HomeMy WebLinkAbout11192024 Planning & Zoning Work Session PacketPlanning & Zoning Commission
Work Session Packet
Work Session
Tuesday, November 19, 2024
Council Chambers, City Hall
6: 00 p.m.
The City of Seward, Alaska
SEWARD PLANNING AND ZONING COMMISSION
WORK SESSION AGENDA
November 19, 2024
6:00 p.m.
Council Chambers
Carol Griswold
Chair
Term February, 2027
Brenan Hornseth
Vice Chair
Term February, 2025
Nathaniel Charbonneau
Commissioner
Term February, 2027
Vanessa Verhey
Commissioner
Term February, 2026
Sean Ulman
Commissioner
Term February, 2025
Rhonda Hubbard
Commissioner
Term February, 2025
Clare Sullivan
Commissioner
Term February, 2026
Daniel Meuninck
Community
Development Director
Courtney Bringhurst
City Planner
Clara Brown
Executive Planning
Assistant
Kris Peck
City Clerk
1)
CALL TO ORDER
2) STAFF COMMENTS
3) DISCUSSION ITEMS
a. Accessory Apartments (ADU's) 4
b. SCC Title 15 — Definitions 25
c. Parking 40
d. Building Height ..72
e. SCC Title 15 - Land Uses Allowed ..80
4) ADJOURNMENT
2
OUTCOME GOALS
FOR WORK SESSION
1) Provide the Commission with information and research pertaining to the
portions of Title 15 that pertain to housing, such as accessory apartments,
parking, building height, and the land uses allowed table for dwellings.
2) Allow the Commission and public to discuss any potential adjustments they
would like to make to these areas of Title 15 that they feel would support
housing.
Background:
On September 17, 2024, the Planning and Zoning Commission held a work
session to discuss various topics that influence the development of housing in
Seward. Due to input from the public and discussion by the Commission, a
second work session was requested to further evaluate and discuss the city
code requirements for accessory apartments, parking, building height, and the
land uses allowed table for dwellings.
3
Accessory Apartments (ADU's)
AKDU'S
AND
DON'TS
A Practical Approach to Bringing Additional Dwelling Units to Alaska Communities
AIWP®
•
ALASKA
MUNICIPAL
• �. • �. LEAGUE
•
Y
This publication was authored by Abigail Barton, a member of the Alaska Fellows
Program, and Alicia Hughes-Skandijs. It was made possible through generous
support provided by the AARP Community Challenge Grant. The AARP
Community Challenge Grant is part of a nationwide livable communities initiative
to help communities become great places to live for residents of all ages.
6
AKDU'S AND DON'TS
1.0 Introduction
1 Overview of Housing Crisis in Alaska
Alaska communities face an extreme shortage of affordable, decent housing. Almost eighty thousand Alaska
households are considered cost burdened, meaning that they pay more than a third of their income toward their
housing costs. Of Alaska's renter population 37% are cost burdened, with 18% severely cost burdened, meaning
they pay more than half of their income towards housing.
The statewide rate of overcrowding is twice the national average, with some regions experiencing rates twelve
times greater. Rural communities where the population majority is Alaska Native are hit the hardest. In some areas,
as many as half of all households live in homes that are too small for the number of occupants. Excessively high
construction costs and limited senior housing result in households taking in family and community members who
would otherwise be homeless.
In 2018, the Alaska Housing Finance Corporation estimated that new construction would have to increase 11 %
each year to meet projected population growth by 2025. At that time, they found that to achieve that goal, the
annual construction output would have to increase ninety percent over the previous five-year average. Since that
time, the number of new units built in Alaska dropped precipitously during the pandemic and has yet to return to
2019 levels.
5.000 —
4,500
4,000
3,500
2.000 -
2,500 -.
2,000 —
1,500—
1,000 -
500 -
0
NEW HOUSING UNITS, ALASKA 1992 TO 2022
1992 1996 2nn0 P0n4 2008 2012 2015
■ New Units
Source: Alaska Department of Labor and Workforce Development, Research and Analysis Section and the Alaska Housing Finance Corporation.
AKDU'S AND DON'TS
1.2 Overview of Senior Demographic..
' Alaska
The population of Alaska is rapidly aging. Currently,
Alaskans aged 60 and older make up about one in five
residents statewide. Aging individuals are most concen-
trated in Southeast Alaska, where the rate is one in four.
The population of people 65 and older is expected to
double by 2030. In the previous decade, the population
of Alaskans aged 70 and older increased 97 percent.
Data collection conducted in Anchorage, Fairbanks,
Juneau, Kenai Peninsula, and Copper Center through
the Alaska Senior Needs Assessment found that all
regions reported a shortage of affordable independent
senior housing. A survey of over 2,000 senior citizens
across these communities found that accessible and
affordable housing was the third most pressing issue
in their lives, closely behind financial security and
healthcare.
Population Age 65+,
Alaska, 1980 to 2050
180:000
160:000
140:000
120.000
100:000
80.000
60.000
40.000
20.000
0
-- Low Scenario
--- Middle Scenario
x...
'
Historical
orical
-
it
MY
, _4+.
i
1980 1990 2000 2010 2020 2030 2040
2050
Source: Alaska Department of Labor and Workforce Development,
Research and Analysis Section
1.3 Accessory Dwelling Units: A Creative Solution
The pressing issue of affordable, accessible housing in Alaska requires immediate attention. Accessory Dwelling
Units, or"ADUs,"can provide a cost-effective means for quickly increasing the affordable housing stock. Also
known as "granny flats,"mother-in-law apartments,"and backyard cottages, ADUs are small residences that are
attached to an existing single-family home or built as a free-standing unit on the same lot as an existing home.
Though usually no larger than one or two bedrooms and typically much smaller than the primary residence, ADUs
are entirely independent dwellings, equipped with their own kitchens, bathrooms, and other amenities necessary
for full-time occupancy. ADUs allow communities to take advantage of existing infrastructure and add affordable
homes in existing neighborhoods.
Examples of Different ADU Configurations.
INTERIOR (LOWER LEVEL)
GARAGE CONVERSION
Source: AARP's 'Accessory Dwelling Unit Model State Act and Local Ordinance."
8
AKDU'S AND DON'TS 1
1.4 Unique Benefit_
ADUs certainly do not replace the large-scale invest-
ment and development necessary to meaningfully
alleviate the affordable housing crisis in Alaska, but in
addition to contributing to that effort, ADUs have the
ability to provide unique benefits to communities.
As Alaska's population rapidly ages, adult children of
aging parents and older homeowners face limited
affordable, close, and independent living options.
Adding an ADU to the property of a family member or
to that of an older homeowner can allow aging individ-
uals to maintain their independence and remain within
their community. An ADU can act as caregiver housing
or allow an elderly person to move closer to family. For
aging homeowners concerned primarily with financial
security, ADUs can be used to generate income to cover
property taxes and maintenance during retirement.
Though a meaningful intervention for senior Alaskans
looking to avoid residential facilities, ADUs built for this
reason can also go on to serve multiple purposes. ADUs
built specifically for senior occupancy can be accessi-
bly constructed to specifically meet new age -related
mobility needs. While affordable housing is scarce,
affordable housing that is also accessible is almost
nonexistent in many communities. ADUs can make
a dramatic impact on the accessibility of a region's
affordable rental stock, dramatically increasing the
inclusivity of a community. Additionally, an investment
in an ADU for an aging relative can later be used to
house young adult family members. By facilitating
multi -generational living, ADUs can help keep families
and communities together.
Where commercial developers may have a wide
range of financial and logistical considerations when
deciding whether or not to go forward with a new
development, the potential gains to a private home-
owner in a community may increase the likelihood of
adding a new housing unit. For that reason alone it
is worth considering from the municipal perspective
whether this could be a tool to add to your bucket in
efforts to increase housing.
Former Alaska State Representative Alyce Hanley
standing before the basement apartment she added
to her Home, allowing her to live with her children
while retaining her own living space.
Source: KTOO - Anchorage Daily News Alaska cities, facing housing
crunch, encourage backyard cottages and apartment additions" (2018).
31-year-old Sitka resident Adrienne Wilber standing
before her partially constructed ADU built on the
corner of her parent's lot
Source: KCAW'ADUs Could Make Sitka's Housing More Affordable. Advo-
cates Want to Make them Easier to Build" (2021)
9
1 AKDU'S AND DON'TS
2.0 Snapshot of Alaska Communities with Existing
ADU Ordinances
Structure & Lot I Parking
Occupancy I Permitting Process Aesthetics/
Design
Additional
Detals/
Links
City and Borough of Juneau
Structure: Lots up to 125%
of the required minimum:
max area 600 ft2. Lots larger
than 125%: can be up to
50% of the net floor area of
the primary dwelling but
cannot exceed 1000 ft2.
Lot: Lot must meet the
minimum lot size require
ment for the zoning district.
+ 1
required
If the homeown-
er funds their
ADU construction
with a grant from
Juneau's Accesso-
ry Dwelling Unit
Grant Program,
they must record
a deed restriction
agreeing not to
use the ADU as a
short-term rental
for the first five
years.
Applicants building on lots that
exceed the minimum lot size re-
quirements for their zoning district
and are connected to city sewer
services are subject to ministerial
approval. Those not connected
to the sewer will need to include
verification from the Dept. of
Environmental. Conservation that
their wastewater disposal system
can handle the additional use from
the ADU. Conditional use permits
are required for all ADUs built on a
sub -standard sized lot.
None.
Accessory Dwelling Unit
Grant Program: Created a
dedicated grant program
providing up to $13,500
for ADU construction to 16
homeowners annually.
City and Borough of Sitka
Structure: Max. 800 ft2
Lot: Lots must be served by
a publicly maintained right
of way. Cannot be con
structed on lots accessed
through easements.
Parking plan
required but
can rededi-
cate existing
primary
dwelling
unit spaces.
Long term rentals
(90+ days) only.
Two zones are eligible for"by
right"permitting if all regulations
are met, three additional zones
are automatically subjected to
conditional evaluation as well as
all applications that do not meet
regulations. Conditional permitting
process: applications must be filed
at least 3 weeks in advance of the
Planning Commission meeting
where they are subject to a public
hearing. Applicants are required
to attend and answer questions.
Decisions are typically made at the
first meeting.
Requires
that ADUs be
designed so that
the structure
maintains"to
the greatest
extent possible"
the appearance
of a single -
family property.
[22.20.160 (c)
(8)]
22.20.160 Accessory dwell -
ing units (ADUs).
Kodiak Island Borough
Structure: 575-725 ft2 (de-
pendent on zoning district)
Lot: No lot size restrictions
specified.
5 for <600
ft2; +6 for
>600 ft2
No short-term
uses such as bed
and breakfasts.
Owner required
to occupy either
ADU or principal
dwelling.
Permitted use for attached ADUs in
five residential districts zoned for
single-family, two-family, rural,
and conservation. Conditional use
for detached ADUs in single-family
residential districts and certain ru-
ral residential districts. Additional
rural residential district requires
conditional permitting for both
detached and attached ADUs.
None.
17.160.070 - Accessory
dwelling units.
10
AKDU'S AND DON'TS
Structure & Lot I Parking
Occupancy I Permitting Process 1 Aesthetics/
Design
Additional
Detals/
Links
Petersburg Borough
Structure: 800 ftz or 40-
80% of the principal dwell-
ing's area depending on the
size of the lot. Height shall
not exceed the height of
the principal dwelling (no
exceptions)
Lot: Addition of ADU
cannot exceed maximum
lot coverage, which for
most residential properties
is 35%.
None.
None.
Attached ADUs are permitted
by right. The borough's website
requests that homeowners inter-
ested in constructing a detached
ADU contact the borough building
official for more information.
Neither the code nor the website
specifies if a permit is explicitly
required.
ADU must be
constructed
with the same/
similar materials
as the principal
dwelling.
Detached Accessory Dwell-
ing Unit Standards
City of Palmer
Structure: Min 300 ft2; Max
900 ft2. Can't be larger than
40% of main property and
can't have more than 2 bd.
Max height 25 ft.
Lot: One ADU permitted
per +1OKft2 lot zoned
residential or agriculture.
Attached ADUs may be
added to single-family
dwellings if they are the
sole principal dwelling on
the lot. Detached ADUs only
allowed on lots +20K ftz
No lot size restrictions for
central business district.
Studio/1 bd
ADU require
+1 spaces;
2 bd requires
+2 spaces.
Owner must
occupy either
the principal
or accessory
dwelling for at
least 6 months
each year.
All applications are reviewed by
the zoning administrator within
30 calendar days. Applications
require a $100 non-refundable fee
and a notarized affidavit stating
the owner will occupy either the
principal or accessory dwelling and
that the ADU is compliant with all
requirements.
Detached ADUs are required to be
placed in the rear of the lot at least
10 feet behind the front plain of
the primary dwelling, but appli
cants can ask the planning and
zoning commission for a waiver if
it negatively impacts a neighbor's
view. Applicants are encouraged to
gather testimony from impacted
neighbors. [17.86.040]
Attached ADUs
must main-
tain style and
exterior finishes
consistent with
the existing
structure. Exte-
rior finishes for
detached ADUs
must comply
with local Indus
try standards for
residential ex
terior cladding.
Exteriors must
be compliant
within 8 months
from start of
construction.
The zoning administrator
is required to furnish the
planning and zoning
commission with an annual
ADU report. The commission
is required to reassess their
ordinance if records indicate
that 20% of single-family
structures within the city
have ADUs. [17.86.110]
Chapter 17.86ACCESSORY
DWELLING UNITS
City of Soldotna
Structure: Max. 750 ftz
(total lot coverage cannot
exceed limit for single
structure)
Lot: Must meet minimum
lot size requirements for
the zoning district
+1 required.
Short term
rentals allowed
if principal
residence is
owner occupied
All interested applicants must sub-
mit a site plan and obtain a zoning
permit and a building permit.
ADUs are permitted within the
Single -Family, Single -Family/
Two -Family, Rural Residential, and
Multi -Family residential zoning
districts.
None.
17.10.390 - Accessory
dwelling units.
11
AKDU'S AND DON'TS
Structure & Lot I Parking
Occupancy I Permitting Process 1 Aesthetics/
Design
Additional
Detals/
Links
Municipality of Anchorage
Structure: Max. size is
None.
