HomeMy WebLinkAbout04282025 City Council Laydown 1 - Community DevelopmentLaydown #1 from Community Development
Substitute Ordinance version 1
Yellow highlights show what is different
from the original ordinance
Original Sponsor: Planning & Zoning
Introduction: March 24, 2025
Public Hearing: April 14, 2025
Postponed: April 14, 2025
Substitute Ordinance Sponsored by: Sorensen
Approved: TBD
CITY OF SEWARD, ALASKA
SUBSTITUTE ORDINANCE 2025-007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE §15.10.140 DEFINITION OF
AN EFFICIENCY APARTMENT; §15.10.226 LAND USES ALLOWED
TABLE, ADDING ATTACHED AND DETACHED ACCESSORY
DWELLING UNITS; AND UPDATING §15.10.215 PARKING FOR
ACCESSORY DWELLING UNITS
WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning
Commission by its own motion may recommend amendments to Title 15 to the City Council;
and
WHEREAS, it is in the best interest of the community to periodically review and update
the City zoning code to reflect community changes and needs; and
WHEREAS, Community Development has received various complaints and concerns
expressed by the public regarding the current regulations for efficiency apartments which require
the unit to be attached to the primary dwelling and only have one habitable room; and
WHEREAS, the Planning and Zoning Commission held work sessions on September 17,
November 19, and December 17, 2024 and February 18, 2025 to discuss efficiency apartments
and recommend changes; and
WHEREAS, the Planning and Zoning Commission had a joint work session with the
City Council on January 27, 2025 to review the proposed changes to efficiency apartments
within code; and
WHEREAS, the term, accessory dwelling unit (ADU) is more commonly used for what
city code describes as an efficiency apartment; and
WHEREAS, ADUs provide affordable housing solutions for a wide range of individuals
and unique situations; and
WHEREAS, the building inspector informed the Commission that there are no building
codes or life safety requirements that require an ADU to be attached to the primary dwelling; and
WHEREAS, the requirement for an ADU to be attached to the primary dwelling helps to
maintain the character and intent of neighborhoods that are strictly zoned for single-family
dwellings; and
CITY OF SEWARD, ALASKA
ORDINANCE 2025-007 Substitute version 1
WHEREAS, an ADU is accessory to the primary dwelling, and thus required to be
smaller in size; and
WHEREAS, development requirements such as setbacks, maximum lot coverage, and
accessory building height will also further restrict the overall size of the ADU; and
WHEREAS, only one ADU will be allowed per single-family dwelling; and
WHEREAS, the Planning and Zoning Commission approved Resolution 2025-012 on
March 4, 2025, recommending the City Council approve the proposed changes in code; and
WHEREAS, the proposed code change is consistent with values and goals expressed in
the Comprehensive Plan.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 15.10.140 Definitions is hereby amended to read as
follows (new language is in bolded italics and underlined, and deleted language is stricken):
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, Accessory dwellini unit
Efficiency apartment)
31. Dwelling. A building designed or used exclusively as living quarters for one or more
families.
CITY OF SEWARD, ALASKA
ORDINANCE 2025-007 Substitute version 1
a. Accessory dwelling unit. A single separate dwelling unit, built on a permanent
foundation, located on the same lot as a detached single-family dwelling, which is
subordinate in size to the primary single-family dwelling There shall only be one
accessory dwelling unit per single-family dwelling.
i. Attached accessory dwelling unit (AADU). A dwelling unit that shares a
common wall or is built within the existing primary single-family dwelling. The
use of a breezeway is not considered a form of connection to the primary
dwelling
ii. Detached accessory dwelling unit (DADU). A stand-alone structure or
converted portion of an existing stand-alone accessory structure into a dwelling
unit. The DADU must be connected to its own water, sewer, and electric lines
separate from the primary dwelling if the portion of land on which the DADU is
being built has the potential to be subdivided (according to Table 15.10.222
development requirements) and the DADU would not be located on the same
parcel as the primary dwelling should such a subdivision occur.
a.b 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.c 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.
Section 2. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended
to read as follows (new language is in bolded italics and underlined, and deleted language is
stricken):
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
CITY OF SEWARD, ALASKA
ORDINANCE 2025-007 Substitute version 1
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
Table 15.10.226. Land Uses Allowed
Key:
O — Use Permitted Outright
H — Home Occupation
C — Use Requires Conditional Use Permit
P — Use Requires Administrative Permit
Blank — Use Prohibited
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Dwellin', attached
O
0
0
0
0
0
0
C
accessory dwelling
unit
Dwelling, detached
O
O
O
O
O
C
accessory dwellinji
unit
Dwelling,
apartment in a
commercial
building (limited to
one unit)
0
0
0
0
0
C
CITY OF SEWARD, ALASKA
ORDINANCE 2025-007 Substitute version 1
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
RI
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Dwelling,
apartment in a
commercial
0
0
C
C
building (two or
more units)
Dwelling,
apartment,
9
9
9
9
9
9
9
efficiency or
accessory
Dwelling,
apartment, studio
CCCCC
C
Dwelling, attached
single-family, i.e.,
townhouse, row
CCCCCC
C
Dwelling,
condominium
CCCCCC
C
Dwelling, detached
single-family
0
0
0
0
0
0
0
C
C
Dwelling, group
home
O
O
O
O
O
O
C
Dwelling, guest
house
0
0
C
Dwelling, multi-
family (3 or more
units)
CCCCCC
C
Dwelling, two-
family or duplex
O
O
O
O
O
C
C
Dwelling,
watchman or
0
C
caretaker
Section 3. Seward City Code Title 15.10.215 Parking is hereby amended to read as follows
(new language is in bolded italics and underlined, and deleted language is stricken):
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.
CITY OF SEWARD, ALASKA
ORDINANCE 2025-007 Substitute version 1
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 accessory
1 off-street parking space in addition to those
required of the principal dwelling
dwelling unit
Dwelling, studio apartment
1 space per dwelling unit
Section 4. This ordinance shall take effect ten (10) days upon adoption.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the
28th day of April 2025.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES:
NOES:
AB SENT:
ABSTAIN:
VACANT:
ATTEST:
Kris Peck, City Clerk