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Home My WebLink About08202024 Planning & Zoning Work Session PacketPlanning & Zoning Commission Work Session Packet Work Session Tuesday, August 20, 2024 Seward Community Library 6: 00 p.m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION WORK SESSION AGENDA August 20, 2024 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 Clare Sullivan Commissioner Term February, 2026 Daniel Meuninck Community Development Director Courtney Bringhurst City Planner Clara Brown Executive Planning Assistant Kris Peck City Clerk 6:00 p.m 1) CALL TO ORDER 2) STAFF COMMENTS 3) DISCUSSION ITEMS Seward Community Library a. Comprehensive Plan Survey Questions 4 b. P&ZRules and Procedures 25 C. Title 15.20 Sign Code Edit 54 4) ADJOURNMENT 2 OUTCOME GOALS FOR WORK SESSION 1) Get Commissioner feedback on the first draft of survey questions for the Comprehensive Plan update. 2) Review the P&Z Rules and Procedures document. 3) Review current draft of proposed code changes to Title 15.20 — Signs and get direction to either bring the proposed edits to the next meeting as a Resolution, or to schedule a future work session to complete a more comprehensive review of sign code. BACKGROUND: The Comprehensive Plan is a long-range planning document used to guide decisions within a community to support healthy growth and ultimately a better future. Multiple surveys will be sent out to collect public input regarding current and desired conditions within Seward on various topics. This input will be used to guide the Comprehensive Plan goals, policies, and implementation strategies. This work session is meant to gather input on the types of questions that should be included in the surveys. The P&Z Rules and Procedures document provides guidelines for the role of a Planning and Zoning Commissioner and is currently being updated. Reviewing this document will provide a training opportunity for the Commission, as well as a chance to provide feedback on any of the rules and procedures outlined in the document. The Planning and Zoning Commission has had work sessions on July 11 and August 15, 2023, and January 23 and April 16, 2024 to review Title 15.20 — Signs and provide recommended changes. This work session is meant to review all the changes that have been recommended in those 4 work sessions and provide direction to administration to either bring the current draft forward as a Resolution at the next meeting, or to schedule future work sessions to complete a more comprehensive review of Title 15.20. 3 Draft Questions for Comprehensive Plan Surveys Comprehensive Plan Surveys Purpose To gather information that will guide and support the development of the Comprehensive Plan goals, policies, and implementation strategies. To identify the strengths and weaknesses of Seward so we can implement effective plans to improve. Four total surveys: 1. Vision 2. People — Quality of Life 3. Place — Land Use 4. Economy 5 Vision Survey Vision Survey 1. What are three adjectives that comes to mind when you think of Seward? (open ended) 2. What makes the City of Seward special? (open ended) 3. What makes it challenging to live in Seward? (open ended) 4. If you could change one thing about Seward, what would it be? (open ended) 5. What would make Seward a better version of itself in the future? (open ended) 6. When considering Seward's existing image and identity, identify if each of the following is a strength or weakness for the community today. (Great Strength, Strength, Neutral, Weakness, Great Weakness) a. Community image and reputation b. Community appearance c. Community friendliness d. Community character and appeal e. Diversity of population f. Landscaping of public areas and properties g. Maintenance of public areas and properties h. Historic preservation and assets i. Arts and cultural amenities j. Community center and focal point k. Character of entry points into the community 1. Community events and festivals 7. What community organizations and/or events contribute to the overall positive image and identity of Seward? (open ended) 6 People Survey People Survey (Quality of Life) General Questions 1. How long have you lived in Seward? (open ended) 2. How many people live in your household? (open ended) 3. Do you see yourself living in Seward in 5 years? Why or why not? (open ended) 4. What aspects of Seward keep you here? (Agree, Neutral, Disagree) a. Environment b. Weather c. Friends/Family (in Seward) d. Amenities e. Employment S. What aspects of Seward would be a reason you choose to leave Seward? (Agree, Neutral, Disagree) a. Environment b. Weather c. Friends/Family (in Seward) d. Amenities e. Employment Community Health 1. Seward provides exceptional health care for: (Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree) a. Dental b. Eye c. Emergency d. Pre -natal e. Labor and Delivery f. Pediatrics g. Family health h. Mental health i. Senior care j. Physical Therapy People Survey 2. What health care services would you like to see improved in Seward? (Rank in order of importance, most important being #1) a. Dental b. Eye c. Emergency d. Pre -natal e. Labor and Delivery f. Pediatrics g. Family health h. Mental health i. Senior care j. Physical Therapy Schools 1. Do you have school age children living in your home? a. No b. Yes — they go to public school c. Yes — they do home school / distance education d. Yes — they do a combination of public school and distance education e. Other (please specify) 2. Select all the extra -curricular activities offered by the public school system that your children are or have participated in. a. Theater b. Music c. Art d. Cross Country Running e. Volleyball f. Football g. Basketball h. Swimming i. Cross Country Skiing j. Track and Field k. Soccer 1. Other (please specify) 8 People Survey 3. What is the biggest challenge Seward schools are currently facing? (Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree) a. Lack of teachers b. Lack of extra -curricular activities c. Lack of students d. Inadequate facilities e. Other (please specify) Community Engagement 1. How do you find out what events are happening in the Community? (Most Often, Often, No Opinion, Occasionally, Never) a. Emails from organizations b. Social media c. Word of mouth d. Flyers posted in public places e. City Manager newsletter f. Chamber website g. City website 2. How can Seward improve marketing events in the community? (open ended) 3. Seward offers a variety of organized activities for: (Agree, Don't know, Disagree) a. Toddlers b. Elementary age children c. Middle school age children d. High school age children e. College students f. Adults g. Seniors 4. What community involvement activities do you enjoy participating in? (open ended) 5. What community involvement activities do you wish Seward had to offer? (open ended) 6. What volunteer opportunities / organizations have you participated in within the community? (open ended) 9 People Survey Arts and Culture 1. What artistic or cultural activities does Seward provide that you enjoy? (open ended) 2. What artistic or cultural activities would you like to see Seward provide? (open ended) 3. What is a mural design you would like to see in Seward? (open ended) Recreation 1. When considering Seward's existing parks and recreation, identify if each of the following is a strength or weakness for the community today. (Great Strength, Strength, Neutral, Weakness, Great Weakness) a. Neighborhood parks b. Community parks c. Playgrounds d. Sports fields and courts e. Access to ocean f. Access to mountains g. Access to tidelands / beaches h. Access to rivers i. Recreational programs j. Recreational facilities k. Open space and natural areas 1. Proximity and access to local parks and recreation facilities m. Proximity and access to regional open spaces (state parks, national parks, national forest, etc) n. The community's efforts toward sustainability o. ADA accessibility of parks and recreation facilities 2. In the summer, where do you recreate the most in Seward city limits? (List 3-5 locations) (open ended) 3. In the winter, where do you recreate the most in Seward city limits? (List 3-5 locations) (open ended) 4. In the summer, where do you recreate the most in the greater Seward area (Lowell Point to Mile 12) (List 3-5 locations) (open ended) 5. In the winter, where do you recreate the most in the greater Seward area (Lowell Point to Mile 12) (List 3-5 locations) (open ended) 10 Place Survey Place Survey (Land Use) Natural Resources 1. What location in Seward (natural or man-made) do you feel defines Seward? (open ended) 2. Specify up to three (3) locations where natural or historic preservation should be prioritized. (open ended) 3. What natural resources in Seward should be a preservation priority? (rank in order of importance) a. City campgrounds b. City parks c. Tidelands d. Mount Marathon e. Bear Mountain f. Salmon habitats g. Fourth of July Beach 4. A "conservation overlay" is a tool that communities use to protect sensitive environmental features and cultural resources by creating special zoning districts that add additional regulations or incentives to existing zoning district rules. Would you support implementing conservation overlays in Seward? a. Strongly Support b. Support c. Neutral d. Oppose e. Strongly Oppose Capital Improvements 1. When considering Seward's existing community facilities and services, identify if each of the following is currently a strength or a weakness. (Great Strength, Strength, Neutral, Weakness, Great Weakness) a. Elementary School b. Middle School c. High School d. Higher education e. Police protection and public safety f. Fire protection and emergency response g. Port and Harbor services h. Water and sewer utilities 11 Place Survey i. Electric utilities j. Broadband availability and reliability k. Trash removal and recycling services 1. Stormwater drainage (flooding prevention) m. Health care and medical services n. Library o. Services / activities for youth p. Services / activities for seniors q. Services for veterans r. Services for Alaska Natives s. Other municipal programs and services 2. How do you feel about the following types of alternative energy sources for Seward? (Strongly Favor Favor, Neutral, Oppose, Strongly Oppose) a. Wind b. Geothermal c. Solar d. Hydro e. Nuclear 3. Which public services would you support your tax dollars being used for? (Strongly Support, Support, Neutral, Oppose, Strongly Oppose) a. To build new parks or playgrounds b. To upgrade existing parks or playgrounds c. To fix existing public water/sewer mains d. To expand public water/sewer services to undeveloped areas of Seward e. To construct a new wastewater treatment facility f. To expand and improve the storm and ground water drainage system g. To improve streets and roads h. To build new sidewalks i. To repair existing sidewalks j. To improve street lighting k. To provide recreational facilities 1. To build a new public works building m. To build a new police station n. To build a new fire station o. To build a new harbormaster's office p. To build additional floats in the Harbor for boats q. To expand medical facilities r. To preserve historical sites s. Other (please specify) 12 Place Survey Transportation 1. In the summer, do you feel safe using these forms of transportation to get around Seward? (Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree) a. Walking b. Biking c. Driving d. Other (please specify) 2. In the winter, do you feel safe using these forms of transportation to get around Seward? (Strongly agree, Agree, Neutral, Disagree, Strongly Disagree) a. Walking b. Biking c. Driving d. Other (please specify) 3. If there were a safe sidewalk, trail, or access route, would you use alternative transportations other than a vehicle to access locations near your residence? a. Very likely b. Likely c. Neutral d. Unlikely e. Very unlikely 4. If you answered "very unlikely" or "unlikely", please explain why. (open