Owner occupancy
Acessory dwelling units are a per-
Formerly
The Anchorage Assembly
the larger of either 900
is not required.
mitted use in all zoning districts.
required
recently passed massive
ft2 or 40% of the primary
Applicants must obtain a building
a purpose
reforms to their ADU ordi-
dwelling up to 1200 ft2 .
or land use permit from the Devel-
statement on
nance to eliminate barriers
Max. height of a detached
opment Services Department and
appearance and
and encourage develop-
ADU is 25 ft. If ADU is built
submit all required documents to
character, but
ment. Removing owner
over a garage, height max.
the Building Safety Department at
it was removed
occupancy requirements
extended to 30 ft. No
4700 Elmore Road. Applicable per-
in a massive
(previously homeowners
limit on the number of
mit fees vary. For projects under
overhaul of the
had to live on the property
bedrooms.
$40k, the permitting fee is $175
ADU code in
at least 6 months out of the
Lot: ADUs allowed in all
residential and commercial
zones whether there is
another dwelling. Also
allowed on all kinds of
housing, including large,
multi -family buildings.
Setbacks restrictions are
the same as those imposed
on the principal structure
with exceptions for ADUs
taller than 15 ft. ADU
doors may face the street.
per inspection used. Additional
fees for residential plan review,
building safety review, and land
use plan review add an additional
$75+ each.
2023.
year) opened an additional
10,500 single family rental
homes to ADU develop -
ment. By allowing ADUs
on multifamily homes, an
estimated 8,000 properties
became newly eligible
fora bonus dwelling. You
can find more information
about these changes at the
Municipality of Anchorage's
"Accessory Dwelling Unit
(ADU) Project Page:'
Residential zoning regulations in both the City of
Homer and the Matanuska-Susitna Borough specify
that accessory dwelling units are "by -right" permit-
ted uses in most single-family and some commercial
districts.
The Matanuska-Susitna Borough allows two attached
or detached accessory dwelling units not exceeding
50% of the total floor area of the primary residence in
single-family residential districts, but they can only be
used for"guests, family members, or persons provid-
ing domestic or health services to the residents of the
principal structure."(Listed under Matanuska-Susita
Borough Code in section 17.75.060(6)(5)).
In 2011, Homer's city council passed an ordinance
making accessory dwelling units a permitted accessory
building to a single-family dwelling in two Residential
Districts and the Central Business District.The ordi-
nance stated that the change to municipal code was
intended to"increase the supply and diversity of
housing, protect community character, and encourage
infill."The ordinance provided no specific regulations
regarding parking, design, or lot size, stating only that
one ADU was allowed per single-family dwelling and
that the ADU must be"smaller than the primary dwell-
ing"(Ordinance 11-44(S)).
Simply altering existing zoning regulations to allow
ADUs without providing specific regulations and guid-
ance may not be enough to meaningfully encourage
development. Though experts consider designated
construction of an accessory dwelling unit as a per-
mitted use for all single-family residences as the gold
standard for encouraging ADU development, doing
this alone can leave interested homeowners feeling
confused or uncertain. Additionally, such opaque
regulations can allow development that those who are
resistant to increased density find upsetting or inflam-
matory, prompting pushback and calls for increased
restrictions. ADU-specific regulations can avert such
backlash.
12
AKDU'S AND DON'TS 1
This publication is not a comprehensive list of all ADU ordinances in Alaska.To check if your community has an
ADU specific ordinance, you can look up your municipal code at library.municode.com, your local government's
website, or contact your city clerk. If you are confused about what codes apply to you, consult the brief overview
below on how planning powers are divided in Alaska.
2.1 Overview of Powers and Duties of Boroughs & Cities in Relation to Planning, Platting
& Land Use Regulation
Borou • h Governin • Structur _
Plannin • Plattin • & Land Use Re • ulation Powers
Unified Municipality & Home Rule Borough
The borough or unified municipality must exercise the
powers areawide, but not necessarily in accordance
with AS 29.40
First Class Borough
The borough must exercise the powers areawide; in
accordance with AS 29.40; the borough may allow
cities to assume such powers within their boundaries
Second Class Borough
Same as for a first class borough
City Governing Structure
Planning, Platting & Land Use Regulation Powers
Home Rule City
Cities in unorganized boroughs must exercise the
powers; if in an organized borough, it may be permit-
ted by borough to exercise the powers
First Class City
Same as for a Home Rule City, except exercised in
accordance with AS 29.40 (governance by assembly)
Second Class City
The City is not required to exercise powers, but may
be permitted in the manner described for First Class
Boroughs
References: AS 29.35.260(c) AS 29.35.260(c)
13
AKDU'S AND DON'TS
3.0 Best Practices to Encourage ADU Development
In recent years, communities across the United States have turned to ADUs to address the affordable housing
crisis. Experts in planning, policy, design, and aging have dedicated considerable time and energy to studying
these communities to understand what works and what does not. A recommended first step for communities
interested in increasing ADU development is the creation of a dedicated ADU ordinance. This clarifies the ADU
development process for applicants and municipal officials and removes barriers that may have been hindering
development under existing general zoning regulations.
Section 3.1 provides a brief overview of the "Dos" and "Don'ts" of creating ADU-friendly zoning ordinances.
Section 3.2 goes in depth into these recommendations, providing questions and considerations for com-
munities seeking to improve their existing ADU regulations as well as additional guidance for those who are
considering creating an ADU-specific ordinance for the first time.
Creating an ADU-specific ordinance and/or focusing on reducing regulatory barriers is not the most effective
approach for encouraging ADU development in communities that have no zoning regulations. If you have no exist-
ing zoning regulations your largest barriers are likely construction costs due to a lack of contractors or shipping
expenses.The most relevant advice for these communities is in section 5 dedicated to financing recommendations.
3.1 Creating ADU-Friendly Regulations
✓ Blanket use permissions for ADUs in all areas zoned for single-family housing.
✓ Allowing ADU development"By-right"/ministerial approval rather than through a discretionary approval
process.
✓ Clear, objective standards intended to mitigate environmental hazards and impact on city resources
✓ Regulations should reflect community values without hindering development.
✓ Set a realistic timeline for producing decisions.
✓ No additional off-street parking requirements.
✓ Reasonable size/height/setback requirements that ensure resulting unit can meet the needs of
long-term rentals and aging individuals.
Don'ts
X Excessive Size/Height/Setback Restrictions
- Inhibit development in dense areas with smaller lots where demand for rentals is likely higher.
- Lead to"micro" units that can make it difficult to ensure bathrooms and living spaces are of
adequate size to accommodate accessibility devices such as wheelchairs or allow caregiver support.
X Discretionary Permitting Processes
- Creates uncertainty and slows development timelines.
X Off -Street Parking Regulations
- Stifles development on smaller lots.
X Owner -Occupancy Requirements
- Can impact appraised home values and complicate rental configurations, suppressing available units.
X Aesthetic Design Standards
- Makes construction more costly and technically complex.
- Vague rules add subjectivity to conditional permitting processes.
14
AKDU'S AND DON'TS 1
/ 2 Approar'iing ADU Policies in Your Commune
The immense diversity in zoning practices, environments, and needs across Alaska communities means that there
is no one -size -fits -all approach to increasing development of accessory dwelling units. The considerations included
below are split into two buckets, those for communities that have an existing ADU-specific ordinance and those that
do not have a specific ordinance but maintain robust zoning and permitting regulations, but the recommendations
are relevant to local officials in either position.
IF YOU ALREADY HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE:
THE PERMITTING PROCESS
Does your ordinance allow ADUs "by right" or subject to discre-
tionary approval / a conditional permitting process?
"BY RIGHT": Allowing ADUs by right means that anyone who complies
with the existing regulations may build an ADU. An application may still be
involved, but it is subject to purely ministerial approval (AARP — Expanding
ADU Development, 42). Research on ADUs across the U.S. shows that by right
approvals encourage ADU development because they remove uncertainty
and are usually much quicker than discretionary processes.
DISCRETIONARY/CONDITIONAL APPROVAL: There are many valid
reasons for local officials and planners to favor a discretionary approval
process for ADUs, especially if there is community resistance ADU devel-
opment. However, subjecting all ADU development to a conditional
permitting process has been shown to greatly discourage development.
Discretionary approval processes are often opaque and subjective, which
can be intimidating and burdensome for applicants.
SPOTLIGHT
The City of Palmer
specifies that permits for
ADUs will be reviewed
within 30 days.
SPLIT PROCESSES: It is common to allow by right approval for ADUs if they fit all the required regulations and
require applicants who do not meet the requirements apply for exceptions through a conditional permitting pro-
cess.This can be helpful for some communities, especially if within zoning districts lot sizes are nonuniform and
access to city sewage/water/electricity varies. However, if you are currently operating this way, it is important to
examine how ADU applications have split between the two processes. If you find that so far, most applicants have
had to go through a conditional permitting process, you should reconsider if your baseline standards are too strict.
• Consider: Are there clear standards that applicants have a difficult time meeting, such as size limits, parking
requirements, or design regulations?
How long does your permitting process take?
Lengthy and undefined permitting processes create uncertainty and stall development. Experts recommend that
at minimum, local officials publish a realistic timeline for their review processes and stick to a set timeframe for
producing decisions. Ideally, that timeframe is as quick as possible.
15
AKDU'S AND DON'TS
IF YOU ALREAC HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE:
OFF-STREET PARKING
Does your ordinance require additional off-street
parking spaces? If you require additional off-street
parking spaces, is the requirement equal to or greater
than that for a single-family home?
Requiring any additional off-street parking spaces for ADUs
can stifle development, especially for those hoping to build
on smaller lots. Experts recommend no additional off-street
parking requirements for ADUs. Usually, single-family zoning
regulations already require several off-street parking spots
for the principal dwelling, which can often meet the needs of
accessory dwelling, especially if it is constructed for an existing
member of a household.
Community concerns about public street parking can be
mitigated by restricting off-street parking requirements to
certain zoning districts of concern, such as commercial business
districts and the residential areas that border them. But even
in these cases, mandating more than one additional off-street
parking space is unreasonable considering that ADUs rarely
accommodate more than 2 people.
.
I I
PETERSBURG
ALASKA
SPOTLIGHT
The Petersburg Borough has no
off-street parking requirements
for ADUs. In the City and Borough
of Sitka, applicants are required to
submit a parking plan delineating
dedicated spaces for the ADU and
primary dwelling unit. Utilizing
on -street parking for ADUs is
prohibited, but applicants do not
need to build new parking spots as
long as they can show how existing
spots will be rededicated to the ADU
without undermining parking for the
primary dwelling.
IF YOU ALREADY HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE:
SIZE/HEIGHT/SETBACK REQUIREMENTS
Certain zoning restrictions can inadvertently hamper
construction based on universal design standards.
Square footage restrictions can make it difficult to
ensure bathrooms and living spaces are of adequate
size to accommodate accessibility devices such as
wheelchairs or caregiver support. Restrictions regard-
ing the ADUs proximity to the primary dwelling and/or
to the edge of the lot can make it difficult to construct
an entrance that is both covered and allows a car to
deliver a person right to the door.
Communicating accessibility needs to your builder can
be intimidating and difficult. Universal design prin-
ciples offer helpful guidance about how to construct
ADUs to meet the mobility needs of aging individ-
uals. Universal Design is defined as"an approach to
design that recognizes and accommodates the ordi-
nary changes people experience over their lives due
to aging and life circumstances. As such, universal
design benefits people through all life stages, including
children and adults" (Recommendations for Essential
and Advanced Universal Design Features and Product
Characteristics in New Single -Family Housing, 2009).
Additional information about accessible design and
universal design principles can be found at the end of
this publication.
Does your ordinance have a size limit for
ADUs? If yes, are the square footage require-
ments based on a ratio relative to the primary
residence?
Size regulations tying the size of the ADU to a percent
of the primary dwelling make adding an ADU to a
larger home easy but make adding an ADUs prohibitive
for smaller homes.
16
AKDU'S AND DON'TS
Excessive size limits can hinder the development of accessible
living spaces. If your community is interested in encouraging
ADUs to facilitate aging in place, excessive size restrictions can
make the resulting accessory dwelling unit inaccessible to seniors
and all populations with mobility needs.
Highly restrictive square footage restrictions can make it difficult
to ensure bathrooms and living spaces are of adequate size to
accommodate accessibility devices such as wheelchairs or allow
caregiver support.
Does your ordinance have setback requirements?
Municipalities should avoid imposing setback requirements that
would result in excessively small developable areas because this
can lead to "micro" units that fail to meet the needs of long-term
renters and aging individuals. Restrictions regarding the ADUs
proximity to the primary dwelling and/or to the edge of the lot
can make it difficult to construct an entrance that is both covered
and allows a car to deliver a person right to the door.
Excessive setback requirements can also inhibit ADU development
in smaller and moderately size lots.
�ACIPA[f
SPOTLIGHT
In the Municipality of Anchorage,
height requirements allow for two
story ADUs and offer extensions
based on common design choices.
Maximum height requirements in the
Anchorage Bowl are 25 feet but can
be extended to 30 feet if the ADU
is over a garage. In Girdwood, the
maximum height for ADUs is 35 feet
and cannot be greater than twice the
height of the primary dwelling unit.
Does your ordinance have height requirements?
Excessive height requirements (such as 10 or 12 ft) inhibit two story ADUs, which can incorporate design elements,
such as a mezzanine floor, that make the best use of the small space.
Does your ordinance impose minimum lot size requirements?
Minimum lot size requirements inhibit development in more dense single-family districts with smaller lots where
demand for rentals is likely higher.
An ADU Built Above a Garage in Anchorage.
Source: Sightline Institute. 'Anchorage Needs More Moderately Priced Homes: Let's Start with ADUs" (2021).
17
AKDU'S AND DON'TS
IF YOU ALREAD' HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE:
OCCUPANCY RESTRICTIONS
_A=
Does your ordinance have occupancy requirements?
Putting restrictions about how ADUs can be used by homeowners can be
important to ensuring that ADU development meaningfully expands the
community's affordable housing stock. Areas highly dependent on tourism may
choose to prohibit ADUs from being used for short-term rentals to ensure that
they will be accessible to full time residents.
However, prohibiting homeowners from using ADUs as rentals to nonfamily
members dramatically inhibits development. In addition to being self-defeating
for municipalities hoping to increase their affordable housing stock, homeown-
ers often rely on future rental income to finance ADU development, subsidize
increased property taxes, and generate income during retirement.
Even if rentals are allowed, owner -occupancy requirements are generally
discouraged by housing experts. Mandating that homeowners must live in
the primary residence to rent the ADU creates a myriad of legal burdens. This
requirement means that if they choose to move, they cannot legally rent out
both units. If they want to allow another family member to live in the primary
residence, they must add them to the deed to continue renting the ADU. If a
person inherits a single-family home with an ADU, they are unable to rent out
both residences unless they move into the primary residence. Homeowners
also are prevented from living in the ADU and renting out the primary dwelling.
These complications can impact appraised home values and further restrict
available rental properties.
