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Home My WebLink AboutORD2025-007 ADUs1 Original Sponsor: Planning & Zoning Commission Introduction: March 24, 2025 Public Hearing: April 14, 2025 Postponed: April 14, 2025 Substitute Ordinance Sponsored by: Sorensen Substitute Ordinance Approved: April 28, 2025 CITY OF SEWARD, ALASKA 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, an ADU is accessory to the primary dwelling, and thus required to be smaller in size; and CITY OF SEWARD, ALASKA ORDINANCE 2025-007 Page 2 of 6 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 stFielen): 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 dwelling unit 31. Dwelling. A building designed or used exclusively as living quarters for one or more families. 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 1 CITY OF SEWARD, ALASKA ORDINANCE 2025-007 Page 3 of 6 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. 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. h.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 acccsso a . artment . A single separate 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 sken): 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 CITY OF SEWARD, ALASKA ORDINANCE 2025-007 Page 4 of 6 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 Dwelling, attached O O O O 0 O O C accessory dwelling unit Dwelling, detached O O O O O O O C accessory dwelling unit Dwelling, apartment in a commercial building (limited to one unit) 0 0 0 0 0 C Dwelling, apartment in a commercial 0 0 C C 1 1 1 1 CITY OF SEWARD, ALASKA ORDINANCE 2025-007 Page 5 of 6 Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R I R2 R3 UR OR AC HC CB I RM INS P building (two or more units) aPaftmentT efficiency accessary 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 0 0 0 0 0 0 C Dwelling, guest house 0 0 C Dwelling, multi- family (3 or more units) CCCCCC C Dwelling, two- family or duplex 0 0 0 0 0 C C Dwelling, watchman or caretaker 0 C 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. 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: CITY OF SEWARD, ALASKA ORDINANCE 2025-007 Page 6 of 6 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 space for every unit larger than 2-bedrooms orzreater 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 iency accessory 1 off-street parking space in addition to those required of the principal dwelling unit _dwellink 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 L LA r ``'CQ,4 Sue McClure, Mayor AYES: Crites, Warner, Finch, Osenga, Wells, McClure NOES: None ABSENT: Barnwell ABSTAIN: None VACANT: None ATTEST: Kris Peck, City Clerk 1 City Council Agenda Statement Meeting Date: March 24, 2025 To: City Council Through: Planning and Zoning Commission Subject: Ordinance 2025-007: 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 Background and justification: On September 17th, 2024, the Planning and Zoning Commission held a work session to review various regulations within Title 15 and how they could be amended to potentially assist in easing the issues that private landowners and developers are facing with housing. During this work session, the topic of accessory dwelling units (ADUs) was brought up as one that the Commission should further discuss. ADUs are currently allowed in Seward City Code, but they are defined as efficiency/accessory apartments and are required to be "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." The primary concerns with this current code language brought up from the public and staff, were that an efficiency apartment (ADU) had to be attached to the primary dwelling and that the ADU could only have one habitable room. These two requirements meant that an individual could not convert a detached garage into a dwelling unit or build a new stand-alone structure without building a breezeway to "connect" the structure to the house, nor could the dwelling unit have separate rooms. ADUs provide a unique housing solution for family members who may require assistance or simply want to live near family. ADUs also provide an affordable housing option for young couples, seniors, or families who can't afford to rent a larger space or buy a home. ADUs also provide an extra source of income through long-term or short-term rentals to ease the financial burden of high mortgage payments, making homeownership more feasible. The Planning and Zoning Commission held three subsequent work sessions on November 19, 2024, December 17, 2024, and February 18, 2025 and one joint work session with City Council on January 27, 2025 to further discuss ADUs. Questions were raised regarding the reason for requiring an ADU to be attached to the primary dwelling either by sharing a common wall or with a breezeway. The building inspector, who was present at the December 17th meeting, stated that no building codes or life/safety requirements require an ADU to be attached to the primary dwelling. ADU's within certain zoning districts would not be required to be attached via a breezeway with this amended code. The Commission expressed that requiring an ADU to be directly attached to, or within the primary dwelling helps to maintain the character and intent of neighborhoods that are zoned to only allow single-family dwellings, which is why detached ADUs are prohibited within the Rural Residential and Single -Family Residential zoning districts in the proposed regulations. The Commission agreed that while it made sense to allow more than one habitable space within an ADU, the overall size of the ADU should still be subordinate to the primary dwelling. Attached and detached ADUs would still be required to abide by the development requirements in each zoning district for setbacks, maximum lot coverage allowances, and accessory building height, which will also restrict the overall size of the dwelling unit. Seward City Code currently allows efficiency apartments (attached ADUs with only one habitable room) within a single-family dwelling in the RR, R1, R2, R3, UR, OR, and AC zoning districts The effect of this legislation would be to allow: • Attached ADUs with any number of rooms, but subordinate in size to the single-family dwelling, in the RR and R1 zoning districts • Attached or Detached ADUs with any number of rooms, but subordinate in size to the single-family dwelling, in the R2, R3, UR, OR, and AC zoning districts and the CB zoning district with a conditional use permit. Only one (1) ADU would be allowed per single-family dwelling. Detached ADUs would be required to have their own water, sewer, and electric lines separate from the primary dwelling if the unit was located on a property that could be subdivided. One parking space on the property, in addition to the two (2) parking spaces for the single-family dwelling, would be required for an attached or detached ADU. Lodging regulations for short-term rentals as found in Seward City Code §15.10.226(B) would still apply to the development and use of both attached and detached ADUs. On March 4th, 2025, the Seward Planning and Zoning Commission approved Resolution 2025- 012 recommending City Council approve this land use amendment. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2 — Community Values • 2.2.8 — City Government: "Continue to review and update the city code." • 2.2.10 — Land Development: "Ensure all adopted codes reflect community values." Strategic Plan: Other: • 2.2.11 — Economic Base: "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.2 — Land Use • 3.2.1.1 — "Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier." • 3.2.1.2 — "Expand the opportunity for affordable, diverse, year- round housing through appropriate land use regulations." Vol 1, Chapter 3.3 — Housing • 3.3.1.1— "Support a range of housing choices that meeting the needs of people in various income and age groups." • 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." NA NA Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Yes Attorney Signature: /s Kody George Not applicable Comments: Administration Recommendation Adopt Resolution Other: