
offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
Harbor commercial
CB =
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and
steep slopes
INS =
Institutional, public, quasi -public uses
P =
Parks
CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 4 of 13
Table 15.10.226. Land Uses Allowed
Key:
O — Use Permitted Outright
H — Home Occupation
C — Use Requires Conditional Use Permit
P — Use Requires Administrative Permit
Blank — Use Prohibited
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Accessory building
0
0
0
0
0
0
0
0
0
0
0
0
0
Adult entertainment
INTENTIONALLY LEFT BLANK
Agency, i.e., travel,
insurance, title, real
estate, etc.
0
0
0
0
0
Agriculture
0
Airport and related
services
0
C
Amusement or
recreation facility
0
0
0
Animal shelter
0
C
C
Antenna, personal
TV, satellite dish
0
0
0
0
0
0
0
0
0
0
0
0
Art gallery
0
0
0
0
0
Assemblages,
temporary large, i.e.,
circus, fair
PP
P
P
P
P
P
Attraction, permanent
major visitor
C
C
C
C
C
Auditorium
0
0
0
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 5 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R I
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Auto repair, i.e.,
mechanic, glass
body, upholstery
C
0
Auto service/gas
station
0
0
0
Auto/RV sales and
rentals
0
0
0
Boat sales
0
0
0
Boat, commercial
building/fabrication
0
0
Boat, harbor/marina
C
C
C
C
C
Boat, repair and
maintenance
0
0
0
C
Boat, storage
commercial
0
0
0
C
Bulk material, i.e.,
concrete, gravel,
sand, asphalt
C
C
Business, marine
retail sales and
service
0
0
0
0
C
Business, package
liquor
0
0
0
Business, retail sales
and service
0
0
0
0
Business, retail sales
and service, industrial
0
Campground,
municipal
C/P
C/P
C/P
C/P
Campground, camper
park, private
C/P
C/P
C/P
Campground,
employee
C/P
Car/boat wash
0
0
0
Cemetery
0
C
0
Center,
community/civic
0
0
C
C
CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 6 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Center, mariner's
O
O
O
O
Center, senior or
teen
CC
CO
0
C
C
Child care, licensed
center
CC
00
0
C
Child care, licensed
home
0
0
0
0
0
0
0
0
0
Church
C
C
C
C
C
C
O
O
O
0
Clinic, medical
O
O
O
O
0
Clubs,
fraternal/lodges/socia
1/ veterans
C
0
0
C
Cluster subdivision
INTENTIONALLY LEFT BLANK
Commercial
Communications
tower less than 16
feet diameter or 75
feet in height
CCCC
C
C
Commercial
Communications
tower 16 feet
diameter or greater
than 75 feet in height
C
C
C
Correctional/prison
facility
CC
C
C
Crematory
0
Docks/wharves,
industrial cargo
0
0
C
C
Dock, passenger
0
0
0
C
0
Drinking
establishment, i.e.,
bar, nightclub, lounge
C
C
C
Drive-in facility—
Fast food, banking,
etc.
CCCCC
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 7 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R 1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Dwelling, apartment
in a commercial
building (limited to
one unit)
O
O
O
O
O
C
Dwelling, apartment
in a commercial
building (two or more
units)
O
O
C
C
Dwelling, apartment,
efficiency or
accessory
0
0
0
0
0
0
0
Dwelling, apartment,
studio
CCCCC
C
Dwelling, attached
single-family, i.e.,
townhouse, row
CCCCCC
C
Dwelling,
condominium
CCCCCC
C
Dwelling, detached
single-family
0
0
0
0
0
0
0
C
C
Dwelling, group
home
O
O
O
O
O
O
C
Dwelling, guest
house
0
0
C
Dwelling, multi-
family (3 or more
units)
CCCCCC
C
Dwelling, two-
family or duplex
O
O
O
O
O
C
C
Dwelling, watchman
or caretaker
0
C
Emergency services,
pub/vol; i.e., fire,
ambulance, rescue
CC
CC
C
C
O
C
0
0
C
0
Financial institution,
i.e., bank, S&L
C
0
0
Flea market, open air
retail other than
occasional
C
C
C
Fuels, bulk storage
and sales
C
CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 8 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