• Caveat: Municipalities interested in encouraging tourism but concerned
about mitigating its impacts in residential areas may prefer to impose own-
er -occupancy requirements only for ADUs used for short-term rentals.
SOLDOTNA
SPOTLIGHT
In the City of Soldotna,
ADUs can be used as
short-term rentals if the
principal dwelling is
owner -occupied.
SPOTLIGHT
In the City and Borough
of Sitka, ADUs can only
be used as long-term
rentals (90+ days).
IF YOU HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE:
AESTHETIC STANDARDS
Does your ordinance impose discretionary design standards related to neighborhood character
and aesthetic compatibility?
Community concerns about how ADUs will influence neighborhood character and aesthetics are common.
Regulations imposing discretionary design standards may have been important to garnering the political support
necessary to pass an ADU ordinance. Yet, it is important to evaluate if the goals of these requirements are worth
the increased burden to applicants. Aesthetic design standards increase costs and add technical complexity to the
ADU construction and permitting processes.
Requiring ADUs to match the appearance of the principal dwelling or to be constructed to maintain the appear-
ance of a single-family structure can hinder accessible design, delay construction, and intimidate otherwise
interested homeowners. When these provisions are vague, they create uncertainty for applicants and introduce
considerable subjectivity and bias to the permitting process.
18
AKDU'S AND DON'TS 1
IF YOU DO NOT HAVE AN ADU-SPECIFIC ORDINANCE, BUT THERE ARE EXISTING
REGULATIONS REGARDING PERMITTING AND CONDITIONAL USE
Do you have existing ADUs in your community?
If yes, what processes have homeowners gone
through to build them?
In communities where ADUs can already be created
by right, creating an ADU-specific ordinance may not
be necessary. Rather, an informational campaign or a
dedicated grant program may be more effective.
Do you have existing restrictions concerning
structural changes in single-family residential
districts?
Adding an accessory dwelling unit to a single-family
home may already be a permitted use in your code.
Alternatively, your existing code could consider the
addition of an accessory dwelling an a violation of
single and multi -family housing zoning regulations,
deeply complicating the ADU development process.
What is your conditional permitting
process like?
It is important to realistically evaluate the time, effort,
and objectivity of your existing process, as it can greatly
impact the development of ADUs if you choose to
create an ADU ordinance that relies partly or entirely on
your existing conditional permitting process.
• Do applicants often have to apply several times
before getting approval?
• Are there municipal staff members dedicated to sup-
porting applicants through the process?
• How frequently does your planning commission
review applications?
• Do planning commission meetings regularly fail to
cover all the necessary topics/applications because
there is too much on the schedule?
Does your community have concerns about
infill and/or increased density? Is political and
community sentiment particularly favorable or
hostile toward ADUs?
It may be difficult to judge public sentiment about
ADUs specifically, but prior hostility to multi -family
housing developments in areas with majority sin-
gle-family homes can indicate there may be pushbacks
to encouraging ADU development.
When drafting an ADU ordinance, it is important to
identify and address community concerns. ADU ordi-
nances can be curated to the specific needs of your
community while still following the recommendations
of experts.
Certain approaches may include:
• Instituting by right permitting processes for ADUs in
some zoning districts and requiring a discretionary
use permit in others
• Crafting different regulations for internal, attached,
and detached ADUs.
• Restricting use of ADUs as short-term rentals.
19
1 AKDU'S AND DON'TS
4.0 Financing ADUs in Your Community
While ADUs are cheaper than constructing an entirely new single-family home, they can still be cost -prohibitive
for many homeowners. In a 2022 survey of Anchorage homeowners with ADUs, over fifty percent of respondents
reported that they earned over $150,000 annually (ADU ANC Survey).The Sightline Institute, a thinktank dedicated
to promoting sustainable communities across the Pacific Northwest, estimates that attached ADUs created by
modifying an existing structure cost about $32,000 on average in Anchorage. Detached ADUs requiring a newly
built structure are estimated to cost about $79,000. For much of the rest of the state, especially the most rural
regions, costs are likely much higher. In the North Slope Borough, construction costs per square root can range
from $448 (in Nuiqsut) to $660 (in Point Lay) and more. Depending on the village, a 1,500 square foot home —only
slightly larger than the average ADU—can cost between $672,000 to $990,000 (NSB Comprehensive Plan 2019).
Municipal officials can reduce financial barriers in a variety of ways:
Designated Municipal Funding Scheme
Grant -Based Subsidies
Municipalities across the country have established
grant programs to subsidize the cost of ADUs. Providing
cash subsidies to incentive ADU development allows
communities to leverage the financial capacity of local
homeowners and produce more affordable rent units
at a fraction of the cost of a typical publicly funded
affordable housing development.
In 2018, the City and Borough of Juneau appropriated
$480,000 for an incentive grant program providing up
to $6,000 to homeowners interested in constructing
and ADU. In August of 2023, the Assembly voted to
expand this effort, creating the Accessory Dwelling Unit
Grant program (ADUG). ADUG provides grants up to
$13,5000 to 16 homeowners annually, allocated on a
first come, first served basis. In addition to meeting all
ADU regulations and passing a final inspection within
two years of being issued a building permit, recipients
must record a deed restriction agreeing not to use the
ADU as a short-term rental (fewer than 30 consecu-
tive days) for the first five years. More information can
be found online and on the website for the City and
Borough of Juneau.
For municipalities that do not have the funds or polit-
ical will to establish such a program, local officials can
also look to establish partnership with local founda-
tions to either fund a grant program or provide seed
funding to local non-profit design, construction, and
development organizations.
Loans
Local jurisdictions can also provide subsidies through
low -interest loans, loan forgiveness, and by estab-
lishing local loan pools. Low interest loans and loan
forgiveness can be a more financially and politically
viable option for some municipalities. Like the City and
Borough of Juneau's ADUG program, eligibility for low
interest loans and loan forgiveness can be restricted
to homeowners who agree to use their ADU as a long
term, affordable rental or for facilitating aging at home.
Local loan pools leverage private loan funds generated
from partnership with local banks and philanthropic
organizations to provide below -market loans to
income -eligible homeowners for ADU construction.
Attached ADU Added to the Basement of a Juneau
Home Through the ADUG Program
Source: KTOO-Anchorage Daily News 'Alaska cities, facing housing
crunch, encourage backyard cottages and apartment additions" (2018).
20
AKDU'S AND DON'TS
Property Tax Abatement
The increased property tax burden resulting from
the value added by an ADU can intimidate interested
homeowners. Reducing or postponing that burden
through property tax abatement can be a powerful
incentive.
In 2022, Anchorage Mayor Dave Bronson's adminis-
tration proposed postponing property tax increases
tied to the creation of an ADU for ten years. Assembly
member Meg Zalatel proposed applying this abate-
ment only to ADUs offered as long-term housing.
Though this proposal was not adopted by the
Assembly, a major overhaul of ADU regulations was
passed in 2023.
Whether, how, and to what end your local government
is able to offer property tax exemptions varies by gov-
erning structure. Interested officials should consult Title
§ 29.45.050 of the Alaska state statues, which identifies
an extensive list of optional exemptions a municipality
may enact.
Design Incentives
Design and development costs can force interested
homeowners to pay thousands before they even
break ground on a new ADU, especially if project plans
must be revised multiple times during the permitting
process. Municipalities can offset these costs by pro-
viding free design and project support to applicants.
Additionally, planning officials can save homeowners
thousands of dollars by offering applicants the option
to use pre -approved, permit -ready plans for ADUs of a
range of sizes. Providing model plans can also reduce
administrative burdens for municipalities by simpli-
fying the permitting process and promote aesthetic
standards favored by the planning commission without
burdening applicants with additional regulations.
(AARP ADU Design & Development)
Construction & Permitting Incentives
Permit and development fees can be a significant
deterrent. Many municipalities have chosen to reduce
permit fees, offer fee waivers, or completely remove
fees for ADU permit applications. Doing this in conjunc-
tion with removing other fees, such as infrastructure
impact charges, can make a significant impact on the
total cost. Additionally, any measures you can take to
facilitate a faster permit review process, such as hiring
or training staff dedicated to ADU permit review, can
meaningfully reduce costs.
(AARP ADU Design & Development)
Facilitating Economies of Scale
Communities that struggle with exorbitant construc-
tion costs often also have high rates of overcrowding
and limited or no senior living facilities. Local officials
can help reduce construction costs in rural regions by
encouraging interested homeowners to work together
to create economies of scale.
Though it applies to new single-family homes, not
ADUs, RurAL CAP's Mutual Self -Help Housing Program
provides an excellent model of how economies of scale
and "sweat equity" can operate in Alaska. Facilitated in
partnership with USDA Rural Development and Alaska
Housing Finance Corporation, the Mutual Self -Help
Housing Program provides first-time home buyers
with the opportunity to buy a home without a down
payment. Groups of six to twelve participants work
together to build one another's homes under the guid-
ance of a RurAL CAP construction supervisor, providing
at least 65% of the labor and working a minimum
of 35 hours per week. All homebuyers contribute to
the construction of all the homes, and no one moves
in until every house is complete. The "sweat equity"
created by the participant's labor eliminates the down
payment and reduces their resulting mortgage, which
are originated by RurAL CAP and can have interest rates
as low as 1 %.
For aging communities or those who cannot invest
"sweat equity"for other reasons, prefabricated units
are an excellent option to speed up the process and
simplify logistics. Interested homeowners can possibly
reduce design and transportation costs by approaching
a prefabrication contractor as a group.
Additional information about prefabrication options
can be found at the end of this publication.
21
1 AKDU'S AND DON'TS
Additional Resources
Accessible Design
• Northwest Universal Design Council (NWUDC): https://www.environmentsforall.org/
— The Council acts as an expert resource on universal design in the Pacific Northwest. Their website provides
a simplified overview of the principles and guidelines of universal design, a detailed home checklist which
provides essential guidelines for each room and element of a house as well as additional considerations, and
a library of resources and research from organizations and universities across the country.
• "Aging in Place Alaska" (University of Alaska Fairbanks Cooperative Extension Service):
https://homemods.org/materials/aging-in-place-in-alaska/
— This 20-minute video, narrated by Art Nash, Energy Specialist at the University of Alaska Fairbanks
Cooperative Extension Service, examines universal design principles as they related to Alaskan homes.
• Alaska Independent Living Centers
These are individual organizations which act as an access point for disability -related services for individuals
across Alaska.
Southeast Alaska Independent Living (SAIL) operates the Home Modifications for Aging in Place
(HomeMAPTM) Program, which provides expert evaluations of mobility and construction needs. A SAIL team
conducts a home survey and produces a written report that lays out the homeowner's individualized needs.
This report can then be used to guide construction and communicate design needs to contractors.
> https://www.sailinc.org/home-modifications-for-aging-in-place/
For those residing outside the southeast, Access Alaska and Arctic Access — Nome can provide information
regarding programs and services that may be helpful during the design process.
> Access Alaska: https://www.accessalaska.org/
> Arctic Access — Nome: https://www.facebook.com/people/Arctic-Access-Inc/100068189572892/
* Email: arcticaccessnome@gci.net
• Alaska Organizations that are affiliated with or employ a National Association of Home Builders
Certified Aging -In -Place Specialist. Those with this certification can provide expert advice regarding
accessible design.
— Alaska Housing Finance Corporation: https://www.ahfc.us/senior-support
— Alaska Community Development Corporation: http://www.alaskacdc.org/
— Cold Climate Housing Research Center: https://cchrc.org/
Preraoricatea unn ,
• FabCab: https://fabcab.com/about/our-story-and-bios/
— A company based in Pacific Northwest specializing in incorporating universal design principles into
prefabricated homes. Their founder is a member of the Northwest Universal Design Council.
• Skyline Homes & Champion Homes:
— National companies that supply manufactured homes through a nationwide network of independent
dealers. These companies have manufacturers in Oregan and British Columbia and have shipped homes to
Alaska. They also have model ADUs. Both companies have a search function to find retailers near where you
live, but it is best to contact them directly for more detailed information about Canadian suppliers.
— Skyline: https://www.skylinehomes.com/
— Champion: https://www.championhomes.com/
22
AKDU'S AND DON'TS
ADU Finance, Policy, & Development
• "Accessory Dwelling Units: A Step by Step Guide to Design and Development" (AARP): https://www.
aarp.org/pri/topics/livable-communities/housing/accessory-dwelling-units-guide-design-development/
• "Expanding ADU Development and Occupancy: Solutions for Removing Local Barriers to ADU
Construction" (AARP and the American Planning Association): https://www.aarp.org/pri/topics/
livable-communities/housing/expanding-adu-development-solutions-local-barriers.html
• "Overcoming Barriers to Bringing ADU Development to Scale" (Enterprise Community Partners):
https://www.enterprisecommunity.org/resources/overcoming-barriers-bringing-adu-development-scale-11049
• The ABCs of ADUs: A guide to Accessory Dwelling Units and how they expand housing options for
people of all ages (AARP): https://www.aarp.org/livable-communities/housing/info-2019/accessory-
dwelling-units-guide-download.html
Powers and Duties of Boroughs & Cities in Relation to Pla-ning, Platting & Land
Use Regulation
• Alaska Planning Commission Handbook (Department of Commerce, Community, and Economic
Development; Division of Community and Regional Affairs): https://www.commerce.alaska.gov/web/
Portals/4/pub/Planning%20Commission%20Handbook%20Jan%202012.pdf
• Planning Powers for Alaska Communities (Alaska Dept. Of Transportation and Public Facilities):
https://dot.alaska.gov/creg/planning/assets/Planning Power for Alaskan Communities.pdf
• Alaska's Local Government: State Commitments, Local Roles and Responsibilities (Alaska Municipal
League): https://www.akml.org/wp-content/uploads/2023/02/AML-Govt-Primer-2023-revise-web.pdf
EININD 1OUPRP
Tyvi Tyve
eV HomeWr
Tyvek
HDmeWrap
23
AKDU'S
AND
DON'TS
SCC Title 15 - Definitions
Seward City Code
15.10.140 Definitions.
A. General interpretation.
1. Words used in the present tense include the future tense.
2. The singular number includes the plural.
3. The word "person" includes a corporation as well as an individual.
4. The word "lot" includes the word "plot" or "parcel."
5. The term "shall" is always mandatory.
6. The word "used" or "occupied" as applied to any land or building shall be construed to include the
words "intended," "arranged," or "designed to be used or occupied."
B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise
provided or the context otherwise requires:
1. Accessory building. A detached structure that:
a. Is clearly incidental to and customarily found in connection with a principal building or use;
b. Is subordinate to and serves a principal building or use;
c. Is subordinate in area, extent or purpose to the principal building or use served;
d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the
principal building or use served; and
e. Is located on the same or adjacent lot under the same ownership as the principal building or use
served.