ended) 5. What is the most dangerous place in Seward in regard to transportation? Why? (open ended) 6. When considering Seward's existing transportation networks, identify if each of the following is a strength or weakness for the community today. (Great Strength, Strength, Neutral, Weakness, Great Weakness) a. Ability of major roadways to handle traffic b. Condition of roadways c. Traffic flow and lack of congestion d. Sidewalks e. Pedestrian and bicycle facilities f. Greenways and trails g. Transit options h. Access to regional transportation i. Walkability j. Snow removal 13 Place Survey Development 1. In general, how do you feel about the following types of development in Seward? (Strongly Favor Favor, Neutral, Oppose, Strongly Oppose) a. Single-family housing b. Multi -family housing c. Mixed -use (residential mixed with commercial) d. Retail businesses e. Business offices f. Medical facility expansion g. Municipal facilities buildings h. Fast food restaurants i. Dine -in restaurants j. Conservation projects k. Historic preservation projects 1. Outdoor recreation m. Indoor recreation n. Tourism o. Sport fishing industry p. Commercial fishing industry q. Heavy industry r. Warehouses s. Other (please specify) 2. When considering Seward's existing commercial areas, identify if each of the following is a strength or weakness for the community today. (Great Strength, Strength, Neutral, Weakness, Great Weakness) a. Character of commercial areas b. Mix and availability of shopping options c. Access to everyday goods and services d. Opportunities for new commercial development e. Employment and job opportunities f. Opportunities for new office and employment uses 3. Please rank in order your preference for undeveloped land in Seward: (#1 being your highest priority) a. Business/Commercial b. Industry/Manufacturing c. Recreation d. Residential e. Mixed -use f. Leave undeveloped g. Other (please specify) 14 Place Survey 4. How do you feel about the following types of development for undeveloped land on the east side of Resurrection Bay? (Strongly Favor, Favor, Neutral, Oppose, Strongly Oppose) a. Residential development b. Restaurants c. Retail businesses d. Warehouses e. Recreation f. Conservation g. Alternative power plant h. Heavy industry i. Other (please specify) 5. What are the barriers to developing undeveloped land in Seward? (open ended) 6. Seward currently has a building height restriction of 34'. This height can approximately accommodate a 3-story building. In order to more fully utilize the limited land Seward has to build on while still protecting the viewshed and small-town character, how tall of buildings should be allowed in Seward? a. 1-2 stories b. 3 stories c. 4 stories d. 5 stories e. Other Housing 1. When considering existing housing and residential areas, identify if each of the following is a strength or weakness for Seward today. (Great Strength, Strength, Neutral, Weakness, Great Weakness) a. Character of residential neighborhoods b. Quality of housing c. Range of housing options d. Housing options for retirees e. Student housing f. Housing that appeals to young professionals g. Housing that appeals to new families h. The value and cost of homes i. Availability of affordable housing 15 Place Survey 2. How do you feel about the following the residential neighborhoods of Seward? (Serious problem, Concern, Not a problem) a. Cost of housing b. Condition of homes c. Vacant buildings d. Excessive trash or junk e. Vandalism f. Crime g. Homelessness h. Speeding i. Traffic congestion j. Pedestrian / Bike access k. Short-term rentals 1. Employee housing 3. What characteristics of a residential neighborhood do you value? (rank in order of importance) a. Slower vehicle speeds b. Pedestrian friendly c. Knowing who your neighbors are d. Orderly and clean yards e. Other (please specify) 4. Do you own your home? a. Yes b. No 5. If you do not own your home, what keeps you from purchasing a home? (open ended) 6. If you own a home or property, do you rent it out? (select all that apply) (leave blank if you don't own any property) a. Yes, as a short-term rental b. Yes, as a long-term rental c. No 7. What are the greatest barriers to purchasing a home in Seward? (Rank in order of greatest barrier to the least) a. Mortgage interest rates b. Price of homes c. Competition from second home buyers d. Poor quality of available homes (fixer -uppers) e. Vacant land - Cost to build a home 16 Place Survey 8. What are the greatest barriers to constructing homes on undeveloped land in Seward? (open ended) 9. What are the greatest barriers to renting in Seward? (Rank in order of greatest barrier to the least). a. Cost of monthly rent b. Cost of utilities c. Lack of available rentals d. Poor conditions of available rentals e. Rental space is too small (need more bedrooms / storage space) f. Don't accommodate pets 10. Seward should focus on this type of housing to help relieve the housing crisis. (Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree) a. Single-family b. Townhouse c. Duplex d. Multi -family (3-5 unit buildings) e. Multi -family (6-12 unit buildings) f. Multi -family (13+ unit buildings) 17 Economy Survey Economy Survey Business Retention and Expansion 1. What are the greatest barriers for year-round businesses? (rank from greatest barrier to least, 1 being the greatest barrier) a. Inadequate infrastructure b. Lack of sufficient year-round clientele c. Not as profitable as seasonal, tourism -based businesses d. Other (please specify) 2. What does Seward need to support year-round businesses? (rank from most important to least, 1 being the most important) a. Housing b. Improved infrastructure c. More commercially zoned land d. More commercial space to rent / buy e. Larger, year-round population f. Other (please specify) 3. What businesses and services does Seward lack? (open ended) 4. Is the lack of childcare a barrier to employment, either for an employee or employer? Explain (open ended) 5. What is your preference for economic growth within the community? a. Significantly reduced b. Reduced c. No growth d. Growth e. Significant growth 6. What is your preference for population growth within the community? a. Significantly reduced b. Reduced c. No growth d. Growth e. Significant growth 18 Economy Survey 7. Economic development should be balanced with the need to protect our natural resources. a. Strongly agree b. Agree c. No opinion d. Oppose e. Strongly oppose Tourism 1. Do you work in the tourism industry? a. Yes b. No 2. What industries benefit from independent travelers? (An independent traveler does not travel with a tour group and designs and controls their own itinerary) (Significantly Benefit, Moderately Benefit, Do not benefit) a. Restaurants b. Scenic Tours c. Adventure Tours d. Grocery stores e. Taxis f. Local shops g. Lodging h. Other (please specify) 3. What industries benefit from cruise ship travelers? (Significantly Benefit, Moderately Benefit, Do not benefit) a. Restaurants b. Scenic Tours c. Adventure Tours d. Grocery stores e. Taxis f. Local shops g. Lodging h. Other (please specify) 19 Economy Survey 4. Seward has an average of 100 cruise ships between the months of May -Sept. What is your preference for cruise ship visitation growth? a. Significantly reduced b. Reduced c. No change d. Increased e. Significantly increased 5. Other strategies Seward should implement to manage cruise ship visitation growth. (Strongly Support, Support, Neutral, Disagree, Strongly Disagree) a. Designate certain days of the week to be cruise ship free b. Limit the total number of cruise ships that can port in one day c. Limit the total number of cruise ships that can port between May -September d. Do nothing 6. List 3-5 places in Seward that you enjoy going to, but avoid in the summer due to tourist congestion? (open ended) 7. What impact does tourism travel have on the city's infrastructure? a. Significantly negative impact b. Moderately negative impact c. No impact d. Moderately positive impact e. Significantly positive impact 20 Public Feedback from July 16, 2024 Work Session Public Feedback People (What comes to mind when you think of people and Seward?) • Native history • Russian history • Seward History • Mountain people / Ocean people (where else do you have both?) • Qutekcak • Strong community — know your neighbor • Involved • Volunteer opportunities • The advantage of in -person communication — bumping into people o Common routes / activities • Walkable town • Bikeable town • Welcoming • Helpful — cooperation • Artists • Art educators • Teachers • K-12 students / youth o Recreation o Arts o Activities outside of school • Community health o Future city / hospital relationship? • Community engagement • Community well-being • School and other education opportunities o Avtec o Distant learning o Home school • Art and culture • Public communication? Newspaper? o Public media (more communications needed) 22 Public Feedback Place (What comes to mind when you think of `place' and Seward?) • Land use (zoning districts) o Conservation overlay / natural district o Mixed use zones • Housing o Affordable o Density / mix use vs suburban sprawl • Capital improvements o Need to be prioritized • Environment o Develop or preserve? o Global warming o Including wetlands and anadromous streams o Viewshed • Make a GIS overlay mapping all the items on these maps (city maps) • Co -locating activities at or in public facilities o e.g. railroad, Avtec, schools, Sea Life Center • Trails o Winter and summer • Winter indoor and outdoor gathering spots o Activities (movies / bowling / kids) • Future community art center • Studio space / gallery • Mountains • Nearby amenities o National Park o National Forest o Lowell Point o Bear Lake area • Downtown history walk (historical informational placards) • Connectors to places • Community gardens • Aging infrastructure • Avtec / SPRD collaboration 23 Public Feedback Economy (What comes to mind when you think of `economy' and Seward?) • Blue collar • Year-round industry • Historic jobs that have always been a part of Seward • Recruit using natural beauty / resources to entice • Special need services — job assistance • Support fishing industry • Boat and ship repair of all sizes • Seafood industry crisis • Energy efficiency and conservation • Weatherization of homes and businesses • Heat pump grants • Communication — local news — radio — social media o ONE community calendar • Power source for the community o Utilities • Teleworkers (remote workers?) • Workforce • Childcare • Seasonal housing • Year-round housing • Sea Life Center • Prison • Long-term care facility • Health Center • Entrepreneurship / Microbusinesses • Business retention and expansion • Tourism o Is Seward being oversold? o Should we limit mass visitors? • Advocate and accommodate year-round businesses • Seasonal vs non seasonal housing • Incentivize year-round business and housing • Cost of living • GIS map 24 Planning and Zoning Commission Rules of Procedures City of Seward, Alaska Planning and Zoning Commission R u/es of Procedures Adopted Date, Year TABLE OF CONTENTS INTRODUCTION SECTION I - GENERAL PROVISIONS RULE 1 RULE 2 RULE 3 RULE 4 RULE 5 RULE 6 RULE 7 RULE 8 RULE 9 RULE 10 RULE 11 ORGANIZATION OF THE COMMISSION COMMISSION PURVIEW COMMISSION APPOINTMENT LENGTH VACANT SEAT APPOINTMENTS COMMISSIONER TRAINING COMMISSIONER COMPENSATION RECOGNITION UPON RETIREMENT PRESIDING OFFICER ADMINISTRATION GIVING DIRECTION TO ADMINISTRATION APPLICATION OF RULES AND CONFLICT OF LAWS SECTION II - COMMISSION MEETINGS RULE 12 LOCATION RULE 13 TIME RULE 14 OPEN TO THE PUBLIC RULE 15 QUORUM RULE 16 MEETING DEFINITION RULE 17 RULE 18 RULE 19 RULE 20 RULE 21 SECTION RULE 22 RULE 23 RULE 24 RULE 25 RULE 26 RULE 27 RULE 28 RULE 29 SECTION RULE 30 RULE 31 RULE 32 RULE 33 REGULAR MEETING SPECIAL MEETING EXECUTIVE SESSION WORK SESSION MEETING PACKETS III - MEETING PROCEDURES SEATING ARRANGEMENT FORMS OF ADDRESS DECORUM RULES OF ORDER MOTIONS