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Home My WebLink About07212026 Planning & Zoning Work Session PacketPlanning & Zoning Commission Work Session Packet Work Session Tuesday, July 21, 2026 Council Chambers, City Hall 6: 00 p.m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION WORK SESSION AGENDA July 21, 2026 Clare Sullivan Chair Term February, 2029 Brenan Hornseth Vice Chair Term February, 2028 Nathaniel Charbonneau Commissioner Term February, 2027 Vanessa Verhey Commissioner Term February, 2029 Rhonda Hubbard Commissioner Term February, 2028 Andrew Wilder Commissioner Term February, 2027 Tyna Siptrott Commissioner Term February, 2028 Daniel Meuninck Community Development Director Courtney Bringhurst City Planner Jamie Crocker Executive Planning Assistant Jodi Kurtz Deputy City Clerk 6:00 p.m. 1) CALL TO ORDER 2) STAFF COMMENTS 3) DISCUSSION ITEMS Council Chambers a) Conditional Use Permit (CUP) Process Review i) Proposed updated CUP application ..4 ii) Proposed updated CUP review criteria 16 iii)Proposed updated Land Uses Allowed Table 19 b) Mini Training: Communication Protocols 4) ADJOURNMENT 2 WORK SESSION OBJECTIVES Conditional Use Permit (CUP) Process • Review and discuss proposed changes to the CUP application. • Review and discuss proposed changes to the CUP review criteria and CUP process requirements. • Review and discuss proposed changes regarding CUP requirements in the Land Uses Allowed Table. Mini Training on Communication Protocol • Power point presentation to go over various legal considerations and protocols for Commissioner communication Background On June 16, 2026, the Planning and Zoning Commission held a work session to review the City's current Conditional Use Permit (CUP) application and approval process. During that discussion, the Commission identified several opportunities to improve both the application materials and the requirements contained in the City Code. This work session is intended to continue that discussion by reviewing the Commission's previous recommendations, considering additional refinements, and providing direction to staff on any further revisions. In addition, Community Development staff received guidance from the City Attorney regarding appropriate protocols for communication between Commissioners and the public, as well as other legal and procedural considerations. Staff will provide a brief training on this topic. 3 Proposed Updated CUP Application 1 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION A Conditional Use Permit (CUP) is required for certain land uses that are permitted only after a review and approval by the Planning and Zoning Commission through a public hearing process APPLICATION DEADLINE This completed application must be submitted to the Community Development Department no later than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $374.50 nonrefundable filing fee. In addition, please provide an as -built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. e Contact Information Community Development Department P.O. Box 167 410 Adams Street Seward, Alaska 99664 Director 907.224.4048 Planner 907.224.4020 Executive Assistant 907.224.4049 J 5 CITY OF SEWARD Community Development Department Application Process CUP Application completed 1 H CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING Applicant asked to provide more information or corrections 1 Community Development Department review 1 Preparation by City Planner 1 Following the application submission, the Community Development Director will direct staff to prepare for the required public hearing before the Planning and Zoning Commission The City Planner will determine if additional information is required. The Community Development Director and staff may meet with the applicant to discuss the project and explain the need for additional information. When the Planner has received other department comments, if necessary, the project may be deemed satisfactory. Additional meetings with the applicant may be required. Routed to other City departments for review and comment, if applicable 4 1 Project changes needed? No 4, Staff report prepared 1 )1010 Applicant notified with request for additional information or corrections Public hearing scheduled. Hearing notice published once in each of the two calendar weeks before the public hearing. 1 Planning and Zoning Commission Public Hearing / Determination made 4 Project approved or denied H Optional staff/applicant meeting The project is ready for the public hearing. The Planner will prepare the staff report and ensure all conditions of approval by other departments are included in the draft conditions Determination effective, unless .mn.4 appealed within 10 days )4 If approved the applicant may proceed to Building Permit phase, if necessary 6 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING WHY DO I NEED A CONDITIONAL USE PERMIT? Some land uses, although allowed in a particular zoning district, are only permitted under certain conditions. These uses require a Conditional Use Permit (CUP). In order to make a decision, the Planning and Zoning Commission must review the application through a public hearing process. It is important that you provide as much project detail as possible so that staff can prepare a complete report. i Once you have submitted a complete application, you are encouraged to work with the City Planner to provide any additional information. Prior to the public hearing, you may be asked to revise your project or plans so they are consistent with the Seward Comprehensive Plan and the Zoning Code in order to resolve potential impacts The application and plans will be routed to the appropriate departments and City Administration for review and comment. 0 The City Planner or staff will notify you of the public hearing date. The applicant is responsible for posting the hearing notice on the property and describing the request, including the time and location of the public hearing. Nearby property owners (within 300 feet) are notified by mail, and a legal advertisement is published (twice) in the local newspaper. The decision to approve or deny a permit will be made only after considering the evidence and facts provided by the applicant, neighbors, Community Development Department staff, other City departments and any other interested party. 