An accessory building shall be considered to be a part of the main building when joined by a common
wall or connected by a breezeway to the main building. Accessory building means any structure
regardless of type of foundation or base support, including skid -mounted or other moveable
structures.
(Accessory or mother-in-law apartment. See Dwelling, Efficiency apartment)
2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal
and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry,
livestock or other farm produce in which there is no human habitation and which is not used by the
public.
3. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for
refueling and repair, various accommodations for passengers, and business lease sites.
4. Alley. A dedicated public way which affords a secondary means of access to abutting property and not
intended for general traffic circulation.
5. Alteration. Any change, addition or modification in the construction, location or use of a building.
6. Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a
fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video
games or other similar player -operated amusement devices.
7. Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbital based structures. Includes satellite dish.
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 1 of 14
26
Seward City Code
(Apartment. See Dwelling)
8. Auto repair station. A place where a qualified automotive mechanic provides services such as general
motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body,
frame and fender straightening and repair, painting and undercoating of motor vehicles.
9. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation
of tires, batteries and other accessories and services which do not customarily or usually require the
services of a qualified automotive mechanic. Also known as a gas station.
(Bed and breakfast. See Lodging)
(Boarding or rooming. See Lodging)
10. Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an
accessory use.
11. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or
property of any kind.
12. Building area. A total area taken on a horizontal plane at the main grade level of the principal building
and all accessory buildings, exclusive of external steps.
13. Building, existing. A building erected prior to the adoption of this Code or one for which a legal building
permit has been issued.
14. Building height. The vertical distance above a reference datum measured to the highest point of the
coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable
of a pitched or hipped roof. The reference datum, which must be between the building and the
property line or in a dedicated public right-of-way that is accessible to fire suppression personnel and
rescue equipment, shall be selected by either of the following, whichever yields the greater height of
the building:
a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal
distance of the exterior wall of the building when such a sidewalk or ground surface is not more
than ten feet above the lowest grade; or
b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface
described in subsection a., above is more than ten feet above the lowest grade. The height of a
stepped or terraced building is the maximum height of any segment of the building.
15. Building, principal or main. A building in which is conducted the principal or main use of the lot on
which the building is situated. Attached garages, porches and carports shall be considered to be part of
the principal building.
(Bunkhouse. See Housing)
16. Business, general sales. A premises where the sale of goods or commodities to the consumer takes
place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing
equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores.
17. Business, personal service. The conduct of business where personal assistance is offered for
compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
18. Campground. A plot of ground upon which two or more campsites are located, established or
maintained for occupancy by camping units as temporary living quarters for recreational or vacation
purposes.
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 2 of 14
27
Seward City Code
a. Campground, municipal. Campgrounds owned or operated by the City and designated as public
campgrounds by resolution of the City Council.
b. Campground, private camper parks. A privately owned and operated campground on any parcel,
or adjacent parcels of land in the same ownership, which is used by two or more camping units.
c. Campground, employee. An area operated by an established business with high seasonal
employment of transient workers as a housing alternative and not construed to be a construction
camp.
19. Camper park. A privately owned and operated campground on any parcel, or adjacent parcels of land
in the same ownership, which is used by two or more camping units.
20. Camping unit. A tent or recreational vehicle.
21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care,
protection and supervision is provided for children other than the occupant's. Also called day care,
nursery school, preschool and kindergarten.
22. Church. A building, structure or group of buildings or structures primarily intended for conducting
organized religious services and associated accessory uses. The definition of a church shall be
dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office
interpretation. A standard single-family residence not remodeled for public meetings shall not be
considered a church.
23. Clinic. A building or portion thereof containing offices and facilities for providing out -patient medical,
dental or psychiatric services, and which may include a dispensary to handle medication and other
merchandise prescribed by physicians in connection with their medical practice.
24. Club, private. A building and related facilities owned or operated by a corporation, association or group
of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its
members, but not primarily for profit, and whose members meet certain prescribed qualifications for
membership and pay dues. Includes lodges.
25. Cluster subdivision. A development design technique that permits a reduction in lot area provided
there is no increase in the number of lots permitted under a conventional subdivision or increase in
overall density of development by concentrating buildings in specific areas on a site to allow the
remaining land to be used for recreation, common open space and preservation of environmentally
sensitive areas.
(Commercial building apartment. See Dwelling)
26. Commercial communications tower. A structure intended to support equipment used to transmit
and/or receive communication signals including monopoles, guyed and lattice steel structures. This
definition does not include a tower that supports only one or more amateur radio antennas.
27. Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner,
lessee or licensee.
(Condominium. See Dwelling)
(Convalescent or nursing home. See Housing)
28. Convenience store. A small-scale neighborhood grocery establishment offering for sale prepackaged
food products, household items and other goods commonly associated with the same and having a
gross floor area of less than 5,000 square feet.
(Dormitory. See Housing)
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 3 of 14
28
Seward City Code
29. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic
beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar,
cocktail lounge, tavern and nightclub.
30. Drive-in facility. Any portion of a building or structure which by design permits customers to receive
services, obtain goods or be entertained while remaining in their motor vehicles.
31. Dwelling. A building designed or used exclusively as living quarters for one or more families.
a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to
be occupied or which is occupied as the home or residence of an individual for daily living and
doing his own cooking independently of any other individual or family in the same building.
b. Apartment, commercial building. An apartment located within a building designed to
accommodate a mix of residential and commercial uses.
c. Apartment, efficiency (also called accessory apartment). A single separate dwelling unit
consisting of not more than one habitable room which includes combined kitchen, dining and
sleeping areas with accompanying sanitary facilities, and which is located within or shares a
common wall with a single-family dwelling.
d. Apartment, owner or manager. An apartment within a building that is designed to be used
exclusively as the living quarters for the owner or manager family of that building or a
commercial business located in the building.
e. Apartment, studio. A small apartment less than 500 square feet with a fully functional kitchen
and bathroom.
f. Condominium. A form of housing ownership by which a person may purchase and own one
dwelling unit in a multiunit building or development. Each owner owns a common interest in
such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms
and recreation rooms.
g. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests.
h. Mobile home. A factory -built home designed to be used as a year-round residential dwelling and
originally designed and mounted on wheels and/or axle supports for transportation by another
vehicle.
i. Modular home. A factory -built residential structure that is transportable in one or more sections,
is built on a permanent chassis, and is used as a place of human habitation, but which is not
constructed with a permanent hitch or other device allowing transport of the unit other than for
the purpose of delivery to a permanent site, and which does not have wheels or axles
permanently attached to its body or frame. Includes factory -built and manufactured home.
j. Multiple -family. A building designed as a residence for three or more families, with the number
of families in residence not exceeding the number of dwelling units provided and each living
independently of the other under one roof.
k. Single-family, attached. A building containing two or more dwelling units, each of which has
primary ground floor access to the outside and which are attached to each other by party walls
without openings. Also commonly called townhouse, row house and zero -lot line.
I. Single-family, detached. A building designed and/or used exclusively for occupancy of one family
and entirely surrounded by open space on the same lot.
m. Two-family or duplex. A building containing two single-family dwelling units totally separated
from each other by an unpierced wall extending from ground to roof or unpierced ceiling and
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 4 of 14
29
Seward City Code
floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both
dwelling units.
n. Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping
accommodations and at least one bathroom and designed to be occupied exclusively as a
residence by one family.
o. Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or
industrial building or structure for the purpose of housing a watchman or caretaker and
immediate family.
32. Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship
living together in a dwelling unit as a single housekeeping unit and distinguished from a group
occupying a rooming house, club, fraternity house or hotel.
33. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept
as livestock.
34. Flea market. An occasional or periodic sales activity held within a building or open area where groups
of individual sellers offer goods, new and used, for sale to the public, not to include private garage
sales.
35. Floor area, useable. That area used for or intended to be used for the sale of merchandise or services
or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the
building. Such floor area which is used or intended to be used for the storage or processing of
merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable
floor area.
36. Fractions. In the determination of density, required parking spaces or other requirements of this Code,
computations resulting in a fractional number of 0.50 or above shall be considered the next larger
whole number.
37. Garage, private. An accessory building or portion of a main building designed or used solely for storage
of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is
accessory.
38. Greenhouse, commercial. A light -permeating structure used for cultivating and growing plants in a
controlled temperature and humidity environment where such plants are offered for sale either on the
premises or at another location.
(Group care home. See Housing)
(Guest house. See Dwelling)
39. Guide service. Any premises used for collecting or returning persons from recreation trips when
remuneration is provided for the service.
(Halfway house. See Housing)
40. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health
or recreational), reducing salons and weight control establishments.
41. Historic district. An area containing buildings or places in which historic events occurred or having
special public value because of notable architectural or other features relating to the cultural or artistic
heritage of the community of such significance as to warrant conservation and preservation.
42. Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building,
and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof, and in connection with
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 5 of 14
30
Seward City Code
which there is no exterior sign, no display or stock in trade, no outside storage of materials or
equipment, no commodity sold upon the premises and not more than two persons are engaged in such
occupation.
43. Home professional office. A home occupation consisting of the office of a practitioner of a recognized
profession.
(Hostel. See Lodging)
(Hotel. See Lodging)
44. Housing. Structures providing housing for groups of people, such as students, employees or nursing
home residents.
a. Bunkhouse. A building used as living quarters for employee housing where shower and sanitary
facilities are shared and in which there are no individual cooking facilities.
b. Convalescent or nursing home. A structure with sleeping rooms where persons are housed or
lodged and are furnished with meals, nursing and medical care.
c. Dormitory. A building used as residential group living quarters for a student body or religious
order as an associated use to a school, orphanage or other similar institutional use, and does not
include kitchen facilities except a group kitchen facility to serve all residents.
d. Group care home. A dwelling shared by no more than five disabled persons, plus resident staff,
who live together as a single housekeeping unit and in a long-term, family -like environment in
which staff persons provide care, education and participation in community activities for the
residents with the primary goal of enabling residents to live as independently as possible in order
to reach their maximum potential. The term "group care home" shall not include alcoholism or
drug treatment centers, work release facilities for convicts or ex -convicts or other housing
facilities serving as an alternative to incarceration.
e. Halfway house. A licensed home for inmates on release from more restrictive custodial
confinement, or initially placed in lieu of more restrictive custodial confinement, wherein
supervision, rehabilitation and counseling are provided to mainstream residents back into
society, enabling them to live independently. Such placement is pursuant to the authority of the
Alaska Department of Corrections.
45. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes,
trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper,
plastic or other scrap materials.
46. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding,
buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit,
pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does
not include an animal shelter.
47. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm
animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.). Does not include cats, dogs and other
common household pets.
48. Loading space. A space located on premises for pickup and delivery at the premises. Required off-
street loading space shall not be included as an off-street parking space.
49. Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping
accommodations for a period of less than 30 consecutive days.
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 6 of 14
31
Seward City Code
a. Bed and breakfast. An owner occupied and operated single-family residential dwelling where
lodging with a meal is provided for compensation on a short-term basis. The term does not
include boardinghouses and separate apartments which are leased on a month -to -month or
longer basis.
b. Boarding or rooming. An owner occupied building which has not more than five rooms available
for rent or lease on other than a day-to-day basis and not open to transient guests for residential
occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals
may be regularly prepared and served for compensation at a table, family -style, without service
or ordering of individual portions from a menu. The term includes lodging house or rooming
house but does not include separate apartments with individual kitchen and bath facilities.
c. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for
hikers, cyclists or other travelers not generally traveling by car.
d. Hotel. A facility with six or more guest rooms and on -premises management offering transient
lodging accommodations to the general public on a daily rate where access to all sleeping rooms
is through a main entrance and which may provide food, entertainment, meeting rooms,
recreational facilities or various personal services. Includes lodges and inns.
e. Motel. A building, or group of detached or connected buildings, having six or more guest rooms,
an on -premises manager and parking conveniently located on the premises, which are designed
primarily to offer sleeping accommodations, with or without meals, to the motoring public on a
daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar
terms.
f. Short-term rental. A dwelling unit, or portion thereof, that is offered or provided to a guest for
compensation for a period of less than 30 consecutive days. Short-term rentals may be in
individual rooms in single-family homes, units in apartments, condominiums, townhouses, and
multifamily dwellings.
(Long-term rental. See Rental, long-term)
50. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage
and area and to provide such yards and other open spaces as are herein required. Such lot shall have
frontage or access on a public street or on an approved private street and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record, or complete lots of record and portions of lots of
record, or portions of lots of record; or
d. A parcel of land described by metes and bounds, provided that in no case of division or
combination shall any residual lot or parcel be created which does not meet the requirements of
this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to
eliminate interior lot lines.
1. Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and
alleys.
2. Lot, buildable or useable area. That portion of a lot that a prudent person would use to
construct a building and provide required parking. This excludes lakes and rivers, creeks,
cliffs, marshes and other similar natural obstacles to development with the property
counting toward minimum required size.
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 7 of 14
32
Seward City Code
3. Lot, corner. A lot situated at the intersection of two or more streets having an angle of
intersection of not more than 135 degrees.
4. Lot coverage. The area of a site covered by building or roofed areas, including covered
porches, decks and accessory buildings, but excluding allowed projecting eaves.
5. Lot depth. The horizontal distance between the front and rear lot lines measured on the
longitudinal centerline.
6. Lot, flag. A lot or parcel located to the rear of another lot or parcel, the main body of which
does not front on a street and is accessed by a narrow corridor.
7. Lot frontage. The portion of a lot abutting a street. Measured along the horizontal distance
between the points of intersection of the side lot lines with the front lot line.
8. Lot, interior. A lot other than a corner lot.
9. Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the
case of a corner lot, the owner may choose which street he shall designate as the front of
the lot. Once the choice of frontage has been made, it cannot be changed unless all
requirements for yard space are met.
10. Lot line, rear. A line opposite and most distant from the front lot line and, in the case of
irregular or triangular shaped lots, a line not less than ten feet in length within the lot,
parallel to and at the maximum distance from the front lot line.
11. Lot line, side. Lot boundary not a front lot line or a rear lot line.
12. Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots
can be constructed with a common party wall providing a proper fire wall rating. All other
aspects are the same as in conventional development.
13. Lot width. The average horizontal distance separating side lot lines of a lot and at right
angles to its depth. The lot width for lots surrounding a cul-de-sac bulb and flag lots will be
measured on the mean horizontal distance between side lot lines.
51. Lumberyard. An establishment that sells sawn timber and other building materials typically stored on
the premises.
52. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials; or a use engaged in storage of or
manufacturing processes using flammable or explosive materials; or storage or manufacturing
processes that potentially involve hazardous or commonly recognized offensive conditions.
53. Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared
material, of finished products or parts that, because of the nature of its equipment, operations,
processes, materials, and products, has little or no potential of creating noise, vibration, dust, smoke,
fumes, odor, glare, or other environmental impacts on surrounding properties or uses.
54. Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and any
amendments thereto.
55. Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana
testing facility, a marijuana product manufacturing facility, or a retail marijuana store as those terms
are defined in AS 17.38.900 and any amendments thereto.
a. Marijuana cultivation facility. Marijuana cultivation facility means an entity registered to
cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 8 of 14
33
Seward City Code
marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not
to consumers.
1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has the
privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3 AAC
306.405(c), except that it must have fewer than 500 square feet under cultivation.
b. Marijuana product manufacturing facility. Marijuana product manufacturing facility means an
entity registered to purchase marijuana; manufacture, prepare, and package marijuana products;
and sell marijuana and marijuana products to other marijuana product manufacturing facilities
and to retail marijuana stores, but not to consumers.
c. Marijuana testing facility. Marijuana testing facility means an entity registered to analyze and
certify the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana
from marijuana cultivation facilities, to purchase marijuana and marijuana products from
marijuana product manufacturing facilities, and to sell marijuana and marijuana products to
consumers.
56. Marijuana products. Marijuana products means concentrated marijuana products and marijuana
products that are comprised of marijuana and other ingredients and are intended for use or
consumption, such as, but not limited to, edible products, ointments, and tinctures.
57. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may
include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor.
(Mobile home. See Dwelling)
58. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more
mobile homes are located or for which space is leased or held out for lease or use on a month -to -
month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked
for inspection and sales and shall not be construed to mean tourist facilities for parking of travel
trailers, motor homes or campers.
59. Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to
place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic
device or decontamination equipment.
(Modular home. See Dwelling)
(Motel. See Lodging)
(Multiple -family. See Dwelling)
60. Nonconforming building. Any building or portion thereof lawfully existing at the effective date of the
ordinance affecting it and which does not conform to all of the use, height and density regulations of
the zone in which it is located.
61. Nonconforming use. A use which lawfully occupied a building or land at the effective date of the
ordinance affecting it that does not conform to the use provisions of the zoning district in which it is
located.
62. Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive.
63. Office. A building or portion of a building wherein services are performed involving predominantly
administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public
service or government agencies.
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 9 of 14
34
Seward City Code
64. Open area. Open area is any portion of the lot not:
a. Covered by a structure, or;
b. Used for parking spaces and maneuvering.
65. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal
entity having sufficient proprietary interest in the land, including the attorney or agent thereof.
66. Owner -occupied. The use of a dwelling unit as the primary residence and permanent place of abode for
the individual who holds the title of a property.
67. Park. Any public land available for recreational, educational, cultural or aesthetic use.
68. Parking area. A structure or an open area, other than a street, alley or other right-of-way, on which
vehicle parking spaces are defined, designated or otherwise identified and available, whether free or
for compensation, for use by the public, clients, tenants, customers, employees or owners of the
property for which the parking area is required by ordinance.
69. Parking requirements as stated in terms of employees. The maximum number of employees who will
be at the site at one time on either a single shift or an overlap of shifts.
70. Parking space, off-street. A designated area sufficient in size to accommodate one motor vehicle,
exclusive of maneuvering room, designed with adequate independent access to, but located off, any
street, alley or other right-of-way.
71. Parking, valet. Attendant parking provided as a service to patrons of commercial establishments.
72. Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or
from store to store transporting goods, wares or merchandise for sale or offering or exposing the same
for sale or making sales and delivering articles to purchasers. (See Transient merchant and Vending,
Street.)
73. Planned unit development. A land development under unified control that is planned and constructed
in its entirety as a single development operation or in a series of programmed stages. The development
may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other
site features and improvements some of which may not otherwise be individually permitted.
74. Profession. An occupation or calling requiring the practice of a learned art through specialized
knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of
medicine, lawyer, engineer or real estate broker.
75. Professional office. The office of a member of a recognized profession maintained for the conduct of
that profession.
76. Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating
rinks, bowling lanes or shooting/archery ranges.
77. Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields
or miniature golf.
78. Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for
humans and which may be driven, towed or propelled from one location to another without change in
structure or design, whether or not the same is supported by wheels or identified by a model, serial or
vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches,
motor homes, truck campers and similar vehicles.
79. Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites
are located, established or maintained for commercial occupancy by recreational vehicles of the
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 10 of 14
35
Seward City Code
general public as temporary living quarters for recreation or vacation purposes. Includes trailer park
and camper park.
80. Recycling center. A building in which used material is separated and processed prior to shipment to
others who will use those materials to manufacture new products.
81. Recycling collection point. An incidental use serving as a neighborhood drop-off point for temporary
storage of recoverable resources. No processing of such items would be allowed. This facility would
generally be located in a shopping center parking lot or in other public/quasi-public areas such as
churches and schools, as opposed to being allowed on residential or vacant lots.
(82) Rental, long-term. A dwelling unit, or portion thereof, that is rented, loaned, leased, or hired out for a
period of 30 consecutive days or more.
(Rental, short-term. See Lodging)
83. Repair service, household/appliance. A business establishment where repairs are made to appliances
and furniture.
84. Residence. A home, abode or place where an individual is actually living at a specific point in time.
85. Resource extraction. Commercial or industrial operations involving the removal of nonrenewable
natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar
characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and
crushers.
86. Restaurant. An establishment whose principal business is the sale of food and/or beverages to
customers in a ready -to -consume state and whose principal method of operation includes one or both
of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods and beverages by
a restaurant employee at the same table or counter at which the food and beverages are
consumed; and/or
b. A cafeteria -type operation where food and beverages generally are consumed within the
restaurant building.
87. Restaurant, fast-food. An establishment whose principal business is the sale of quickly prepared, ready -
to -eat food and/or beverages for consumption within the restaurant building, within a motor vehicle
parked on the premises, or off the premises as carry -out orders, and whose principal method of
operation includes the following characteristics: orders are generally taken at a main counter or drive -
up window and food and/or beverages are usually served in disposable wrapping or containers. This
includes drive-in and carry -out restaurants.
88. Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by, but
not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities.
89. Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment of
junk or waste material, including scrap metal or other scrap materials, or for the dismantling,
demolition or abandonment of automobiles, machinery, other vehicles or parts thereof.
90. School. Any public, religious or nonprofit facility providing a general curriculum of academic or
vocational instruction serving any or all grades between kindergarten and twelfth grade.
91. School, commercial. A facility providing commercial instruction in such activities as music, dance, arts,
crafts and sailing.
92. School, adult vocational. A facility providing a general curriculum of adult academic or vocational
instruction.
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 11 of 14
36
Seward City Code
93. Setback. The required minimum distance from a right-of-way or lot line that establishes the area within
which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure
including, but not limited to, decks, stairways, porches or other attachments to a building are
specifically prohibited in the setback. Building eaves are permitted to extend into the setback a
maximum of two feet.
94. Shopping center. A single complex which provides a combination of retail establishments designed in
such a manner as to provide convenience for shoppers with common parking facilities. Includes mall.
(Single-family, attached. See Dwelling)
(Single-family, detached. See Dwelling)
95. Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a
manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc.
96. Storage. A structure or designated area that provides space for storing.
a. Container. An accessory storage use consisting of containers such as semi -tractor vans, shipping
containers and conex containers originally designed to transport goods and materials via
highway, rail, air or sea, which are placed on a parcel of land and used for covered storage
provided that all wheel assemblies have been removed, and the unit is located outside any
setbacks. Containers, whether temporary or permanent, are considered a structure and must
comply with current adopted building codes. Railroad box cars are excluded except in the
industrial zone. (See Accessory Use/Building, Building, and Structure)
b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any
goods, junk, material, merchandise or vehicles in the same place for an extended period of time.
In the harbor commercial area, the use is limited to the storage of boats only.
c. Self-service. A building or group of buildings consisting of individual, small, self-contained units
that are leased or owned for storage of business and household goods or contractors' supplies.
Includes mini warehouses.
d. Warehouse and distribution. A building used primarily for the storage and/or distribution of
goods, products, materials, supplies and equipment, but excluding bulk storage of materials that
are flammable or explosive or that create hazardous or commonly recognized offensive
conditions.
97. Street. A dedicated public way which affords the principal means of access to abutting property, such
as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as
defined herein.
98. Structure. Anything constructed or erected on the ground or attached to something having location on
the ground, including, but not limited to, buildings, towers, and sheds. Fences, retaining walls less than
three feet in height, signs and similar improvements of a minor character are excluded.
99. Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt.
100. Temporary structure. A structure without any foundation or footings as allowed by the adopted
building code which must be completely removed from the parcel when the temporary permit for the
structure/use expires.
101. Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying
materials, goods or objects or as a temporary office or business.
102. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the City or
not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 12 of 14
37
Seward City Code
calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or
nonprofit within the City by operating on a door-to-door, street corner or similar basis; or from no fixed
location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a
temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant
merchants and vendors. Does not include vehicles for hire.
(Two-family or duplex. See Dwelling)
(Unit, dwelling unit. See Dwelling)
103. Utility, public facility. An installation owned by an agency under public franchise or ownership, or under
certificate of convenience and necessity, providing the public with electriCity, gas, heat, steam,
communication, water, sewage collection or other similar service.
104. Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces
and licensed as a motor vehicle.
105. Vending. The sale of food, services or merchandise.
a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the general
public.
b. Mobile vending cart. Is a non -motorized structure or unit on wheels that is easily moved and
used for vending.
c. Mobile vendor. A person or business that sells food or permitted types of goods from City -
approved locations using (i) a licensed vehicle or cart capable of movement; or (ii) a licensed
trailer pulled behind a motor vehicle.
d. Pre -packaged food. Ready -to -eat food that is cooked, wrapped, packaged, processed, or
portioned for service, sale or distribution.
e. Roving vendor. A person who offers only pre -packaged food items to the public, with or without
the use of a licensed motor vehicle, from no fixed location on public property, only on rights of
way within designated zoning districts, excluding Fourth Avenue between Port Avenue and Van
Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway
Avenue.
f. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the City
or not, who engages in a temporary business, within a period not exceeding 150 consecutive days
in a calendar year, of selling and delivering goods and/or services, wares and merchandise for
profit or nonprofit within the City by operating from a location out-of-doors or in quarters that
are easily moveable, such as a temporary leased area or space, or motor vehicle, trailer or tent.
Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire.
Transient merchants operate exclusively from private property. (Note: Transient merchant
definition relocated. Previously 15.10.140. B. 95.)
106. Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered
to animals and domestic pets and which may include clipping, bathing, boarding and other services.
Includes veterinary clinic.
(Watchman or caretaker dwelling. See Dwelling)
107. Water -dependent. A use or activity which can be carried out only on, in or adjacent to water areas
because the use requires access to the water body for water -borne transportation, recreation, energy,
production or source of water.
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 13 of 14
38
Seward City Code
108. Water -related. Uses which are not directly dependent upon access to a water body but which provide
goods or services that are directly associated with water -dependent land or waterway use and which, if
not located adjacent to water, would result in a public loss of the quality of goods or services offered.
109. Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from
the ground upward, except as otherwise provided in this chapter.
a. Front. The area extending across the full width of a lot, measured between the front lot line and
the nearest exterior wall of the building, front of a bay window or the front of a covered porch or
other similar projection, whichever is the nearest to the front lot line.
b. Rear. A yard extending across the full width of the lot between the most rear extension of the
main building and the rear lot line. The depth of the required rear yard shall be measured
horizontally from the point of the rear lot line nearest to the main building. In cases of double
frontages and corner lots, there are no rear yards, only front and side yards.
c. Side. A yard between a main building and side lot line, extending from the front yard to the rear
yard. The width of the required side yard shall be measured horizontally from the nearest point
of the side lot line toward the nearest part of the main building.
110. Zero -lot line. The location of a building on a lot in such a manner that one or more of the building's
sides rests directly on a lot line.
(Ord. 626, § 3, 1989; Ord. 633, § 1, 1990; Ord. 92-02; Ord. 92-14; Ord. 93-05; Ord. 94-26; Ord. 95-07; Ord. 95-17;
Ord. 96-05; Ord. 97-12; Ord. 98-02; Ord. 98-06; Ord. 98-09; Ord. 99-01; Ord. 99-10; Ord. 99-16, § 3, 1999; Ord.
2003-09; Ord. No. 2010-005, § 1, 10-11-2010; Ord. No. 2011-004, § 1, 5-29-2012; Ord. No. 2014-002, § 1, 4-28-
2014 ; Ord. No. 2014-004, § 1, 5-27-2014; Ord. No. 2015-001, § 1, 2-23-2015; Ord. No. 2016-005, § 3, 6-27-2016;
Ord. No. 2018-002, § 4; Ord. No. 2018-004, § 1; Ord. No. 2020-012, § 1, 10-12-2020; Ord. No. 2022-002, § 1, 1-24-
2022; Ord. No. 2022-016, § 1, 1-9-2023; Ord. No. 2023-019, § 1, 7-10-2023)
(Supp. No. 29-1, Update 1)
Created: 2024-10-17 14:27:29 [EST]
Page 14 of 14
39
Parking
Seward City Code
15.10.215 Parking.
A. Except in the CB and the HC districts, there shall be provided permanently maintained off-street parking for
each principal business. It shall be the responsibility of the business owner to provide and maintain said off-
street parking in accordance with this chapter continuously during the life of the business.
B. For each principal building or use within a principal building, there shall be no less than the number of off-
street vehicle parking spaces specified under this section:
Land Use
Minimum Number of Parking Spaces
Dwellings and Lodges
Single-family and 2-family dwellings and parish houses
2 parking spaces per dwelling unit
Multiple -family dwellings and other places containing
multiple dwelling units
2 parking spaces per dwelling unit plus 1/2 space for
every unit larger than 2-bedrooms or greater than
1,000 square feet in size
Hotels and motels
1 space per guest unit
Lodging, rooming and boardinghouses
1 space per guest room plus spaces for the principal
dwelling unit
Dwelling, apartment efficiency
1 off-street parking space in addition to those
required of the principal dwelling
Dwelling, studio apartment
1 space per dwelling unit
Institutions and Public Uses
Churches, auditoriums, sports arenas, funeral chapels,
theaters and other places of public assembly
1 space for each 4 seats maximum capacity
Multi -family dwelling, institutional
1 space per unit
Hospitals, group care homes, long term care facilities
and other healthcare facilities
1 space per 2 beds at maximum capacity plus 1 space
for each employee on duty
Dormitories/Bunkhouses
1 space per 4 residents at maximum capacity
Public libraries, museums and art galleries; post
offices; community/senior centers
1 space per 1,000 square feet of gross floor area
Primary and secondary public and private schools
1 parking space for every 4 seats in the main
auditorium or assembly room, or 3 parking spaces for
every classroom plus 1 parking space for each staff
member or employee, whichever is greater
Post -secondary, vocational and music schools; dance
studios and colleges
parking space for each instructor and %z space for
each student, based upon maximum student capacity
at one time
Day care, nurseries and kindergartens
1/2 space for each staff member and employee plus 1
space for each 1,000 square feet of gross floor area
Offices
Office buildings (public and private), professional
center, financial institutions and other similar uses
1 parking space for each 500 square feet of gross
office floor area, but not less than 2 spaces
Office (medical or dental)
Two spaces per treatment room and one for each
doctor, dentist, hygienist or other professional
practitioner on site.