RESOLUTIONS VOTING RECONSIDERATION IV - MEETING AGENDA AGENDA TEMPLATE CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL & ATTENDANCE POLICY PAGE 4 5 5 5 5 5 6 6 6 6 7 7 7 7 8 8 8 8 8 9 9 9 10 10 10 10 11 11 11 12 12 14 14 14 27 RULE 34 CITIZEN COMMENTS ON ANY SUBJECT EXCEPT 14 THOSE ITEMS SCHEDULED FOR PUBLIC HEARING RULE 35 APPROVAL OF AGENDA AND CONSENT AGENDA 15 RULE 36 SPECIAL ORDERS, PRESENTATION, AND REPORTS 16 RULE 37 CONSENT AGENDA ITEMS 17 RULE 38 PUBLIC HEARING 17 RULE 39 UNFINISHED BUSINESS 18 RULE 40 NEW BUSINESS 19 RULE 41 INFORMATIONAL ITEMS AND REPORTS 19 RULE 42 CITIZEN COMMENTS 19 RULE 43 COMMISSION AND ADMINISTRATION COMMENTS 19 AND RESPONSES TO CITIZEN COMMENTS RULE 44 ADJOURNMENT 19 SECTION V — QUASI-JUDICIAL PROCEEDINGS RULE 45 QUASI-JUDICIAL MEANING 19 RULE 46 QUASI-JUDICIAL NOTIFICATION 20 RULE 47 DUE PROCESS 20 RULE 48 PROHIBITED EX PARTE COMMUNICATION 20 RULE 49 APPEALS 21 RULE 50 APPEAL HEARING AGENDA TEMPLATE 21 RULE 51 INTRODUCTION OF HEARING AND PROCEDURAL MATTERS 22 RULE 52 OPENING ARGUMENTS 22 RULE 53 PRESENT CASE 22 RULE 54 REBUTTAL 23 RULE 55 CLOSING ARGUMENTS 23 RULE 56 DELIBERATIONS IN EXECUTIVE SESSION 23 RULE 57 FINDINGS AND CONCLUSIONS 24 SECTION VI — RULES OF PERSONAL CONDUCT RULE 58 ETHICAL CONDUCT 24 RULE 59 OVERRIDING FAIRNESS IN FACT AND APPEARANCE 25 RULE 60 COMMISSIONER INTERACTIONS 25 RULE 61 OPEN RECORDS 25 RULE 62 CONFLICTS OF INTEREST 25 RULE 63 CONFLICT OF INTEREST PROCEDURE 27 AS = Alaska Statutes; SCC = Seward City Code; §= Section 28 INTRODUCTION Welcome to the Seward Planning and Zoning Commission. This packet of information has been put together by the Community Development Department to assist you in carrying out the duties of your office. Many of the provisions set forth in the following pages have been taken from the Seward City Charter, Seward City Code and the Alaska Statutes. These are generally followed by a citation in brackets indicating the particular section of Code which is being quoted or paraphrased, i.e. [SCC § 2.10.055]. Other provisions were approved by resolution when the Rules of Procedure for the Planning and Zoning Commission were adopted. The City of Seward is a home rule city founded in 1903 and incorporated in 1912. The home rule charter was adopted in 1960. The charter provides for the governing structure, function and services, and restriction on municipal powers in accordance with the conditions, needs and desires of the community The Kenai Peninsula Borough (KPB) was incorporated in 1964 as a second-class borough. As a general law municipality, its area -wide powers both inside and outside its cities include planning, platting and zoning as granted in AS 29.40. Therefore, Seward's planning, platting and land use regulation authority is delegated by the KPB as authorized by AS 29.40.010(b) and KPB Code of Ordinances 21.01.020A and 21.01.025. The Planning and Zoning Commission performs the following duties: 1. Interpret the provisions of the zoning code and makes compliance determinations when requested by the administrative official; 2. Review and act upon requests for variance permits, conditional use permits and other matters requiring consideration under the Seward Zoning Code; 3. Review the City of Seward Comprehensive Plan on an annual basis, conduct a minimum of one public hearing and forward recommendations to City Council for consideration; 4. Promote public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development; 5. Act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map and other duties as requested by the City Council; and 6. Act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding subdivision plat proposals; right-of-way and easement vacation petitions; Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan development, updates and amendments; and City of Seward Comprehensive Plan amendments not otherwise delegated to the City of Seward. 29 SECTION I — GENERAL PROVISIONS RULE 1. ORGANIZATION OF THE COMMISSION The Seward Planning and Zoning Commission consists of seven citizens that are appointed by City Council. In order to be eligible to serve on the Commission, a citizen must have resided within city limits continuously for at least one year prior to the date of application. Interested citizens can apply for a position on the Commission through the City Clerk's Office. If found eligible, an agenda item will be added to a City Council meeting where the Council will vote on the appointment. If there is more than one applicant for the position, the Council will appoint by ballot voting. An applicant must receive at least four votes in order to be appointed. Commissioners serve at the pleasure of the Council and may be removed from the Commission by the Council at any time before the expiration of their terms. The person so removed from office shall have the right to a public hearing before the Council concerning the cause for removal. No officer or employee of the city may be an appointed member of the Commission. RULE 2. COMMISSION PURVIEW The Planning and Zoning Commission is the body created to assist in the interpretation of Title 15 (Planning and Land Use Regulations) and Title 16 (Subdivisions). RULE 3. COMMISSION APPOINTMENT LENGTH Members of the Seward Planning and Zoning Commission are appointed for three-year terms that expire in February. The terms of all seven Commissioners are staggered so that only 2 or 3 terms will be completed in a year. After serving out a term, a commissioner may reapply with the City Clerk's Office to be appointed back to the Commission. [SCC § 2.30.215 A] RULE 4. VACANT SEAT APPOINTMENTS City Council may appoint any qualified person to fill a vacancy on the Planning and Zoning Commission. In that scenario, an appointed Commissioner would not serve a three-year term, but instead serve out the remaining three-year term of the vacant seat that was filled. [SCC § 2.30.215 B] RULE 5. COMMISSIONER TRAINING In the first year of their appointment, commission members will attend all offered training. [SCC § 2.30.215 C] The Planning and Zoning Commission has two line items in the city budget for Education & Training and Travel & Subsistence that is overseen by the Office of Community Development. Commissioners may use these funds to participate in additional training opportunities relevant to the work of the Commission with the approval of the Community Development Director. 30 RULE 6. COMMISSIONER COMPENSATION Commissioners shall be compensated for service on the Planning and Zoning Commission at the rate of $100.00 per month. Each Commissioner shall be paid quarterly on the payday for the first pay period ending in January, April, July and October of each year. [SCC 2.30.230] RULE 7. RECOGNITION UPON RETIREMENT Planning and Zoning Commissioners who retire or fail to be reelected after two or more terms on the Commission will receive an engraved gold pan in recognition of their service to the City. Commissioners who retire or fail to be reelected after one term on the Commission will receive a plaque in recognition of their service. Commissioners who do not complete their first term on the Commission will receive a certificate of recognition. RULE 8. PRESIDING OFFICER A chair and vice -chair of the Planning and Zoning Commission will be selected annually from and by the Commission during the first regular meeting in March or at the first regular meeting held after March if the Commission does not have quorum for their March meeting. The chair will preside at all committee meetings, may participate in discussion and vote on any matter of the Commission. In the absence of the chair, the vice -chair shall exercise all powers of the chair. In the absence of both the chair and vice -chair, the Commission will select at the beginning of the meeting one of the present Commissioners to serve as the presiding officer and that presiding officer shall exercise all powers of the chair. [SCC' 2.30.210 B] RULE 9. ADMINISTRATION As directed by the City Manager, the Community Development Depar liiient (referred to as the "administrative official") provides administrative support for the Planning and Zoning Commission. The Community Development Director and City Planner serve as the technical advisors of the Commission but shall not have the power to vote. The administrative official will attend all Commission meetings and will provide to the Commission the resources necessary for effective governance in planning, platting and land use regulation, including administrative support, training, advice, recommendations and facilitation of Commission meetings and actions. At regular meetings of the Commission, the administrative official will report on matters pertaining to the administration of planning, platting and land use regulation. The administrative official is authorized to receive, review and process all correspondence addressed to the Commission or to commissioners in their official capacity. Commissioners shall forward to the administrative official all correspondence pertaining to official business of the Commission. The City Clerk will support the Planning and Zoning Commission by properly advertising the meetings as required by the Alaska Open Meetings Act, attending the commission meetings and keeping a record of commission proceedings. [SCC § 2.30.217] 31 The Planning and Zoning Commission is not authorized to employ or direct the employment or removal of any administrative officer or employee of the City. [Charter of the City of Seward § 3.6 (c)] RULE 10. GIVING DIRECTION TO ADMINISTRATION The administrative official works for the City Manager who ultimately takes direction from City Council. The administrative official may not take direction from any individual member of the Planning and Zoning Commission if doing so would conflict with the wishes of the majority of the Commission, the City Manager or City Council. Commissioners may request the administrative official to provide research material as well as draft resolutions, memorandums or other documents related to Commission business. Such requests should be made at a meeting or work session to give dissenting members of the Commission the opportunity to object to the request and to assure the administrative official that the direction given is supported by a majority of the Commission. RULE 11. APPLICATION OF RULES AND CONFLICT OF LAWS These Rules of Procedure govern the procedures and practices of the Commission to the full extent that they are consistent with laws applying to the City. Whenever an ambiguity or conflict exists between these Rules and another law applying to the City, the law prevails. SECTION II — COMMISSION MEETINGS RULE 12. LOCATION All regular meetings and work sessions of the Planning and Zoning Commission are held in the Council Chambers in the Seward City Hall or at such other place as may be determined by the administrative official upon consideration of the reasonable accommodation of the public. [SCC § 2.30.220 A] RULE 13. TIME The regular meetings of the Planning and Zoning Commission are held on the 1st Tuesday of each month at 7:00 p.m. [SCC § 2.30.220 A] The work sessions of the Planning and Zoning Commission are held on the 3rd Tuesday of each month at 6:00 p.m. The administrative official may call for an additional work session at 5:30 p.m. on the first Tuesday of each month prior to the regular meeting. All regular and special meetings of the Commission must adjourn no later than 10:30 p.m. The Commission may not adjourn prior to 10:30 p.m. unless all agenda items have been addressed, 32 and presentations and comments by members of the general public have been heard. In the event the Commission's business has not been completed by the time set herein, the Commission may recess the meeting to another day, call a special meeting to complete the agenda and adjourn or adjourn. If the meeting is adjourned without making other provisions for the completion of the agenda items, then such