1 The Planning and Zoning Commission, in approving a Conditional Use Permit, may impose conditions which are deemed necessary to ensure that the project will be compatible with the surrounding area and not harmful to the public health, safety and welfare. Conditions imposed may involve: • Buffer areas and fences. • Landscaping and maintenance of the property or snow removal. • Parking, including vehicle ingress and egress. • Sign regulations. • Other conditions found necessary to ensure the project supports the policies and goals of the Zoning Code and Seward Comprehensive Plan. The Planning and Zoning Commission decision may be appealed. Appeals must be received within 10 days of the public hearing decision. If an appeal is not received, the decision is effective. 7 CITY OF SEWARD Community Development Department APPLICANT INFORMATION ' Applicant Name: Address: CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING • Phone Number: Email: Property Owner (if other than applicant) Name: Address: Phone Number: Email: L PROPERTY DESCRIPTION Property Address: Lot: Block: Subdivision: Kenai Peninsula Borough Tax Parcel ID Number: Lot Size: • i DEVELOPMENT INFORMATION What Structures are on the property? How is the property currently being used? What is the proposed use of the property? What is the development timeline? 8 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING REQUIRED FINDINGS Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320. (See the attached pages for specific City Code requirements.) • The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district Please describe how. Park O Describe any impacts to the adjoining properties and how property values may be affected. Please explain. � How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: www.citWseward.us Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) Please Describe O The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health, safety and welfare. 9 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING FINAL APPLICATION REQUIREMENTS SITE PLAN REQUIREMENTS A Include building elevation plans and a site plan, drawn to scale. The site plan should include: 7 Property dimensions Location and dimensions of existing and planned buildings Parking configuration Driveways and access Natural features Other pertinent information CERTIFICATION I hereby certify that the information on this application is true and complete to the best of my knowledge. I understand that incomplete applications may delay the review process Lessee I understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Applicant signature: Date: Property Owner Signature: E Application Fee ($374.50) Dimensioned plot plan / drawings Other J 10 CITY OF SEWARD Community Development Department SEWARD CITY CODE 15.10.320 Conditional Use Permits CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the land uses allowed table 15.10.225. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Applications Applications for a conditional use permit shall be filed in writing with the city clerk. The application shall include but is not limited to the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, andsuch data as may be required; and (6) The appropriate fee as established by city council resolution. (c) Public Hearing If the application is in order, a public hearing shall be scheduled in accordance with the requirements of section 15.01.040 of this title. (d) Review Criteria Prior to granting a use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes of the zoning district; (2) The value of the adjoining property will not be significantly impaired; (3) The proposed use is in harmony with the comprehensive plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; (6) Any and all specific conditions deemed necessary by the commission to fulfill the above mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 11 CITY OF SEWARD Community Development Department (e) Approval Resolution CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING At any time after the hearing required in section 15.20.320(c), the commission may adopt a resolution approving a conditional use permit provided that it includes findings of fact that the review criteria in section 15.10.320(d) have been met. Upon adoption, the city shall cause a copy of the resolution to be posted for at least ten days in at least three public places within the city. An appeal of the commission's action may be made at any time until the resolution becomes effective. Unless rescinded, amended or appealed any resolution adopted under this chapter automatically becomes effective ten days after passage and posting. (f) Modification of Final Approval (1) An approved conditional use permit may, upon application by the permittee, be modified by the planning and zoning commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. (2) The modification application shall be subject to a public hearing and a filing fee set by city council resolution. (g) Expiration; Extensions; Transferability (1) An approved conditional use permit lapses six months after approval if no building permit is procured or if the allowed use is not initiated. (2) The commission may grant time extensions not to exceed six months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. (3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one year or longer. (4) A conditional use permit is not transferrable from one parcel of land to another. Conditional use permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. (Ord. 626, § 3, 1989; Ord. 649, § 5, 1991; Ord. 94-56; Ord. 97-15; Ord. 98-06) 12 G. Drainage Provide a drainage plan or a written description of how stormwater and site drainage will be managed. If not applicable, please explain why. H. Noise, Dust, Odors, and Other Potential Nuisances Describe any activities associated with the proposed development that may generate noise, dust, odors, glare, vibration, traffic, or other impacts beyond those normally associated with permitted development. Please describe what measures will be implemented to minimize or mitigate impacts on neighboring properties and businesses. I. Accessibility (ADA) Describe how your project will address accessibility needs and requirements as outlined in the American Disability Act (ADA). Reference: https://www.ada.gov/law-and-regs/design-standards/ 13 J. Wetlands Is any portion of the property