Entertainment and Services
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 1 of 4
41
Seward City Code
Skating rink, youth hall, fraternal and civic club,
assembly hall and other similar uses without fixed
seats
1 parking space for each 100 square feet of gross floor
area
Eating and drinking establishment
1 parking space per 200 square feet of gross floor
area, or one for each 4 seats, whichever is greater
Bowling alley
4 parking spaces for each alley plus 1 for each
employee on duty
Commercial
Food store, shopping center and mall
1 parking space for each 300 square feet of gross floor
area but not less than 6 spaces
Barber, beauty and other personal services shop
1 parking space per 100 square feet of gross floor area
Retail store or service business
1 parking space for each 300 square feet of gross floor
area
Service or repair shop; retail store handling exclusively
bulky merchandise such as machinery, furniture,
wholesale stores, appliances, carpet, showrooms, etc.
1 parking space for each 400 square feet of gross floor
area
Motor vehicle sales and service establishment
1 parking space for each 400 square feet of gross sales
floor area plus 4 spaces for each auto service stall
Laundry and dry cleaning establishment
1 parking space for each 500 square feet of gross floor
area, or 1 parking space for each 4 coin -operated
washing machines, dryers or dry cleaning machines,
whichever is greater
Gasoline service station
1 parking space for each 2 gas pumps plus 2 spaces for
each grease rack, wash rack and stall for servicing
vehicles
Industrial
Industrial, processing, manufacturing and assembling
1 parking space for each 500 square feet of gross floor
area except that office space shall provide parking
space as required for offices
Warehousing, storage and wholesale business
1 parking space for each 1500 square feet of gross
floor area, but not less than 3 spaces
Marine Related Uses
Harbor or marina
1 parking space for every 2 established boat stalls or
equivalent berths based on an average boat length of
40 feet and, if a launch ramp is included, a minimum
of 20% of the spaces will be long enough to
accommodate vehicles with boat trailers
Day cruise, charter boat operators licensed for 20 or
more people
1 parking space per 4 people maximum capacity
C. Unlisted uses. The requirements for off-street parking facilities for uses not specifically mentioned in this
section shall be the same as the above -mentioned use which, in the opinion of the administrative official, is
most similar to the use not specifically mentioned.
D. Minimum dimensions of off-street spaces and aisles. The minimum dimensions of spaces and aisles shall be
as follows:
1. Parking spaces shall be at least 9 feet wide and 18 feet long.
2. The minimum width of traffic aisles providing access to parking lot spaces shall be:
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 2 of 4
42
Seward City Code
Angle of Parking
(degrees)
One -Way
(feet)
Two -Way
(feet)
Parallel
12
20
30
14
21
45
16
22
60
18
23
90
20
24
E. Location. Subject to (1) and (2) of this subsection, all required parking shall be located on the lot occupied by
the principal use served, or on a lot abutting the lot occupied by the principal use.
1. Required parking may be provided on a lot that is not occupied or abutting the principal use, provided
that (i) there is a pedestrian route not longer than 600 feet to the lot occupied by the principal use, or
(ii) access is provided by a scheduled shuttle service or a valet parking attendant.
2. Required parking may be located on a lot not occupied by the principal use served only if (i) parking is a
permitted or conditional use in the zoning district for the lot, and (ii) the lot is made subject to a
recorded agreement among its owner, the owner of the lot occupied by the principal use and the City
that the required parking will be maintained for the benefit of the principal use served for the life of
that use.
F. Site plan. A site plan showing all parking areas shall accompany all applications for building permits. Said plan
shall show dimensions of spaces, curb cuts and other information necessary to determine compliance with
the provisions of this section. The administrative official shall approve or reject the site plan on the basis of
compliance with the requirements of this section. No building permit shall be issued until the parking site
plan is approved.
G. Street access. All off-street vehicle parking facilities shall be designed with appropriate means of access to
street, alley or other right-of-way, and will have adequate maneuvering area. No driveway or curb cuts in any
district shall be less than 12 feet or more than 35 feet in width. Detailed plans for all curb cuts shall be
submitted to the administrative official for approval before a building permit is issued.
H. Parking lots. Every lot or parcel of land used as a public or private parking area shall be developed as follows,
subject to the approval of the plans by the administrative official:
1. Lighting of all parking areas shall be arranged to reflect away from adjacent residential areas and all
public streets and highways;
2. All parking spaces and lots shall be durably surfaced, free of mud and standing water, and be dust free;
3. Where such area adjoins the side of a lot in any residential district, it shall be separated from such lot
by a fence or hedge not less than 4 feet or more than 6 feet in height. Such fence or hedge shall be
maintained in good condition and shall not extend beyond front yard lines required in such residential
district;
4. All parking (except that serving single-family and duplex residences) shall be so arranged that ingress
and egress are possible without backing over a sidewalk, sidewalk area, or onto a street of collector or
larger designation; and
5. Turning and maneuvering space (except that which services single-family and duplex residences) shall
be located entirely on private property, provided that the usable portion of an alley may be credited as
aisle space subject to safety approval by the City engineer.
I. Dual use of lots. Two or more buildings or uses may collectively provide the required off-street parking, in
which case the required number of parking spaces shall not be less than the sum of the requirements for the
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 3 of 4
43
Seward City Code
several individual uses computed separately. In the instance of dual function of off-street parking where
operating hours of uses do not overlap, the planning and zoning commission may, by conditional use permit,
reduce the required parking to any amount that meets the requirements of each use.
J. Computation of numbers of spaces. In figuring the total parking requirements for a use, any fraction of % or
more shall require one more space.
K. Reduction of spaces. No existing parking area and no parking area provided for the purpose of complying
with the provisions of this section shall, after adoption of the ordinance codified in this chapter, be
relinquished or reduced in any manner below the requirements of this section.
L. Uses of parking areas. Required parking areas and spaces shall not be used for sales display, storage, repair
work or any other purposes other than parking. All vehicles in custody of an operator of a business for
service, repair, storage, sale, or other purpose shall be stored on the premises or on a separate vehicle
parking lot and shall not be parked on a public right-of-way.
M. Location on property. Parking spaces shall be permitted in any required yard area provided that within the
residential districts no parking space shall be permitted within five feet of any side property line.
N. Intersection with public street. At the intersection of any private drive or entrance or exit for a common
parking area with a public street, no fence, wall, hedge, or other planting or structure forming a material
impediment to visibility between a height of 21/2 feet and eight feet shall be erected, planted, placed or
maintained, and no vehicle so impeding visibility shall be parked within triangular area defined by lines
connecting points as follows:
Beginning at the point where the midline of the private drive or entrance or exit for a common parking
area intersects the public right-of-way to a point 35 feet along the right-of-way line in the direction of
the nearer lane of approaching traffic, thence to a point 25 feet toward the interior of the property
along the previously described midline, and thence to point of beginning.
0. Accessible parking requirements. All parking shall comply with the Americans with Disabilities Act.
P. Group use of lots. Where more than one tenant or use is included within any one building or on any one lot,
the parking requirements shall be the sum total of the parking requirements for all of the various tenants or
uses provided, however, that:
1. The aggregation of tenants or uses shall meet all the requirements within the definition of "shopping
center" in order to become entitled to utilize the parking ratio specified in section 15.10.215(B).
2. Where a hotel or motel has other principal uses such as restaurants, bar and meeting rooms located on
its premises, the principal use requiring the greatest amount of parking shall provide 100 percent of
the required parking spaces and the other uses shall provide, in addition, at least 70 percent of the
parking spaces which would be required if these were stand-alone uses.
3. Where a convenience store includes a self-service gas station, the required parking shall be determined
by the parking ratio specified in section 15.10.215(b). No additional parking spaces will be required for
gasoline service station.
(Ord. 626, § 3, 1989; Ord. 93-06; Ord. 94-17; Ord. 96-02; Ord. 96-13; Ord. 98-06; Ord. 98-09, § 2; Ord. No. 99-13, §
1, 1999; Ord. 99-16, § 4, 1999; Ord. No. 2006-007, § 1, 9-7-2006; Ord. No. 2013-001, § 1, 1-28-2013; Ord. No. 2018-
004, § 1)
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 4 of 4
44
O 8 https.;iwww.apenparkingmap.00m60.1053144/-149.4369304114.84
openParkingMap p
Show At -Grade Parking
❑ Exclude street -side parking
❑ Exclude private parking
Details
At -Grade Parking: 20.7 ac
Area in Window: 1014.0 ac
of window: 2-0 %
Download GeoJSON
Data Is puled from
OpenSfreefMap. Details here
carryon Rd
20.7 acres is 901692 square feet
If a standard parking space is 9'x18' (162 square feet) then there is enough space (on this
incomplete map) to park 5566 standard vehicles in the red areas on this map. This does not include
the waterfront RV area, nor did I have time to include the street parking available on many streets
such as 3rd Ave. It's also enough space for about 300 standard sized (3000 sq ft) lots (actually a bit
less because we would not include the parts in the ROW but it serves it's point).
F
1
a
Monroe 5t
Marathon View
Sewar▪ d 700
Resurrection ▪ North
Campground
Waterfro▪ nt Park
• f~ I
esurreclion South
Camperound
pod E ■
...11 ow Lodge
. TCM Ar
11411
The Tides
� l
■
0A Alaska E, Ule Center
45
• C
0 8 https:rrwww.apenparkingmap.com/60.1118848.1-149.4354432/14.64
Three Bears
OpenParkingMap p
Show At -Grade Parking
❑ Exclude street -side parking
O Exclude private parking
Details
At -Grade Parking: 32.0 ac
Area in Window: 1 h13-8 ac
% et window: 3.2
Download GecJSCN
Data is purred from
PoenSireerMap- Deleirs here_
Marathon0 r
�Bst`
r,r. ,.T..-r-�33 •
The harbor is less dense and more parking with an additional 10 acres over what the downtown
already has to offer. Between the two there is enough space to park 14170 standard -sized vehicles.
This exceeds the city's population by about factor of 5 or including the greater Seward area a factor
of about 2.5. Keep in mind this is just an analysis for the parking available downtown, and the
harbor and is not wholly inclusive of all city limits.
•
46
F' 2LY NEWSvl
—Pt-ay
Radio
L. . cN LIVE I
PLAYLIST I
n p
NATIONAL
DONATE
From Austin to Anchorage, U.S. cities opt to ditch their off-
street parking minimums
JANUARY 2, 2024 • 5:01 AM ET
HEARD ON ALL THINGS CONSIDERED
Laurel Wamsley
3-Minute Listen
Download
PLAYLIST
47
Austin, Texas, is the country's largest city to toss out its requirements for off-street car parking. The city hopes
removing the mandates will encourage other modes of transportation and help housing affordability.
Brandon Bell/Getty Images
The city council in Austin, Texas recently proposed something that could seem
like political Kryptonite: getting rid of parking minimums.
Those are the rules that dictate how much off-street parking developers must
provide — as in, a certain number of spaces for every apartment and business.
Around the country, cities are throwing out their own parking requirements —
hoping to end up with less parking, more affordable housing, better transit, and
walkable neighborhoods.
Some Austinites were against tossing the rules.
'Austin has developed as a low density city without adequate mass transportation
system," said resident Malcolm Yeatts. "Austin citizens cannot give up their cars.
Eliminating adequate parking for residents will only increase the flight of the
middle class and businesses to the suburbs."
CONSIDER THIS FROM NPR
How Parking Explains Everything
But much more numerous were voices in support of eliminating the minimums and
the impact they've had on housing costs, congestion, and walkability.
"I think our country has used its land wastefully, like a drunk lottery winner that's
squandered their newfound wealth," said resident Tai Hovanky. "We literally paved
paradise and put up a parking lot."
The amendment sailed through the council — making Austin the biggest city in the
country to eliminate its parking mandates citywide.
Dozens of cities have ditched parking minimums
But it's not just Austin. More than 50 other cities and towns have thrown out their
48
minimums, from Anchorage, Alaska, and San Jose, Calif., to Gainesville, Fla.
"They're all just dead weight," says Tony Jordan, the president of the Parking
Reform Network, of parking minimums. One issue is just how arbitrary they can
be.
Take bowling alleys. Jordan says the number of required parking spots per bowling
lane could vary anywhere from two to five, in cities right next to each other.
"What's the difference between a bowler in city A and city B? Nothing. It's just
these codes were put in ... very arbitrarily back 30 or 40 years ago and they're
very hard to change because anytime the city wants to change them, there's a
whole big hoopla," he says.
1 o ;
�4? '
'. *I ! . :�..-�, - . .... , ,.
t
4//////// /////1////
\\\\\\\ \\\\\\\\\\ \
//// /I/ / //7// //////////
/ /, /14 //// /1/////////
San Francisco is one of many U.S. cities that has thrown out its parking minimums in recent years.
Justin Sullivan/Getty Images
Random as these rules can be, they have major consequences: Parking creates
sprawl and makes neighborhoods less walkable. Asphalt traps heat and creates
runoff. And parking minimums can add major costs to building new housing: a
single space in a parking structure can cost $50,000 or more.
49
One 2017 study found that including garage parking increased the rent of a
housing unit by about 17 percent.
AUTHOR INTERVIEWS
Why the U.S. builds more three -car garages than one -bedroom apartments
LISTEN • 8:00 PLAYLIST
Download
Transcript
The real problem, says Jordan, is what doesn't get built: "The housing that could
have gone in that space or the housing that wasn't built because the developer
couldn't put enough parking. ... So we just lose housing in exchange for having
convenient places to store cars."
A move to let the market decide
Austin City Council member Zo Qadri was the lead sponsor on the resolution to
remove parking mandates there. He emphasizes that getting rid of parking
mandates isn't the same thing as getting rid of parking: "It simply lets the market
and individual property owners decide what levels of parking are appropriate or
needed."
Austin removed parking requirements for its downtown area a decade ago, "and
the market has still provided plenty of parking in the vast majority of the projects
since then," says Qadri.
A new survey from Pew Charitable Trusts found that 62% of Americans support
property owners and builders to make decisions about the number of off-street
parking spaces, instead of local governments.
Angela Greco, a 36-year-old musician and copywriter in Austin, is one of them.
She drives, but prefers to walk or take transit. She's not worried that doing away
with the old rules will make it too hard to find a place to park.
"I've lived in like cities where it's way more difficult, like New York and L.A.,"
Greco says. "Parking just isn't that difficult in Austin to me to begin with, even in
50
really dense areas."
Many cities hope that ditching their parking requirements will make their neighborhoods more amenable to
biking and walking. People are seen biking and walking along Park Avenue near Grand Central Station during the
Summer Streets initiative in New York City in August 2022.
Ed Jones/AFP via Getty Images
She says the question of whether the city invests in transit and walkability, or
doubles down on cars, is decisive in whether she'll live in Austin long-term.
"Like if it doesn't seem like the public transit's going to get better, and if it seems
like the highway expansion is going to happen, then I'm probably going to start
looking for where else I can live. ... It's a major factor in my life and my happiness.
Like sometimes I'm driving on the road and I'll be in traffic or something or even
just on the highway, and it's such an ugly landscape;" Greco says. "And then I'll
think: this isn't really how I want to spend my adult life."
Too much parking can hinder effective transit
51
What about the idea that cities without good transit can't cut back on parking?
Jonathan Levine, a professor of urban and regional planning at the University of
Michigan who studies transportation policy reform, says cities' parking minimums
can make good transit nearly impossible to develop.
"An area that has a lot of parking is transit -hostile territory," he says.
He explains why: When people take transit, they complete their journey by walking
to their destination. A sea of parking at the destination makes that walk longer,
and it makes the physical environment less appealing to those on foot.
BUSINESS
Street Food: Cities Turn Parking Spaces Into Dining Spots And No One
Seems To Mind
"Who wants to walk by a bunch of parking lots to get to your destination?" Levine
notes.
And having tons of parking encourages driving. "If you have parking everywhere
that you're going, that parking essentially is calling to the drivers, drive here! Park
here! ... So if you keep on designing those areas by governmental mandate, you're
creating areas that transit can't serve effectively," says Levine.
Many more U.S. cities — including New York City, Milwaukee, and Dallas — are
exploring getting rid of their parking minimums too. Duluth, Minn., lifted its
parking mandates in December.
Levine says getting rid of these rules is good news for cities.
"It's a huge drag on housing affordability. And it's a huge impediment for cities
fulfilling their destiny, which is enabling human interaction. Because what parking
does is it separates land uses, separates people. It makes cities have a much more
sprawling physical profile than they otherwise would have."
austin, texas parking urban planning land use
52
Let's talk about
Anchorage's parking
problem.
Assembly Worksession on AO 2022-80 (S)
November 18, 2022
Solution: End
Parking
Minimums
In 2015, Fayetteville, AK was the
first city to end parking minimums
citywide
Have other cities done this? Yes!
Progress on Parking Mandates
City Search:
BC AB
No Parking Requirements M
•
IPIPINI
.Vancouver
San Francisco
Los Angeles •
QC
NL
Montreal 1 PE
WI i• Toronto
•) •� AIII J NY • •wsion
•C�cago 10_�r
IL OH PA lew York
IN .Philadelphia
KY. VA \Washington
( d(f I FL
(alga? •Miami
Mexico
Leaflet I Map tiles by Stamen Design, CC Fef4tk n Map data ® OpenStreetMap contributors
Scope of Reform
IRegional
Citywide
City Center/District K
Transit Oriented @j
Main Street/Special
https://parkingreform.org/resources/mandates-map/
Have other cities done this? Yes!
Edmonton, Alberta Hartford & Bridgeport, Connecticut
Minneapolis & St. Paul, Minnesota Raleigh, North Carolina
Ann Arbor, Michigan Lexington, Kentucky
South Bend Indiana San Francisco & Alameda, California
Toronto, Ontario Portland, Oregon
Buffalo, New York Jackson, Tennessee
Cambridge, Massachusetts West Allis, Wisconsin
Things to consider:
1. Removing parking minimums # Removing existing parking
2. Builders, developers, and business owners are not prohibited from including
parking - it leaves the decision up to them.
3. ROW and Street Maintenance concerns are often separate issues that
impact parking but are not directly related to parking minimums.
Policy Goals of the S Version
1. Make it more affordable to build housing & commercial development
2. Give designers & developers more flexibility
3. Simplify proposed changes to Title 21
4. Encourage adaptive re -use of vacant properties
5. Prioritize the creation of connected spaces over empty swaths of pavement
6. Accommodate non -motorized, multimodal travel
03 After parking minimums were repealed, the
Sightline
Woody Guthrie building provided almost 3x
more affordable homes than Reedway Place.
• Reedway Place
24 units
24 parking spaces
Woodie Guthrie
64 units
29 parking spaces
Images: Cate Gould, Google Earth
Johnson Tire - A Case Study
Adaptive Reuse -
• Apartments on the top floor - building up to add
more sq. footage - with decks
• Indoor Market: Cheese Shop, Butcher, Panderia,
Organic Veggies
• Brewpub
What does the S Version do?
Eliminates Parking Minimum requirements citywide
Increases ADA parking ratios when parking is provided
Creates Requirements for Bicycle Parking (previously part of an incentive
program in the original version)
Establishes a menu of Alternative Transportation Amenities that developers can
choose from for larger developments
See unnumbered Assembly Memorandum for comparison between original AO
and S version
ORIGINAL VS. S VERSION
Parking
Regulation
A.O. 2022-80 Amendment
(as introduced on 9-13-2022)
S-version Amendment
Minimum Off -
Street Parking
Requirements
(21.07.090A. - E.)
Applicability of
Parking Design
Standards
(21.07.090E.1.)
Maximum
Allowed
Parking
(21.07.090E.2.)
Parking
Reductions
(21.07.090F.)
Set area -specific minimum parking
requirements that are 10% to 35%
lower for urban neighborhoods and
public transit corridors.
Remove parking requirements in the
future within yet -to -be -created parking
management districts.
No change to current requirement that
all parking facilities must comply with
the Title 21 development standards for
constructing parking facilities.
No change to current maximum allowed
number of parking spaces, which is
125% of the minimum parking
requirement for most commercial uses.
Streamline approvals of % reductions in
the required number of parking spaces,
to become by -right approvals for
developments that incorporate parking
management strategies or that use less
parking (e.g., affordable housing).
Add to the menu of parking reduction
strategies, through which developments
may earn percentage reductions in the
parking requirement.
Completely remove off-street parking
requirements in all parts of the
Municipality.
No longer regulate the usage or
availability of parking spaces. Allow
shared and off -site parking, by -right.
Require all areas used for off-street
parking to meet the Title 21
development standards for parking
facilities.
Base the maximum allowed number of
parking spaces on the size of the
building.
Allow developments to provide little or
no parking, by -right, without having to
earn percentage reductions.
Beginning in 2024 after a transition
period, require large developments to
select one parking demand reduction
strategy from a simplified list of parking
reduction strategies. Exempt smaller
projects, affordable housing, etc.
Accessible
(ADA) Parking
Spaces
, 21.07.090J.)
Bicycle Parking
Requirements
(21.07.090K.)
No change to current required number
of accessible (ADA) parking spaces,
which is set as a ratio of the total
amount of (required) parking provided,
except in the urban neighborhoods with
a lower overall parking requirement.
Require most smaller developments to
provide at least one U-rack. Increase
the bike parking requirement in urban
neighborhoods and transit corridors.
Require a percentage of bike parking to
be in secure and sheltered areas for
employee and resident bike parking.
Fewer ADA spaces (or none) will be
required in developments that choose
to build fewer or no parking spaces.
Therefore, increase the number of
required ADA spaces as a ratio of the
total amount of parking provided.
Wait until 2024 to apply the amended
bike parking requirements, after a
transition period.
Increase the bike parking requirement
by the same amount in all areas,
rather than in just the urban
neighborhoods.
Allow co -location of bike parking
among uses.
The net effect of these changes is to simplify the parking regulations in Title 21, cutting
the code sections devoted to off-street parking requirements (21.07.090A. through F.)
from 20 pages down to 7 pages. These changes can be expected to reduce the time that
developers and municipal zoning plan reviewers must devote to ensuring conformance
with Title 21. For many kinds of developments, parking minimums also comprise the
largest site development costs and site area requirements mandated by Title 21.
Tables of Interest: ADA Requirements
(Note to Code Revisor. The following subsection 21.07.090J. was not
included in AO 2022-80 as introduced by the Assembly, but is included in
the S-Version and amended as shown below.)
J. Accessible Parking Spaces
1. Required Number of Accessible Parking Spaces. A portion of
the total number of parking spaces provided in each parking
facility for commercial, industrial, community, multifamily, and
mixed -use residential uses shall be accessible parking
spaces. These reauirements are intended to reflect
current national data on prevalence of mobility
disabilities. However, buildings in multifamily or mixed -use
developments that are single-family, two-family, or
townhouse style structures are not subject to the accessible
parking space requirement. The number of accessible
parking spaces shall be determined based on the total
AO (S) regarding Title 21 Text Amendment to Parking and Site Access Development Standards
Page 105 of 149
number of parking spaces provided, in accordance with table
21.07-7[8], Accessible Parking Spaces, except where
otherwise stated in this section.
AO (S) regarding Title 21 Text Amendment to Parking and Site Access Development Standards
Page 106 of 149
TABLE 21.07-Z[8]:
Total Parking Spaces
Provided
ACCESSIBLE PARKING
Total Accessible
Spaces Required
SPACES
Number of
Accessible Spaces
that shall be Van -
Accessible
11a1LL
1
1
11to25
2i1]
2[1]
26 to 50
4[2]
2[1]
51 to 75
fi[3]
2[1]
76 to 100
8[4]
2[1]
101 to 150
11[5]
2[1]
151 to 200
14[6]
2[1]
201 to 300
14[7]
2
301 to 400
14[8]
2
401 to 500
14i9]
2
501 to 1000
3[2] percent of total
1 for every 6 accessible
spaces
1001 and over
20 plus 2[1] for each 100
over1000
1 for every 6 accessible
spaces
69
Tables of Interest:
Required Bicycle
Parking
Note: This is from Simplified copy
a. A minimum of two bicycle parking spaces shall be
provided for each use in Table 21.07-8. For
commercial and community uses group living uses
with 10 or more beds and household living uses with
v40 or more dwellings the two spaces shall be located
outdoors and publicly accessible for customers and
short-term visitors.
TABLE 21-07.8: Bicyc e P rking Spaces Repaired
Use Categorvn'ype Mlnlmum Number of Minimum Peman one far
RIcvcla Spaces+ Long -Term Spaces
rar = a (for repaired bicycle ea* n its
•gfa•=gMPS 8nnr are.) a rase nt2kpactikkB
Multifamily and mixed-:5P dwellings
1 mace Der two dwellings
Ofirallifivicelleas-Raoffitagbourais-
HemelessancUmnsientsballers
S;ovemment administration & civic
facility Offices Hnsnitels/Healthcare
facilities
1 specs per 5 hods
90 oercent
99-natcact
lee tnee5_000efder
75 oercent
f'�8filrnl Facilities Fnterteinment&
Recreation Facilities
1 some oar 1n nn0 sf gfe
10 nascent
Scvnnls. f`nllan
.�. nnc-1 --mom
25 percent
Attachment A: Simplified Version efA0 2022-80 (S) for REFERENCE ONLY
AO 2022-80(S) Attachment A: Simplified S-Version — For Reference Only
11/09/2022
Page 50 of 60
TABLE 21 07-
Restaurants. Rays
1 apace per loon of eta
10 oercent
Retail Calms Persnnal Service Repair &
Santa(
ts^sca per 5 non sf ere
Ie.p=rrent
Vjaitnr occnmmodetiorre
1 space per 23 000 sf ale
75-perrem
industrialuse9
1 mace oar 25 n00 sf gfa
Mimed
lisps not innb Wed above except A.
provided in vthser:tien K 3 below
Minimum of 2 scene.
Nil remised
IA minimum of 2 soarers are remised for each use After the first 40 bicvcle parking spaces ng
additional bicvcle narking is reauired for env individual non-residential use
2The first 2 reauired spaces are not used n calculating the percentage of reauired Inng term emcee The
number of remiired Inng-term hicycle narking soarers is raleulated as a nemantege of the overall number
of rem tired snares hnynnd thn first two re aired snares
3. Exemptions. The bicvcle narking [THIS] requirements in
subsection 1 shall not apply to:
B Bicycle Parking Spaces Required
Tables of Interest: Alternative
Transportation Amenities/Parking
Use Reduction Strategies
F. Parking usage reductions; [AND] alternative transportation
incentives.
1.
Purpose. Incentivize and improve access to walking
bicyclina, ride -sharing, and public transit for residents
employees. and visitors of developments. in order to:
a. Save development costs through less parking:
b. Support efficient use of land and d ev opment-
c. Relieve traffic and parking congestion; and
d. Reduce parking conflicts between neighbors.
2. Applicability. This subsection is effective beginning January
1. 2024, and applies to multifamily developments with 20 or
more dwelling units. and commercial and community service
developments of 20.000 or more square feet of gross floor
area. Affordable housing units and senior housing units are
exempt.
3. Standard Applicants shall select one choice from the
alternative transportation incentives in Table 21.07-4 or
propose an alternative under subsection 4.
M'tI•n-y7 Rocs.:
krin•na ruts
I
Parking Management
t lnbundled Parking Off-etraat parking for the USA rnneiets nnly of unbundled parking an defined
n 21 15 040
Parking rash-md
The non-meidential nee implements a parking oath -or rt program an defaykd
in 21 15 040 and informs all employees (Atha nmgram
Pedestrian Amenities
Additional Ricycla
Padrng
The development nrnvides twice the nrimher of bicycle narking soar"
reouired by suhsactinn 21 07 090K
Padastnan
Amgniti -a
The development pmvidee two of the following oedeetdan amenities from
aubeecnnn 21 07 OROF that are not otherwise reouired for the
development. nrimary nedeetrian walkway transit etnn nr shelter
pedaetdan-interactive use enhanwad_tidewalk.