Rl
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Golf course
0
0
C
Golf driving range
0
0
0
0
C
Greenhouse/nursery
—Commercial
0
0
0
Grocery,
convenience store
C
C
C
O
O
O
O
Grocery,
supermarket,
foodmart
0
0
Health club
C
C
O
O
O
Home occupation
O
O
O
O
O
O
O
O
O
0
Hospital
C
C
Housing, bunkhouse
C
C
C
Housing, dormitory
0
0
Housing, nursing,
retirement,
convalescent
C
C
C
Kennel, commercial,
musher or fancier
INTENTIONALLY LEFT BLANK
Laundry, dry
cleaning
O
C
00
Library
0
0
0
0
Livestock, excluding
chickens and rabbits
P
P
Livestock, chickens
and rabbits
PP
P
P
P
PP
P
P
Lodging, B&B
H/P
H/P
H/P
H/P
H/P
O/P
O/P
O/P
O/P
Lodging, hostel
PP
P
PP
P
Lodging, hotel,
motel, lodge, inn
C
0
C
C
Lodging, short-term
rental
H/P
H/P
H/P
H/P
H/P
P
P
PP
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 9 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
RI
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Lumber
yard/building supply
C
0
C
Manufacturing—
noxious, heavy
C
Manufacturing, light
fabrication, assembly
C
C
0
Marijuana
0
0
O
establishment,
cultivation facility
Marijuana
H
H
H
H
H
H
H
H
H
H_
establishment,
limited cultivation
facility
Marijuana
C
establishment,
product
manufacturing
facility (hazardous
materials
Marijuana
C
C
0
establishment,
product
manufacturinx
facility (non-
hazardous materials)
Marijuana
O
0
O
0
establishment, retail
store
Marijuana
O
0
0
O
establishment, retail
store with on -site
consumption
endorsement; indoor
Marijuana
0
0
0
0
establishment, retail
store with on -site
consumption
endorsement;
outdoor
CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 10 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
RI
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Marijuana
0
0
0
0
0
establishment,
testing facility
Merchant, transient
0
0
0
0
Mobile home park
C/P
Mobile home,
residential, not in
park
INTENTIONALLY LEFT BLANK
Mobile home sales
0
0
Mobile medical unit
0
0
0
Mobile vendor
PPPPPPPPPP
P
Mortuary/funeral
home
0
0
0
Museum
C
O
O
O
O
0
Office, boat charter,
guide
O
O
O
O
O
C
Office, business or
professional
O
O
O
O
O
Office,
government/quasi-
government
administration
O
O
O
O
O
0
0
Office,
mobile/temporary on
construction site
PPPPPPPPPP
P
P
P
Office, home,
professional
O
O
O
O
O
Parking lot
C
C
O
O
O
O
O
0
0
0
Personal services,
i.e., beauty, shoe,
tailor
O
O
O
O
Planned unit
development
C
C
C
C
C
C
Playground, public
tot lot
O
O
O
O
O
O
O
0
0
0
0
J
J
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 11 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Railroad
C
C
C
C
Recreation,
commercial indoor,
i.e., bowling, skating
0
0
0
C
Recreation, outdoor,
i.e., miniature golf
0
C
C
C
Recreation, shooting
range
C
C
C
Recycling center
C
C
0
C
Recycling, self-
service drop-off point
0
0
0
0
0
0
0
0
Rental, Long-term
0
0
0
0
0
0
0
0
0
0
C
C
Repair service, i.e.,
large appliance
C
C
0
Resource extraction,
commercial
subsurface, i.e.,
mining
C
C
C
Resource extraction,
commercial surface,
i.e., gravel
C
C
C
Resource extraction,
commercial timber
harvesting
C
C
Restaurant, food
service, catering,
brew pub
0
0
0
0
0
C
Rooming or
boarding house
O/P
O/P
O/P
0/P
Roving Vendor
P
PP
P
P
PPP
P
P
P
Salvage —auto,
wrecking, scrap,
junkyard
C
Sawmill or
lumbermill
C
C
School, college
C
C
C
CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 12 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R 1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
School,
public/private
elementary/secondary
CCCCCCC
C
C
School, vocational
CO
0
C
0
C
Seafood processing,
i.e., canning,
rendering
C
C
C
C
Shop, i.e., welding,
sheetmetal, machine,
steel fab.