uncompleted matters shall be presented at the next regularly scheduled Commission meeting under the agenda section for unfinished business. [SCC § 2.30.221] RULE 14. OPEN TO THE PUBLIC The state of Alaska's Open Meetings Act [AS 44.62.310-.312] requires that all meetings of a public entity's governing body be open to the public and that the body provide reasonable notice of its meetings. The Open Meetings Act is intended to ensure that decisions made and actions taken are public knowledge and represent the will of the public that the governing body serves. All meetings of the Planning and Zoning Commission are open to the public, except as provided in SCC § 2.10.033 (Executive Sessions). The public must be given a reasonable opportunity to be heard at all regular and special meetings. [SCC § 2.30.220 CJ RULE 15. QUORUM At all meetings of the Planning and Zoning Commission, four Commissioners who are present and eligible to vote constitute a quorum for the transaction of business. In the absence of a quorum, any number less than a quorum may adjourn a meeting to a later date. A Commission meeting adjourned at under the previous provision is considered a regular meeting for all purposes. [SCC §2.30.218] RULE 16. MEETING DEFINITION A meeting is generally defined as any gathering of four or more Commissioners (or a quorum, whichever is less) where city business is discussed. The word meeting includes every step of the inquiry, deliberations and decisional process by the Commissioners, including work sessions, investigations, fact -gathering, lobbying and informal discussions about matters of Commission business. RULE 17. REGULAR MEETING A regular meeting of the Planning and Zoning Commission refers to the periodic business meeting held monthly (first Tuesday of the month) where official city business is discussed. The Commission make take official action during their regular meetings. Regular meetings shall be conducted under the current edition of Robert's Rules of Order, Newly Revised Edition. RULE 18. SPECIAL MEETING A special meeting of the Planning and Zoning Commission may be held at the call of the chair or the city manager. Notice of the special meeting will be prepared in writing by the administrative official. The notice must contain the time, place and business to be transacted. 33 No business shall be transacted at any special meeting of the Commission except that stated in the meeting notice. The location of the special meeting shall be selected with consideration for the reasonable accommodation of the public. Special meetings will be facilitated in the same manner as a regular meeting. RULE 19. EXECUTIVE SESSION Executive sessions are defined as the part of a public meeting from which the public may be excluded. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. Executive sessions should be part of a regular meeting or special meeting and should state the purpose for the session with particularity. Action may not be taken at an executive session except to give direction to an attorney. The following items are generally permissible to discuss in executive session: (a) Matters that the immediate knowledge of would have an adverse effect upon the finances of the city. [AS 44.62.310 c.1] [SCC § 2.10.033 E.1] (b) Subjects that tend to prejudice the reputation and character of any person provided that the person may request a public discussion. [AS 44.62.310 c.2] [SCC § 2.10.033 E.2] (c) Matters which by law, municipal Charter or ordinances are required to be confidential. [AS 44.62.310 c. 3] [SCC § 2.10.033 E. 3] (d) Matters involving consideration of government records that by law are not subject to public disclosure. [AS 44.62.310 c.4] [SCC § 2.10.033 E.4] RULE 20. WORK SESSION Work sessions of the Planning and Zoning Commission are convened for the purposes of planning, studying and discussing any questions permitted by law pertaining to items that fall under the purview of the Commission. No action shall be taken by the Commission on any matters discussed in the work session until the matter is placed on a regular or special meeting agenda. The chair may, in his or her discretion, relax Robert's Rules of Order and other measures designed for conducting formal proceedings. RULE. 21. MEETING PACKETS The administrative official will prepare a meeting packet prior to Commission meetings, including work sessions. The packet will include the agenda for that meeting and all resolutions, reports, documents and information pertinent to items listed on that agenda. SECTION III — MEETING PROCEDURES 34 RULE 22. SEATING ARRANGEMENT The chair shall sit at the center of the dias and the vice -chair shall sit on the immediate left hand side of the chair. The rest of the seats shall be assigned in order of seniority with those newest Commissioners filling the outermost seats on the dias. RULE 23. FORMS OF ADDRESS The chair shall be addressed as "Mr./Madam Chair" or "Chair (surname)". The vice -chair, when acting for the chair, shall be addressed as "Mr./Madam Vice -Chair" or "Vice -Chair (surname)". Members of the Commission shall be addressed as "Commissioner (surname)". RULE 24. DECORUM Commissioners: When the Commission is in session, Commissioners must preserve order and decorum and no Commissioner shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission, nor disturb any Commissioner while speaking, nor refuse to obey the orders of the Commission or the person presiding. Other persons: Any person making personal, impertinent, threatening or slanderous remarks, or who shall become boisterous while addressing the Commission, shall immediately, be barred by the presiding officer, from further audience at the meeting before the Commission, unless permission to continue be granted by a majority vote of the Commission. RULE 25. RULES OF ORDER All meetings shall be conducted in accordance with the current edition of Robert's Rules of Order, Newly Revised. The City Clerk shall serve as parliamentarian and shall advise the presiding officer as to correct rules of procedure of specific rule application. [SCC 2.10. 086 A] The Commission adopts parliamentary procedure as the normal and customary rules of order for the conduct of Commission meetings. However, the presiding officer may relax parliamentary procedure to facilitate discussion or to add reasonable efficiency to the conduct of meetings. The presiding officer may move, second and debate from the chair, subject only to the limitations of debate imposed by the code and charter on all Commissioners and shall not be deprived of any of the rights and privileges of a Commissioner by reason of acting as presiding officer. Every Commissioner desiring to speak shall address the chair, and upon recognition by the presiding officer, shall speak to the question under debate, avoiding all improper language and references to personalities. A Commissioner, once recognized, shall not be interrupted in speaking unless to call the member to order. If a Commissioner, while speaking, is called to order the member shall cease speaking until the question of order be determined and, if in order, the member shall be permitted to 35 proceed. RULE 26. MOTIONS A motion in this context is a formal request by a Planning and Zoning Commissioner for the Commission to make a decision about an item under the purview of the Commission. A motion shall be stated in the affirmative. Another Commissioner must second a motion before further consideration can occur and that motion dies for lack of a second if no other Commissioner endorses the proposal. Existing law, these Rules of Procedure and Robert's Rules of Order, Newly Revised respectfully govern procedures pertaining to discussion of a motion. After discussion, the City Clerk will call for a vote on the motion. Once a motion is duly adopted or rejected, it shall be recorded in the official record of the Commission as a decisional action by the Commission. RULE 27. RESOLUTIONS A resolution is a main motion of such importance or length as to be in writing, usually containing a preamble of "Whereas" clauses giving foundational reasoning or findings leading to the actual resolution. The Commission shall process decisional matters in the form of a resolution when required by law, including when entertaining requests for conditional use permits, zoning variances, sign variances and floodplain management variances. The Commission may act by resolution in any other instances where the action or expression of policy or advice warrants a form of expression more formal or detailed than a simple motion. A reasonable number of printed copies of all proposed resolutions on the agenda shall be available for public inspection at that Commission meeting. The title of each resolution on the regular business agenda must be read prior to the vote on passage. The titles of all resolutions passed in the consent agenda must be read only after passage. The final decisional vote on a resolution may occur on the same day it is introduced. Unless otherwise stated, a Commission resolution takes effect at the time of passage. However, a Commission resolution adopted pursuant to any zoning provision of the Seward City Code Chapter 15.10 becomes effective when the approved resolution has been posted in at least three public places continuously for ten days. RULE 28. VOTING The presiding All votes shall be taken by roll call vote by the City Clerk. The voting sequence shall be alternated for each meeting with the chair always voting last. Each Commissioner shall answer by the word "yes" or "no". All Commissioners, unless lawfully excused, shall vote on each question before the Commission. If a Commissioner refuses or fails to vote, that Commissioner's vote shall be recorded and counted as if cast on the prevailing side. The affirmative votes of at least a majority of those Commissioners present shall be required for official action unless a larger majority is required by law. [SCC 2.30.223] The City Clerk shall record how each Commissioner voted on the motion. For motions pertaining to matters of minor importance or when there appears to be no opposition to the motion, the chair may in his or her discretion call for unanimous consent rather than a roll 36 call vote. An objection to unanimous consent by any Commissioner is non -debatable, and will require reverting to a roll call vote in accordance with subsection (a) above. RULE 29. RECONSIDERATION A motion to reconsider may be applied to any resolution or action of the Commission and has precedence over all motions except the motion to adjourn. A Commissioner may make a motion to reconsider only if the Commissioner voted on the prevailing side on the questions to be reconsidered and if the Commissioner makes a motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken or the Commissioner files with the City Clerk not later than 5:00 p.m. on the first city business day following the day on which the vote was taken a written notice of intent to reconsider and then makes the motion to reconsider at the next regular Commission meeting. A motion to reconsider requires a two-thirds vote to carry. Only one motion to reconsider will be entertained on a particular item. Motions may not be reconsidered if a motion can be renewed within a reasonable time or when practically the same result can be obtained by some other parliamentary motion. SECTION IV — MEETING AGENDA RULE 30. AGENDA TEMPLATE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed under Item 7. Consent Agenda items are not considered separately unless a commissioner requests. In the event of such a request, the item is returned to the Regular Agenda. Marked with *.) 6. SPECIAL ORDERS, PRESENTATIONS, AND REPORTS A. Proclamations and Awards 1) Proclamation B. City Administration Report C. Other Reports and Announcements 1) Report 37 D. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by the commission.) 