Tmnepedatis Pmgrama
Attachment A: Simplified Version of AO 2022-80 (S) for REFERENCE ONLY
AO 2022-80(S) Attachment A: Simplified S-Version — For Reference Only
11/09/2022
Page 25 of 60
Rideshare Pmgram
The non-residential use oarticinates in a rideshare program that is available
to all employees at no cost and provides designated and signed rideshare
r»n that meat the naaanpger loading sous standards of
21 07 0901
ear Share Pmoram
The residential nee snnnenre membernhine to a car chart nrogmm as
d.fped in 21 15 040 that is available In all hnueehnlde and nrovidea
designated Rpd signed car chart snares.
Free Taneit Pees
The employer or ornnertv nwner mentor¢ mrhlic trailed nests rnet-iron m
as employees nr residents
4. Other altematives. Applicants may propose a different
amenity or incentive to reduce parking utilization or modify
any of the strategies in table 21.07-4. subiect to approval by
the traffic engineer and planning director-
Building Height
Seward City Code
15.10.220 Development requirements.
A. Table 15.10.222, development requirements, is incorporated herein by reference and the restrictions and
annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the
end of this section; see also section 15.10.210.)
B. Building height. The purpose of building height standards is to prevent loss of life or excessive property
damage through the inability of the City fire department to reach upper stories or roofs and to help maintain
the character of neighborhoods.
C. Setbacks —Yards.
1. Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy,
fire separation and visual relief between structures.
2. No yard or other open space provided about any building for the purpose of complying with the
provisions of this chapter shall be considered as providing a yard or open space for any other building,
and no yard or open space on one lot shall be considered as providing a yard or open space on any
other lot.
3. No yard or lot shall be reduced in size or area below the minimum requirements set forth herein. Yards
or lots created after December 5, 1978 shall meet at least the minimum requirements established by
this chapter.
4. In cases of corner lots with multiple frontages, the administrative official shall designate the front yard,
and all other frontages shall be designated as a side to a street.
5. All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent
lots, structures, fences, or other property.
(Ord. 99-10, § 3; Ord. No. 2018-004, § 1)
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, very low density single-family residential
R1 =
Single-family, low density residential
R2 =
Single and two-family, medium density residential
R3 =
Single, two and multi -family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
Harbor commercial
CB =
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and steep slopes
INS =
Institutional, public, quasi -public uses
P =
Parks
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 1 of 4
73
Seward City Code
Table 15.10.222. Development Requirements
Zoning Districts
Principa
ly Residential
Principa ly Commercial
Principa
ly Public
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Maximum Building Height (ft.) (See
Note 1, next page)
34
34
34
34
34
34
34
Varies
26 or
34*
34
34
34
34
34
Minimum Buildable Lot Size (sq. ft.)
(See Notes 2 and 7, next page)
20,000
Varies
3,000
to
6,000*
Varies
3,000
to
6,000*
Varies
3,000
to
9,000*
Varies
3,000
to
9,000*
Varies
3,000
to
9,000*
Varies
6,000
to
9,000*
None
Varies
3,000
to
9,000*
10,000
20,000
None
None
Minimum Lot Width (ft.) (See Notes
3 and 7, next page)
100
Varies
30 to
60*
Varies
30 to
60*
Varies
30 to
90*
Varies
30 to
90*
Varies
30 to
90*
60 or
90*
30
Varies
30 to
90*
100
100
None
None
Minimum Front Yard Setback (ft.)
(See Note 7, next page) except
Leirer and Tract C-1 below
20
20
20
20
20
20
10
None
None
20
20
20
20
Minimum Front Yard Setback (ft.)
for Leirer Industrial Subdivision and
Alaska Skill Center Tract C-1 only.
(See Note 7, next page)
20
20
20
20
20
20
10
None
None
10
20
20
20
Minimum Side Yard Setback (ft.)
(See Notes 4 and 7, next page)
10
5 or 5
min.
with
15
total*
5 or 5
min.
with
15
total*
10
5
5
5
5
None
10
10
10
20
Minimum Side Yard Setback
Adjacent to Street (ft.) (See Note 7,
next page)
10
10
10
10
10
10
10
None
None
20
10
10
20
Minimum Rear Yard Setback (ft.)
(See Notes 5 and 7, next page)
10
10
10
10
10
10
10
None,
5 and
10*
None
10
10
15
20
Maximum Accessory Building Height
(ft.)
20
20
20
20
20
20
20
20
34
34
20
34
20
(Supp. No. 28-1)
Page 2 of 4
Created: 2024-08-06 13:39:31 [EST]
74
Seward City Code
Maximum Lot Coverage (%) (See
30
35
35
40
40
50
50
100*
100
100*
30
50
10
Notes 2G and 6, next page)
(Supp. No. 28-1)
Page 3 of 4
Created: 2024-08-06 13:39:31 [EST]
75
Seward City Code
Table 15.10.222. Development Requirements —Table Notes
NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor
Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet.
NOTE 2.
A. Buildable/useable area —Lot may have to be larger to have minimum buildable area available.
B. In the R1, R2, R3, UR, OR , AC and CB Districts, from the Seward Highway/Phoenix Road intersection
South, to include the Bayview Subdivision, a minimum of 3,000 SF lots and 30 foot minimum frontages
and north of the Seward Highway/Phoenix Road intersection, a minimum of 6,000 SF lots and 60 foot
minimum frontages
C. Lots located on a cul-de-sac bulb shall have a minimum of 8,000 square feet and a 40-foot minimum lot
frontage.
D. Flag lots shall have a minimum of 15,000 square feet and a 30-foot minimum lot frontage on the staff
portion of the lot.
E. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000
SF is to accommodate required widening of an adjacent right-of-way.
F. In the R1, R2, R3, UR, OR , AC and CB Districts, individual lots of at least 3,000 SF in the Original
Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed
for single-family residences provided all other development requirements of this chapter are met.
G. Multiple -Family developments (except studio apartments) with three or more units require a minimum
of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts
require an additional 1,200 SF per unit of five or more units.
H. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB
Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision
require 5,000 SF. All other development requirements of this chapter shall be met.
I. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of
9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other
requirements set forth in this chapter shall be met.
NOTE 3. See Notes 2-F and 2-G above.
NOTE 4. From Seward Highway/Phoenix Road intersection —South, a five-foot setback, each side; north, a
minimum five-foot setback each side as part of a combined 15-foot setback total between both sides.
NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront
boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet.
NOTE 6. Excludes setbacks in HC and I.
NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic
sites.
NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in
an R1 district, except for a long term care facility, aka skilled nursing care facility.
(Ord. 2007-009, § 1; Ord. 2008-006, § 1; Ord. No. 2012-002, § 1; Ord. No. 2016-009, § 1; Ord. No. 2017-002, § 1;
Ord. No. 2018-004, § 1; Ord. No. 2023-019, § 1, 7-10-2023)
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 4 of 4
76
Building Height Restrictions in Other Communities:
Juneau
Zoning districts
Height Allowance
Description
Rural Reserve (RR)
45'
Rural Reserve: public
ownership,
conservation, future
community growth,
etc
Residential (D's)
35'
Range of residential
from more low to
high density
Mixed Use (MU2)
45' (with payment of
5 bonus points*)
Mixed use with
higher emphasis on
residential
development
Mixed Use (MU3)
35'
Mixed use with
greater emphasis on
the integration of
small-scall
commercial uses
within high -density
residential structures
Commercial (NC)
35
Neighborhood
commercial
C
Commercial (LC)
45'
Light commercial
Commercial (GC)
55'
General commercial
Industrial
None
Waterfront -
Commercial
35'
Waterfront -
Industrial
45'
*Bonus Points: Juneau has a 'bonus policy' which awards developers a certain amount of bonus
points for specific types of development. Then, those bonus points can be used to be granted the
allowance to build a taller structure.
77
Cordova
Zoning districts
Height Allowance
Description
Conservation (C)
35'
Parks and Open Space
20'
Unrestricted (UR)
35'
Residential (low
density)
35'
Residential (medium
density)
45'
Residential (high
density)
None
Subject to approval by
planning commission to
determine that there are
no significant scenic
obstructions
Business
50'
Industrial
None
Waterfront Industrial
50'
Waterfront Historic
75' (principal) 50'
accessory
Public Lands and
Institutions
None
Waterfront Commercial
Park
30' (principal) 20'
accessory
Accessory Buildings
20'
Agriculture buildings
50'
Homer
Zoning districts
Height Allowance
Description
Residential (low -high
density)
35'
Medical District
35'
Business
35'
Town Center
35'*
height may exceed 35'
with the approval of a
CUP
General Commercial 1
35'
General Commercial 2
35'*
buildings up to 55' may
be approved with a
CUP
Mixed use
35'*
buildings solely for
commercial purposes
may be built up to 75'
with an approved CUP
Marine Commercial
35'
78
Kenai
Zoning districts
Height Allowance
Description
All Districts
35'
Seldovia
Zoning districts
Height Allowance
Description
Residential
28'
Industrial
35'
Commercial
28'
Valdez
Zoning districts
Height Allowance
Description
Residential (low
density)
35'
Residential (high
density)
40'
Mixed use
40'
Business /
Commercial
40'
Waterfront Industrial
40'
Light Industrial
40'
Heavy Industrial
None
Airport
None
Public Lands
40'
Whittier
Zoning districts
Height Allowance
Description
Residential
40'
Commercial
40'
Industrial
60'
Boat Harbor
40'
79
Land Uses Allowed
Seward City Code
15.10.226 Land uses allowed.
A. Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained
therein are mandatory unless otherwise modified by this chapter (See Table 15.10.226)
B. Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and
subject to the following conditions:
1. Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the
permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance
with the current adopted building code door/window egress standards, the presence of an operable
and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and
visible signs showing exit locations.
2. The application for an annual administrative permit shall be accompanied by a fee established by City
Council resolution. A fee will be issued for each separate, advertised, rentable lodging unit.
3. Before any permit is issued, the applicant shall furnish evidence of the existence of one or more
policies of insurance, issued by an insurance company satisfactory to the City, providing insurance
coverage for lodging. Policies shall stipulate that the insurer will give written notice to the City at least
30 days prior to the cancellation, expiration, lapse or other termination of the insurance coverage.
4. Parking will be provided in accordance with section 15.10.215 of this chapter.
5. No cooking or cooking facilities are permitted in individual guest bedrooms.
6. Within principally residential districts RR, R1, R2, R3, UR lodging is limited to a home occupation within
an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not
more than 50 percent of the bedrooms to a maximum of three.
7. Within principally residential districts R2, R3, UR, lodging in multifamily dwellings is limited to not more
than 50 percent of the dwelling units with one of the units being the owner's principal place of
residence.
8. Within commercial districts lodging within a dwelling unit is limited to the rental of not more than five
guest bedrooms regardless of building or business ownership.
9. Within principally commercial districts OR, AC, HC, and CB, excluding the Industrial zoning district,
multifamily dwellings used for lodging purposes are not required to be the business or property
owner's principal place of residence. The use shall be limited to not more than five dwelling units.
10. The rental of individual rooms for lodging purposes is not extended to apartment unit tenants.
11. Regardless of business name, the use of more than five guest bedrooms or apartments is considered a
motel or hotel for building and other code interpretation purposes.
I. Camping is allowed subject to the following:
1. Camping for a fee shall be allowed within the City limits only in municipal campgrounds, as defined in
section 7.15, or in private camper parks operating under a permit, as defined in section 8.15.
2. Other than permitted camper parks, camping on privately owned lots as an accessory use to an
occupied, single family home is limited to private non-commercial use and for no fee. Such occupancy
shall be limited to one camping unit at a time and shall be for recreational or vacationing purposes
only. Camping as provided in this section shall not occur earlier than April 15thand no later than
September 30th
81
Seward City Code
J. Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the
following:
1. Employee campgrounds are for established businesses with high seasonal employment of transient
workers, and are not to be construed as construction camps. No employee campground may be open
for more than 180 days per calendar year, and may not open earlier than April 15, nor remain active
later than September 30, except by resolution of the City Council based on specific findings that a
longer term, earlier opening date and/or later closing date is warranted because of special
circumstances.
2. Camping units as described in [section] 15.10.140 are not permitted. For the purposes of this section, a
camping unit is described as a modified camping Connex, providing living facilities for one or more
persons.
3. Occupancy in an employee campground is limited to the transient workers of that industry or business
granted a conditional use permit.
4. Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds.
5. Sanitary facilities shall be provided and include either permanent or portable toilets on -site. If
permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities shall
be provided and may either be on -site in conformance with section 8.15.425(b), or provided on the job
site of the employer.
6. The requirements for spacing shall be at least ten feet clear space between camping units. Camping
units, other than those being used for living accommodations, shall not be parked within the
campground area proper.
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, very low density single-family residential
R1 =
Single-family, low density residential
R2 =
Single and two-family, medium density residential
R3 =
Single, two and multi -family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional
offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
Harbor commercial
CB =
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and
steep slopes
INS =
Institutional, public, quasi -public uses
P =
Parks
82
Seward City Code
Table 15.10.226. Land Uses Allowed
Key:
O — Use Permitted Outright
H — Home Occupation
C — Use Requires Conditional Use Permit
P — Use Requires Administrative Permit
Blank — Use Prohibited
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
RI
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Campground,
employee
C/P
Dwelling, apartment
in a commercial
building (limited to
one unit)
O
O
O
O
O
C
Dwelling, apartment
in a commercial
building (two or more
units)
0
0
C
C
Dwelling, apartment,
efficiency or
accessory
0
0
0
0
0
0
0
Dwelling, apai tinent,
studio
CCC
CC
C
Dwelling, attached
single-family, i.e.,
townhouse, row
CCCCCC
C
Dwelling,
condominium
CCCCCC
C
Dwelling, detached
single-family
0
0
0
0
0
0
0
C
C
Dwelling, group
home
O
O
O
O
O
O
C
Dwelling, guest
house
0
0
C
Dwelling, multi-
family (3 or more
units)
CCCCCC
C
Dwelling, two-
family or duplex
O
O
O
O
O
C
C
83
Seward City Code
Dwelling, watchman
or caretaker
0
C
Housing, bunkhouse
C
C
C
Housing, dormitory
0
0
Housing, nursing,
retirement,
convalescent
C
C
C
Lodging, B&B
H/P
H/P
H/P
H/P
H/P
O/P
O/P
O/P
O/P
Lodging, hostel
PPP
PP
P
Lodging, hotel,
motel, lodge, inn
C
0
C
C
Lodging, short-term
rental
H/P
H/P
H/P
H/P
H/P
P
P
P
P
Mobile home park
C/P
Mobile home,
residential, not in
park
INTENTIONALLY LEFT BLANK
Planned unit
development
C
C
C
C
C
C
Rental, Long-term
O
O
O
O
O
O
O
O
O
O
C
C
Rooming or
boarding house
O/P
O/P
O/P
O/P
84