C
C
0
Shop, i.e., wood,
signs, cabinet,
upholstery
CC
0
C
0
Shopping center
(mall)
C
C
Solid waste disposal,
i.e., baler, transfer,
landfill
C
C
C
Storage, container
PP
P
PO
P
Storage, explosives
P
Storage, outdoor,
yard,
material/equipment
C
0
0
C
Storage, self service
0
0
0
0
Storage, warehouse
and distribution
0
0
0
C
C
Studio,
radio/television
C
0
0
0
0
C
Tanks, aboveground
associated with
service station
C
C
0
Taxidermy
0
0
0
0
0
Terminal, i.e., bus,
truck, freight
0
C
0
C
Terminal,
marine/boat
passenger
O
C
0
0
C
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-013
Page 13 of 13
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Theater, concert,
movie
0
0
Tool/equipment
rental
0
0
Temporary structure
PPP
P
P
PPPP
P
Utility facility,
public electric, water,
sewer, etc.
CCCCC
C
O
O
O
O
0
0
Vehicle impound lot
0
0
Vending machine
repair, storage
0
0
C
Veterinary hospital
C
C
C
Section 3. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the
9th day of September 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES: Osenga, Calhoon, Finch, Barnwell, Crites, McClure
NOES: None
ABSENT: Wells
ABSTAIN: None
ATTEST:
7
Kris Peck
City Clerk
(City Seal)
Ordinance 2024-013
City Council Agenda Statement
Meeting Date: August 26, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Planning and Zoning Commission
Subject: Ordinance 2024-013: Amending Seward City Code 15.10.226 — Land
Uses Allowed to Standardize Language and Clarify Where Marijuana
Establishments are Allowed in Each Zoning District
Background and justification:
On June 18 and July 16, 2024 the Planning and Zoning Commission held work sessions to
discuss and review the regulations in Seward City Code regarding marijuana establishments.
Due to the comments received by the public, the Commission determined that the regulations
currently in code for marijuana establishments are not sufficiently clear. Prior to discussing and
potentially recommending any changes to the current regulations, the Commission
recommended that staff revise the formatting of the regulations to standardize the language and
clarify where marijuana establishments are currently allowed in each zoning district.
On August 6, 2024 the Planning and Zoning Commission approved Resolution 2024-016
recommending the City Council amend Title 15.10.226, clarifying marijuana establishments in
the Land Uses Allowed Table.
The code addresses marijuana establishments in Land Uses Allowed § 15.10.226 (H). Within
this section, each type of marijuana establishment is listed as well as the specific requirements
and where the use is allowed in the Land Uses Allowed Table. The confusion is caused by the
fact that each type of marijuana establishment is classified under another land use type that is
already in the Table. For example, code states that "a retail marijuana store meeting all other
criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a business
— retail sales and service use." So, to determine which zoning districts a retail marijuana store
is allowed in, one would need to look up `business — retail sales and service use' on the Land
Uses Allowed Table. Whatever zoning districts a `business — retail sales and service use' is
allowed, a retail marijuana store would also be allowed.
This format causes confusion as no other land uses are regulated in this way. Adding the various
marijuana establishments directly to the Land Uses Allowed Table as their own categories is a
much clearer way to present the information in code.
Creating standardized language and formatting that is easier to understand regarding marijuana
establishments will provide for better future discussions and potential recommendations to the
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Ordinance 2024-013
current regulations. No new regulations are being added in this Resolution and no regulations
are being removed.
The effect of this legislation would be to:
• Remove marijuana establishments from the current general categories in the Land Uses
Allowed Table;
• Add each category of marijuana establishment to the Land Uses Allowed Table, and
retain the same zoning districts that were previously allowed under the more general
categories;
• Add "on -site consumption" to the Land Uses Allowed Table as a use that is associated
by regulation with a retail marijuana store, subject to approval of an endorsement.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Vol 1, 2.2.8 "Continue to review and update the city code."
Vol 1, 3.2.1.1 "Manage land use to facilitate economic development while
maintaining the historic, small-town character of Seward."
Strategic Plan:
Other:
SCC 15.01.035(A) & SCC 15.01.035 (B)(1b.)
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
Affected Fund (✓):
General
Boat Harbor
Motor Pool
Available Fund Balance
SMIC
Parking
Other
Electric
Water
Wastewater
Healthcare
Note: amounts are unaudited
Finance Director Signature:
82
Ordinance 2024-013
Yes
Attorney Signature: /s Kody George
Not applicable Comments:
Administration Recommendation
Adopt Resolution
Other:
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