1) Presentation 7. CONSENT AGENDA A. Minutes of Preceding Meeting 1)* Approve DATE Planning & Zoning Commission Meeting Minutes B. Resolutions 1)* Resolution 2024-, Auth C. Other Items 1)* Discuss 8. PUBLIC HEARINGS (Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Resolutions Requiring Public Hearing 1) Resolution 2024-, Auth 9. UNFINISHED BUSINESS A. Resolutions 1) Resolution 2024-, B. Other Items 1) Discuss 10. NEW BUSINESS A. Resolutions 1) Resolution 2024-, Auth B. Other New Business 1) Discuss 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Reminder of Meetings 1) Regular Meeting on DATE B. Other Items 1) Report on 38 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.) 13. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. ADJOURNMENT RULE 31. CALL TO ORDER The chair will gavel in the meeting and call it to order. The chair will serve as the presiding officer at all meetings of the Planning and Zoning Commission and should be addressed as "Mr./Madam Chair" or "Chair (surname) " RULE 32. PLEDGE OF ALLEGIANCE The presiding officer will ask a member of the Planning and Zoning Commission or administration to lead the Pledge of Allegiance. RULE 33. ROLL CALL & ATTENDANCE POLICY The City Clerk will take roll to determine which Commissioners are in attendance and if a quorum is established. If a Commissioner is unable to attend the meeting, the absence will be considered excused if, except in emergency situations, notice is given at least 48 hours prior to the meeting stating the reason for the member's inability to attend the meeting. Notice should be given to the City Clerk and the Office of Community Development. The City Clerk will inform the presiding officer of the excused absence request prior to the meeting and the presiding officer will rule whether the absence is excused or unexcused. When calling roll for the meeting, the City Clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the City Clerk will make an appropriate notation in the minutes. If a member has two consecutive unexcused absences, three unexcused absences total, misses eight meetings in an appointment year or has a record of attendance which shows disregard for the position and hinders the function of the Commission, administration will inform City Council and the Council may remove the member from the Commission. [SCC § 2.30.216] RULE 34. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The Planning and Zoning Commission shall provide the opportunity for the public to be heard at regular and special meetings in accordance with [AS 29.20.020]. At this point in the meeting, the public has the opportunity to share with the Commission any thoughts or concerns not related to public hearing items that are on the meeting agenda. The public will have the opportunity to share any thoughts on the public hearing item later in the meeting during the public hearing. A member of the public wishing to speak will state their name for the record and whether or not they live inside Seward city limits Time is limited to three minutes per person with a total of 36 minutes allocated to this section of the meeting. Any 39 member of the public wishing to speak may sign in prior to the meeting informing the City Clerk of their intent to speak. Those who have signed in will be given the first opportunity to speak in the order of which they signed in. After all signed in members of the public have spoken, the presiding officer will ask anyone else in attendance if they would like to speak. During any session of citizens' comments and during any public hearing, the presiding officer may: (a) Avoid repetition in testimony by requiring an identifiable group to choose one or more spokesperson to address the Commission, if the presiding officer decides in his or her discretion that the group of citizens is present at the meeting to offer public comments or testimony that expresses the same or a very similar set of reasons and comments in support of the same or a very similar position on an issue; and (b) Modify either or all of the individual time limits for presentations, the number of citizens commenting or testifying, or the total time allotted for all comments or testimony. A person desiring to address the Commission shall address all remarks to the Commission as a body and not to any member of the Commission. No person other than a Commissioner and the person having the floor shall be permitted to enter into any discussion without permission from the presiding officer. No person or group shall disrupt a Commission meeting. RULE 35. APPROVAL OF AGENDA AND CONSENT AGENDA The Commission will vote to approve the current meeting's agenda and consent agenda. (a) Agenda: a. The administrative official will place on the agenda any appropriate item of legitimate information or Commission business. Commissioners and members of the public may request an item to be placed on the agenda. The administrative official will only add the requested item to the agenda if the item falls under the purview of the Commission. No matters other than those on the agenda may be acted upon by the Commission. b. The administrative official will place an appropriate item on the agenda once there has been sufficient time for administrative review and public notice, which is at least two weeks prior to the next regular meeting if the item does not require a public hearing, and at least three weeks prior to the next regular or special meeting if the item does require a public hearing (such as a variance, conditional use permit or plat review). The administrative official may postpone adding an item to the agenda for an additional reasonable time if the item requires further research and analysis for staff recommendations. In this case, the administrative 40 official will provide an update to this item in the City Administration report. c. Matters that seem to be emergencies or of an urgent need by the chair, any Commissioner or the administrative official, with an explanation of the emergency or urgency stated in the open Commission meeting, may, with the consent of the Commission majority present, be considered and acted upon by the Commission. d. Prior to voting on the approval of the agenda, the Commission may delete or defer an item of the agenda to a subsequent meeting upon the request of a single Commissioner if there is no objection from the remaining Commissioners. If any Commissioner objects, the item can be deleted or deferred only by a formal motion approved by a majority of those Commissioners present and voting. e. Once the Commission has adopted the motion approving the agenda, no subject matter other than those items on the agenda may be brought to a vote for formal action or decision at that meeting. (b) Consent Agenda: a. City Administration Items on the Planning and Zoning Commission's meeting agenda which are considered routine by the administrative official and City Clerk shall be put on the consent agenda and marked with an asterisk on the meeting agenda. The City Clerk will read into the record the items listed on the consent agenda. All items appearing under the consent agenda are approved with a single motion, no discussion and a single vote. b. If a Commissioner does not approve of an item being on the consent agenda or wishes to engage in further discussion on an item on the consent agenda, a Commissioner may request that a specific item be removed from the consent agenda. If an item is removed from the consent agenda, the item shall be considered under the regular meeting agenda. RULE 36. SPECIAL ORDERS, PRESENTATION, AND REPORTS Proclamations and Awards: The presiding officer will be responsible for facilitating the reading of any proclamation and the announcement of any award. The presiding officer may ask another member of the Commission to read the proclamation or present the award. City Administration Report: The Office of Community Development will present any city administration information updates that are relevant to the public or the work of the Planning and Zoning Commission. Other Reports and Announcements: The administrative official will add any additional reports or announcements that are relevant to the public or the work of the Planning and Zoning 41 Commission to the meeting agenda. Presentations: The administrative official may schedule a presentation during the Planning and Zoning Commission's regular meeting. The presentation topic would be relevant to the work of the Commission. Presentations are limited to ten minutes each, excluding questions and answers, and are limited to two per meeting unless increased by the Commission. RULE 37. CONSENT AGENDA ITEMS Any item on the consent agenda may be removed from the consent agenda and moved to the regular meeting agenda in accordance with Rule 35 of this document. The following items may appear on the consent agenda: (c) Minutes of Preceding Meeting: This is a written recording of the previously held Planning and Zoning Commission regular meeting. (d) Resolutions: Resolutions may appear on the consent agenda if the administrative official considers the resolution routine and expects it to pass unanimously. (e) Other Items: Other items may be put on the consent agenda at the discretion of the administrative official. RULE 38. PUBLIC HEARINGS A public hearing is an item on the meeting agenda where members of the public can hear information about official governmental business and have the opportunity to voice their thoughts and opinions on it. A sign -in sheet shall be provided for those wishing to address the Planning and Zoning Commission under "Public Hearings". Prior to the start of the public hearing, the presiding officer will first recognize those whose names appear on the sign -in sheet. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing all persons who have signed in and wish to be heard shall be heard. Those testifying under public hearings must limit their comments to 5 minutes. Citizens giving testimony may not ask questions of a Commissioner or the administrative official. However, Commissioners may ask questions of citizens giving testimony, and the time allotted to a citizen for public testimony shall be extended automatically to provide additional time which is reasonably sufficient to answer all questions posed. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. A person speaking for a second time shall limit their testimony to not more than one minute. The procedures for a public hearing of an item on the agenda are as follows: (a) The presiding officer introduces the agenda item. (b) The presiding officer inquires if there is a motion by any Commissioner. If a motion is made, it shall be in the form of an affirmative motion. 42 (c) Following the motion and its second, the presiding officer calls upon the administration official to describe the matter under consideration. (d) The presiding officer opens the public hearing, and announces the following Rules of Order: a. All comments by proponents, opponents or the public shall be made from the speaker's podium and any individual making comments shall give their name, state whether they live inside or outside city limits in an audible tone of voice for the record and shall limit their remarks to 5 minutes. This is required because an official record of the public hearing is being made. No comments shall be made from any other location except the podium, and anyone making "out of order" comments may be subject to removal from the meeting. b. There will be no demonstrations during or at the conclusion of anyone's presentation. c. These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard and to ensure that no individual is embarrassed by exercising their right of free speech. (e) The presiding officer opens the floor to those on the sign -in sheet in the order which they appear on the sheet. (f) The presiding officer calls for additional comments from the audience. (g) The presiding officer closes the public hearing. (h) Following the public hearing, discussion occurs among the Commission. The presiding officer may call on individual Commissioners in the discussion. The presiding officer inquires if there is any further discussion by the Commissioners. (i) The presiding officer inquires if there are any final comments or recommendations from administration. (j) The presiding officer inquires of the Commissioners as to whether they are ready to vote. (k) The City Clerk shall conduct a roll call vote. RULE 39. UNFINISHED BUSINESS The Planning and Zoning Commission will take up any postponed agenda item from a previous meeting at this time. 43 RULE 40. NEW BUSINESS Resolutions: Any resolutions that do not require a public hearing will appear in new business. Other New Business: (a) The Commission will confer with the administrative official to decide the work session topic(s) for the next scheduled work session. (b) At the discretion of the administrative official, any other items of discussion that do not fall within the parameters of the rest of the meeting agenda will be placed in new business. RULE 41. INFORMATIONAL ITEMS AND REPORTS Reminder of Meetings: The next work session and regular meeting dates and times will be posted. Other Items: At the discretion of the administrative official, any other informational items or reports that do not fall within the parameters of the rest of the meeting agenda will be placed in informational items and reports. RULE 42. CITIZEN COMMENTS At this point in the meeting, the public has the opportunity to share with the Planning and Zoning Commission any final thoughts or concerns before the meeting adjourns. A member of the public wishing to speak will state their name for the record and whether or not they live inside Seward city limits. Time is limited to five minutes and there is no sign in process for this comment period. The order in which members may speak will be at the discretion of the presiding officer. RULE 43. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITZEN COMMENTS Every Commissioner and administrative staff member will have the opportunity to state for the record any responses to citizen comments and/or final comments before adjournment. RULE 44. ADJOURNMENT The presiding officer will adjourn the meeting. SECTION V — QUASI-JUDICIAL PROCEEDINGS RULE 45. QUASI-JUDICIAL MEANING 44 Quasi-judicial is a legal term that describes a proceeding that has some of the characteristics of a court, but is conducted by an administrative official or organization, rather than a judge. In the case of the Planning and Zoning Commission, the Commission has the authority to conduct and make decisions in a quasi-judicial proceeding on matters under the jurisdiction of the Commission. Anytime the Commission decides on a conditional use permit, variance or an appeal of administrative decisions is an example of a quasi-judicial proceeding for the Commission. RULE 46. QUASI-JUDICIAL NOTIFICATION Whenever the Planning and Zoning Commission will be tasked with conducting a quasi- judicial proceeding or whenever the administrative official issues a final decision in an appealable matter pertaining to the jurisdiction of the Commission, the administrative official shall forward all relevant information to each Commissioner. This will include a notification to each Commissioner that the Commission immediately becomes a quasi-judicial body of impartial adjudicators obligated to render a fair, due -process review and decision in the event of an appeal of the matter. RULE 47. DUE PROCESS Due process in a quasi-judicial context includes the right of all parties to a fair hearing, which in turn includes: (a) The right to reasonable notice of hearings; (b) The right to be heard by every participating Commissioner; (c) The right to question all witnesses giving testimony to every participating Commissioner; (d) The right to examine all evidence considered by every participating Commissioner; (e) The right to refute all statements and all evidence considered by every participating Commissioner; and (f) The right to expect that all evidence and testimony considered by every participating Commissioner will be introduced and secured in a record for further appeal. RULE 48. PROHIBITED EX PARTE COMMUNICATION Ex parte communication is a communication relevant to the merits of a case that takes place between one party and the Planning and Zoning Commission without the other party's knowledge or consent, or between any party and any member of the Commission without the other party's and other Commissioner's knowledge or consent. A communique is ex parte when a Commissioner receives evidence or hears testimony outside of a duly noticed public hearing 45 or without the knowledge and participation of all Commissioners and all parties of the proceeding. To allow proper due process, all Commissioners are strictly prohibited from engaging in any ex parte communications or ex parte review of evidence pertaining to any matter of the quasi- judicial proceeding. The period of prohibition begins when the Commission is notified that they will be engaging in a quasi-judicial proceeding or when the Commission is notified that the administrative official has issued a final decision that may be appealed to the Commission. The period of prohibition ends when the full time allowed for appeal at any level has ended and no appeal was filed, or when all levels of appeal have been exhausted. If any ex parte communication takes place with a Commissioner, that Commissioner shall notify the Commission at the beginning of the quasi-judicial proceeding. RULE 49. APPEALS Any person or persons aggrieved by an action or determination taken under Title 15 may appeal said action or determination. Appeals of actions and determinations of the administrative official are heard by the Seward Planning and Zoning Commission. [SCC § 15.10.410E&F] RULE 50. APPEAL HEARING AGENDA TEMPLATE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. INTRODUCTION OF HEARING AND PROCEDURAL MATTERS 5. OPENING ARGUMENTS A. Appellant: 5 minutes B. Administrative Official: 5 minutes 6. PRESENT CASE A. Appellant: 20 minutes B. Administrative Official: 20 minutes (The opposing party may cross-examine for a period not exceeding 5 minutes per witness. This shall not count against the 20 minutes) 46 7. REBUTTAL A. Appellant: 10 minutes B. Administrative Official: 10 minutes (The opposing party may cross-examine for a period not exceeding 3 minutes per witness. This shall not count against the 10 minutes) 8. CLOSING ARGUMENTS (Following a break for preparation time) A. Appellant: 5 minutes B. Administrative Official: 5 minutes 9. EXECUTIVE SESSION — To deliberate and prepare findings of fact and conclusions of law 10. ADJOURNMENT RULE 51. INTRODUCTION OF HEARING AND PROCEDURAL MATTERS The presiding officer shall introduce the subject of the appeal and shall conduct the appellate hearing with a level of flexibility or formality tailored to the level of representation (lawyers or lay appellants pro per) and the level of contentiousness of the issues on appeal. Unless a majority of the Commission present as hearing officers provides otherwise for stated reasons of improving fairness and impartiality, the presiding officer will conduct the hearing in the spirit of recommended guidelines and suggested time limits in the following Rules. RULE 52. OPENING ARGUMENTS The appellants, and then the administrative official, shall each be allotted five minutes for opening oral arguments to summarize the evidence and testimony they will use to support the positions they will advocate during the hearing. RULE 53. PRESENT CASE First the appellants, and then the administrative official, will each be allocated 20 minutes to present evidence and testimony supporting their respective principal case. The chair will restrict these presentations to evidence and testimony of each party's principal case, and will not allow oral argument of a position during this phase of the proceeding. All witnesses must testify under oath, administered by the City Clerk or his or her designee. Witnesses may testify either in narrative form, or in the form of responses to questions posed by the appellant or its lawyer. The opposing party may cross-examine any and all witnesses presented by the other party, for a period not exceeding five minutes per witness. The time devoted to cross-examination of a 47 witness shall not count against the 20 minutes allotted to the party for the presentation of evidence and testimony. Following an allotted time for cross-examination, any Commissioner may question any witness on any matter relevant to any issue on appeal, without being restricted to prior subject matters raised on direct or cross-examination. The time devoted to questing of a witness by Commissioners shall not count against the 20 minutes allotted to the party for the presentation of evidence and testimony. RULE 54. REBUTTAL First the appellants, and then the administrative official, will each be allocated 10 minutes to rebut with additional evidence or testimony the prior evidence or prior testimony of the other party. The chair will restrict these presentations to evidence and testimony addressing specifically the subject matters raised by the other party in its principal case, and will not allow oral argument of a position during this phase of the proceeding. All witnesses must testify under oath, administered by the City Clerk or his or her designee. Witnesses may testify either in narrative form, or in the form of responses to questions posed by the appellant or its lawyer. The opposing party may cross-examine any and all witnesses presented by the other party, for a period not exceeding three minutes per witness. The time devoted to cross-examination of a witness shall not count against the 10 minutes allotted to the party for the presentation of evidence and testimony. Following an allotted time for cross-examination, any Commissioner may question any witness on any matter relevant to any issue on appeal, without being restricted to prior subject matters raised on direct or cross-examination. The time devoted to questing of a witness by Commissioners shall not count against the 10 minutes allotted to the party for the presentation of evidence and testimony. RULE 55. CLOSING ARGUMENTS Following a break of 10-15 minutes for preparation time, the appellants, and then the administrative official, shall each be allotted five minutes for closing oral arguments, to summarize the evidence and testimony supporting the positions they have advocated during the hearing. RULE 56. DELIBERATIONS IN EXECUTIVE SESSION Following the close of the appellate hearing, the Commission shall adjourn the meeting, and conduct its deliberations and decisional process in a closed session at a time and place convenient for Commissioners, unless a majority of the Commission decides to continue some or all of the process in open session. 48 RULE 57. FINDINGS AND CONCLUSIONS Within 60 days of following the filing of an appeal, the Commission shall issue its decision in the form of written findings of fact and conclusions of law. SECTION VI — RULES OF PERSONAL CONDUCT RULE 58. ETHICAL CONDUCT Planning and Zoning Commissioners should make all decisions only in the best interests of the community of Seward as a whole, and never for personal gain or to give unwarranted benefit or treatment to any person or entity. When in doubt as to whether a matter or circumstance raises ethical concerns in the performance of the official business of the Commission, a Commissioner should seek expert advice through the resources available to the administrative official. Commissioners shall disclose on the public record of the Commission any interest of his or hers, or of any immediate family member, that may tend to give the appearance of unethical conduct in the performance of official business, including not only interests and relationships with private parties but also interests in grants, contracts, leases, loans or other business dealings administered by the City of Seward. Disclosures should always include all information necessary for a correct evaluation of the matter. Commissioners may not: (g) Use their official position to secure employment or contracts; (h) Use or disclose information acquired through the Commission if that use or disclosure could result in a financial or personal benefit to any person, including a Commissioner or immediate family member, unless the information has already been disseminated to the public; (i) Accept remuneration or gifts from anyone for the performance of their official duties; (j) Use their official position for their own personal or financial benefit or for partisan political purposes; (k) Take or withhold official action on a matter in which they have a personal or financial interest; (1) Attempt to influence an outcome for his or her personal or financial benefit; or (m)Aid any Commissioner or city employee in violating this section. 49 RULE 59. OVERRIDING FAIRNESS IN FACT AND APPEARANCE Fairness is the touchstone of credible governance in American democracy. Therefore, all inquiries, deliberations and decisions by every Planning and Zoning Commissioner in public service should always be founded in: (a) Adequate preparation beforehand; (b) Full compliance with applicable laws and rules; (c) Equality of opportunity for all citizens to be heard; (d) Attentive and courteous listening to and weighing of all points of view; (e) Impartiality deriving from an acknowledgement and a countering of personal prejudices; and (f) Paramount consideration of the best interests of the community as a whole. Commissioners in public service should always gauge their conduct on the side of caution to avoid any appearance of an unlawful conflict of interest, any appearance of favoritism, any appearance of participation in unlawful closed sessions or any appearance of unlawful ex parte communications. RULE 60. COMMISSIONER INTERACTIONS Every individual Commissioner is charged with the ethical and legal responsibility to ensure full compliance with Alaska's Open Meetings Act. While it technically would not be a violation of the Open Meetings Act if a majority of Commissioners were gathered and not discussing city business, it is strongly encouraged that Commissioners do not put themselves in that position to avoid any public perception that the Commission may be holding a meeting that was not publicly noticed and open to the public. This includes in person interactions as well as group forms of online communication such as email chains and group text messaging. RULE 61. OPEN RECORDS When acting as a Planning and Zoning Commissioner, it is important to communicate in a professional manner as all records, except as provided by Seward City Code [SCC § 2.05.030] or by other provision of municipal, state or federal law, are open to inspection by the public. Every Commissioner shall, promptly upon receipt, deliver to the administrative official any item given to them pertaining to official business of the Commission. RULE 62. CONLICTS OF INTEREST Planning and Zoning Commissioners shall be required to complete the financial disclosure 50 statement form, as prescribed and approved by the City Council, when initially applying for a vacant elected or appointed position, and annually thereafter so long as they hold the position. [SCC § 2.01.020 A] Commissioners, while acting in such capacity, shall not knowingly make false statements to influence official action. [SCC § 2.01.020 B.2] Commissioners shall not seek office or position or use their office or position for the purpose of obtaining anything of value for the Commissioner, an immediate family member, or a business owned by the Commissioner or in which the Commissioner holds an interest, or for the purpose of influencing any matter in which the Commissioner has a substantial financial interest. [SCC § 2.01.020 B.3] Substantial financial interest means a financial interest that would result in a pecuniary gain or loss exceeding $1,000 in a single transaction or more than $5,000.00 in the aggregate in 12 consecutive months. [SCC § 2.10.046 G] Commissioners shall not use the implied authority of office or position for the purposes of unduly influencing the decisions of others or promoting a substantial personal interest within the community except when discussing in a public meeting a matter before the body. Commissioners shall refrain from using their title except when duly representing the city in an authorized capacity. Unless expressly authorized to represent an official position of the city or a body of the city, Commissioners shall refrain from implying their individual representation is that of the City of Seward by the use of their title. [SCC § 2.01.020 B.4] Commissioners shall not, for compensation, represent or assist those representing private business or personal interests before the city council, administration, or any borough board, commission or agency. Nothing herein shall prevent a Commissioner from making verbal or written inquiries on behalf of constituents or the general public to members of the City Council or from requesting explanations or additional information on behalf of such constituents. No Commissioner may solicit or accept a benefit or anything of value from any person for having performed this service. [SCC § 2.01.020 B. S] Commissioners may not disclose information they know to be confidential concerning employees of the city, city property, city government, or other city affairs, including but not limited to confidential information disclosed during an executive session, unless authorized ore required to do so by law. [SCC § 2.01.020 B. 6] Commissioners may not engage in business or accept employment with, or serve as a state elected official or appointed official or render services for persons where that activity, office, or position is incompatible with the proper discharge of the Commissioner's duties or would tend to impair the Commissioner's independence of judgment in performing their duties. [SCC 5C 2.01.020 B. 7] For one year after leaving office, Commissioners shall not hold any compensated city office or employment that was created, or the salary or benefits of which were specially increased, in a vote by the council during the last year the Commissioner was in office. [SCC § 2.01.020 B.8] 51 Commissioners shall not accept a gratuity from any person engaging in business with the council or having a substantial financial interest in a decision pending with the city. No Commissioner shall give a gratitude to another municipal office for the purpose of influencing that person's judgment, action, decision, or exercise of discretion as a Commissioner. This does not prohibit accepting: (a) A meal of reasonable value; (b) Discounts or prizes that are generally available to the public or large sections thereof; (c) Gifts presented by an employer to its employees in recognition of meritorious service, or civic or public awards; (d) A lawful campaign contribution made to a candidate for public office; (e) An occasional gift of insignificant value; (g) Any gift which would have been offered or given to the Commissioner even if the Commissioner were not a Commissioner. [SCC § 2.01.020 B.9] (h) Commissioners may not use, request or permit the use of city vehicles, equipment, materials or property for any non -city purpose, including but not limited to private financial gain, unless that use is available to the general public on the same terms or unless specifically authorized by City Council. [SCC § 2.01.020 B.10] (i) Commissioners may not take an active part in a political campaign or other political activity during an official meeting. [SCC § 2.01.020 B.11] (j) Commissioners may not place items on the dias in such a manner as to outwardly display to the public anything of an ideological nature. Ideological is defined as based on or relating to a system of ideas and ideals, especially concerning economic or political theory and policy. [SCC § 2.01.020 B.12] (k) Commissioners may not attempt to influence another municipal officer's vote or position on a particular item through contact with the municipal officer's employer or by threatening financial harm to another municipal officer. [SCC § 2.01.020 B.13] RULE 63. CONFLICT OF INTEREST PROCEDURE A Planning and Zoning Commissioner should disclose any potential conflict of interest, no matter how remote, and ask the presiding officer to rule on whether a conflict does exist. This disclosure should be made prior to discussion or vote on the issue. The presiding officer will then rule whether a conflict of interest sufficient to disqualify the Commissioner from participating in the matter then before the Commission does exist. 52 Once the presiding officer rules on the question of conflict, any member of the Commission disagreeing with the ruling so given may make a motion to appeal the ruling of the presiding officer. This motion requires a second and is debatable. Only a majority of NO votes could overturn the ruling of the presiding officer. The Commissioner affected may not vote on such determination. Anyone seeking to disqualify a Commissioner from participating in a decision on the basis of a perceived conflict of interest which has not been declared must raise the challenge as soon as the basis for disqualification reasonably should have been made known prior to the onset of debate and vote. The party seeking to disqualify the Commissioner shall state with specificity the basis for disqualification. The presiding officer would then rule on the potential conflict of interest as outlined. This ruling may be challenged by a Commissioner. 53 Proposed Edits to: Title 15.20 - Signs Chapter 15.20. Signs 15.20.010 Purpose and scope. It is the purpose of this chapter to promote: A. The protection of the health, safety, property and welfare of the citizens of Seward, and aesthetics of the community; B. Commercial and civic communications that accommodate the need of the community to convey information to the public; C. The protection and enhancement of the historic charm and natural beauty, and the visual character and identity of the community, by the thoughtful placement and design of signs; D. Flexibility and incentive for creative and innovative sign designs; E. The proper maintenance of signs; and F. Consistency with the goals and objectives of the Seward Comprehensive Plan. (Ord. 98-02) 15.20.015 Definitions. For purposes of this section, the following definitions pertaining to signs shall apply: Abandoned sign. (Prohibited) A sign or sign structure which has not identified or advertised a current 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:; or that is no longer licensed or has a certificate of occupancy; or is located on a property where no building is located or where the use of the property has been removed; or is damaged, in disrepair, unmaintained, or vandalized and not repaired within ninety (90) days upon notification. Address sign. A sign that designates the street number for identification purposes (see 12.01.020) Animated sign. (Prohibited) Any sign which uses any type of movement or illusion of movement or change of lighting to depict action or to create a special effect or scene. Audible Sign. (Prohibited) Any sign which emits a sound which is able to be heard or emits a signal which can be converted into sounds, whether by radio or other means. Awning A structure proiectinj' beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Awning sign. A sign that is a part of or attached to an awning 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. Banners do not include Flags 55 as defined by this Chapter National fag state " pal flag r- the offcia, fag "f any institution or non commercial organization shall not be considered banners. Beacon lighting (Prohibited) 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 attracting attention to its location rather than to illuminate any particular sign, structure, or other object. Billboard. (Prohibited) Any outdoor sign, display, or device used to advertise, attract attention, or inform and which is visible on the main -traveled way of a highway of the interstate, primary, or secondary systems in the state. 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. (Prohibited) 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. (Prohibited) Any temporary, portable, animated sign made of lightweight materials that is prone to move in the wind, and that contains a pole or staff that is driven into the ground or supported by means of an individual stand. This definition includes such signs of any shape including flutter, bow, teardrop, rectangular, shark, and U-shaped. 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; and in no way can be construed as advertising. Flashing sign. (Prohibited) 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. 56 Inflatable Sign. (Prohibited) 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. Mural. A large picture or image which is painted, constructed, or affixed directly onto a vertical building wall, which may or may not contain text, logos, and or symbols; and in no way can be construed as advertising 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. Nuisance sign. (Prohibited) Any sign which emits smoke, visible vapors, particulate matter, sound, odor, or contains open flames. 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. Pennant. (Prohibited) Triangular, swallow-tailed, or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind. 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. 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. 57 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. 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 (Prohibited). A temporary or portable sign illegally placed in the public rieht- of-way or on a property that is not the site of the business or event. These may include signs stuck in the kround, or poster affixed to a tree, fencer utility pole or any other obiect. 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. 58 Window sign. All signs located inside and affixed to or within three feet of windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. The term does not include merchandise. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.020 Administration and enforcement. A. Except as provided herein, it shall be unlawful to display, erect, relocate or alter any sign without the property owner first filing with the Administrative Official, as defined under section 15.01.015, a written application and obtaining a sign permit. B. When a sign permit is issued by the Administrative Official, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Administrative Official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Administrative Official. C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months of its issuance. Before such work can be recommenced, a new permit to do so shall first be obtained, and the fee shall be one-half the amount required for a new permit. D. Fees shall be set by resolution of the City Council. E. The Administrative Official reserves the right to issue abatement letters and to impose fines as established in Chapter 15.01.050 and Chapter 1.05 for any violations to the requirements of this chapter. 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 59 with 12.01.020, and is clearly distinguishable from the sign face area, shall not be considered sign area. 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. 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. 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 arc 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. 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. (Ord. No. 2019-002, § 1, 1-28-2019 15.20.025 Requirements applicable to all signs. The following provisions shall apply in all zoning districts to all signs governed by this ordinance, subject to the specific regulations in each zoning district: A. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. B. In matters of unspecified uses or clarification, the Administrative Official shall make determinations. C. Except when approved by the City Council for civic purposes, signs are considered an accessory use on a lot. Only signs identified under section 15.20.030 are allowed on vacant lots. D. Signs containing non-commercial speech are permitted anywhere business signs are permitted and are subject to the same regulations applicable to such signs. E. All signs, including signs heretofore installed, and the area around the base of each freestanding sign, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained, or is faded, frayed, or it-, 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. 60 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. 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. 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; Q. 61 4. Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.030 Signs allowed without permits. The following signs are not subject to a permit requirement if the following standards are met. They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any building or parcel. If a proposed sign exceeds the limits of this section, a sign permit must be obtained and the signage must count toward the total allowed signage for the building or parcel. A. Nameplates not exceeding two square feet and building markers; B. Standard flags and insignia of government, religious, civic, charitable, educational or philanthropic groups which can, in no way, be construed as advertising; C. Signs identifying the historic name of a building, provided that such name is approved by the historic preservation commission and the sign does not exceed 20 square feet in size; D. Legal notices, traffic signs, information signs, historic signs or directional signs erected by government bodies and signs required by law; E. Directional signs not exceeding six square feet (directional signs contain no advertising); F. Signs advertising subdivision tract developments 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 cxtcnd farther from the building facadc 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.E. Signs or scoreboards on athletic fields intended for on -premises viewing; LIVI. Fuel price signs not exceeding 20 square feet per sign face, with one sign allowed per abutting street right-of-way; 62 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; QR. Temporary signs may be posted for not more than 30 consecutive days in a 180 day time period. 1. One temporary sign is allowed per property if non-commercial residential, and one for each business in commercial districts; 2. Temporary signs may include banners and portable signs as specified in 15.20.035F, flags, or pennants; 3. Temporary signs may not exceed 12 square feet in anv zoninz district residential areas and 32 square feet in commercial or industrial districts; 4. Temporary signs referencing a date or event must be removed within ten days following the date or event; 5. Special noncommercial event Temporary signs advertisinj an event may be erected two weeks prior to the event. 6. Feather signs may be allowed by mobile vendors durinj specific scheduled community events as determined and approved by City administration, such as the Mermaid Festival and Fourth of July. 7. Temporary signs posted on City property require approval by the City Manager. 8.5, Political signs not more than six square feet per sign in anv zoninji district 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; 6. 8 Garage sale signs located at the site of the sale and shall be removed within a day after the sale. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 63 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 15.20.0300 and subject to the limitations of this chapter; E. Snipe signs; F. Portable signs, except sandwich boards and weijihted suns, 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; 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.; 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. Suns which emit smoke, visible particles, odors or recorded sound. Q. Signs that exhibit statements, words, or pictures of obscene or pornographic subjects. R. Signs that promote illegal activity. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010) 64 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. Rural residential, sinjile-family residential, two-family residential, multi -family residential, and urban Rresidential districts. Only the following types of signs shall be permitted in the residential zoning districts, except as provided for otherwise within this chapter and zoning code. Illumination of these signs shall be limited to indirect or internal lighting. 1. Signage for churches, public and quasi -public institutions, including schools and municipal buildings may erect for their own use: a. One identification sign not exceeding 20 square feet in area; b. One announcement sign or bulletin board not exceeding 20 square feet in area; 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 O. for freestanding or projecting sign limitations). C. Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 65 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage to a maximum of 200 square feet per parcel. 2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot at the discretion of the property owner. 3. Freestanding signs, if internally illuminated, shall not exceed 32 square feet in area; otherwise, a maximum of 50 square feet is allowed (see section 15.20.025L. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section(s) 15.20.030K. for under - marquee signs, 15.20.0250. for projecting signs). D. Harbor commercial district. 1. The following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200 square feet of signage per parcel: a. A street; b. The harbor basin; c. The public boardwalk; d. Where a building faces toward a street but does not abut it; or e. A public parking lot. 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 15.20.025L. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section 15.20.030K., for under - marquee signs, and section 15.20.0250., for projecting signs.) E. Institutional, park and resource management districts. 1. Signs for any permitted commercial and industrial uses shall conform to the requirements in subsection B. herein. 2. Signs for all other permitted uses, or legal nonconforming uses, are subject to the following limitations: a. One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided no such sign shall exceed 40 square feet; b. No sign shall exceed eight feet in height; and 66 c. Illumination for institutional facilities shall be restricted to indirect lighting. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.050 Nonconforming signs. The intent of this section is to permit the continuance of nonconforming signs until such time as they are removed, but not to encourage their perpetuation or expansion. A. Nonconforming signs are allowed to continue, subject to the following: 1. Shall not be used as grounds for adding additional nonconforming signs; 2. Shall not be structurally altered so as to change the shape, size or type of the sign, or be relocated, except into conformance with this Code; 3. Shall not be allowed to remain after the activity, business or use to which it relates has been discontinued; and 4. Must be removed if damaged in such a manner that the estimated expense of repair exceeds 50 percent of its replacement value. 5. Is not an abandoned sign. 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: 67 a. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; b. That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. 4. In granting a variance, the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest. B. Fees for sign variances shall be set by resolution of the City Council. (Ord. 98-02) 68