located within or adjacent to a wetland? ❑ Yes ❑ No ❑ Unknown If yes, additional permits may be required by other agencies such as the U.S. Army Corps of Engineers or Alaska Department of Fish and Game. Reference: https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/ K. Floodplain Is any portion of the property located within a mapped floodplain or flood hazard area? ❑ Yes ❑ No ❑ Unknown If yes, additional permits may be required such as a City Floodplain Development Permit and a Kenai Peninsual Borough multi -agency permit for working in regulatory floodplains. Reference: https://geo.kpb.us/vertigisstudio/web/?app=1 d219e6e4a2d4bfeb87f9e4d32028af8 L. Signage Will new signage be installed as part of the proposed development? ❑ Yes ❑ No If yes, a separate sign permit may be required. M. Historic District Is the proposed development located within a designated historic district? III Yes ❑No If yes, describe how the proposed development is compatible with and will preserve the historic character of the district. 14 *Please note that approval of a Conditional Use Permit does not relieve the applicant of the obligation to obtain all other applicable federal, state, and local permits, approvals, and authorizations required for the proposed development or use. 15 Proposed Updated CUP Review Criteria 15.10.320 Conditional use permits. A. Intent. It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the land uses allowed table 15.10.225. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. B. Applications. Applications for a conditional use permit shall be filed in writing with the City Clerk. The application shall include but is not limited to the following: 1. Name and address of the applicant; 2. Verification by the owner of the property concerned if other than the applicant; 3. A legal description of the property involved; 4. A description of the proposed use; 5. Pictures of the site as it currently appears; 5,6. Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required on the application form; and 67. The appropriate fee as established by City Council resolution. C. Public hearing. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of section 15.01.040 of this title. The applicant must be present at the public hearing either in person or by phone or the application will be postponed. D. Review criteria. Prior to granting a use permit, it shall be established that the use satisfies the following conditions: 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the comprehensive plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be unduly detrimental or harmful to the public safety, health or welfare; 6. The use will not have significant noise, glare, odor, or other nuisances and dangers substantially greater than those anticipated from permitted development in the area; 8. The property where the development is to occur is current in payments owed to the City, including property tax; sales tax; utility billing; and assessments; or has entered into an agreement with the City for repayment and is in compliance with the terms of the agreement; 9. €_Any and all specific conditions deemed necessary by the commission to fulfill the above -mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. E. Approval resolution. At any time after the hearing required in section 15.20.320(c), the commission may adopt a resolution approving a conditional use permit provided that it includes findings of fact that the review criteria in section 15.10.320(D) have been met. Upon adoption, the City shall cause a copy of the (Supp. No. 32-1, Update 1) Created: 2026-0S-22 08:44:57 [EST] Page 1 of 2 17 resolution to be posted for at least ten days in at least three public places within the City. An appeal of the commission's action may be made at any time until the resolution becomes effective. Unless rescinded, amended or appealed any resolution adopted under this chapter automatically becomes effective ten days after passage and posting. F. Modification of final approval. 1. An approved conditional use permit may, upon application by the permittee, be modified by the planning and zoning commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. 2. The modification application shall be subject to a public hearing and a filing fee set by City Council resolution. G. Expiration; extensions; transferability. 1. An approved conditional use permit lapses six months after approval if no building permit is procured or if the allowed use is not initiated. 2. The commission may grant time extensions not to exceed six months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. 3. A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one year or longer. 4. A conditional use permit is not transferrable from one parcel of land to another. Conditional use permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. (Ord. 626, § 3, 1989: Ord. 649, § 5, 1991; Ord. 94-56; Ord. 97-15; Ord. 98-06) (Supp. No. 32-1, Update 1) Created: 2026-05-22 08:44:57 [EST] Page 2 of 2 18 Proposed Updated Land Uses Allowed Table 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 area(s), if provided, will be 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. C. Mobile vendor as defined in section 15.10.140(6)(98) Vending (C) of this chapter and which are allowed in accordance with table §15.10.225 are subject to the following development requirements: 1. An application for a mobile vendor must be submitted on a form provided by the city clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. 2. Mobile vendors may operate at designated locations, by permit. Policies and procedures shall be set by resolution of the city council. 3. The city police department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safety hazard. (Supp. No. 32-1, Update 1) Created: 2026-0S-22 08:44:57 [EST] Page 1 of 15 20 4. No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m. unless otherwise posted. 5. A mobile vendor may only offer, for sale, the following types of goods and services on public property: food and/or non-alcoholic beverages; handicrafts, artwork, jewelry or similar goods or firewood. 6. Licenses. In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations, the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the standards of the city permit conditions. 7. Mobile vendor vehicles must be self-contained when operating, except for the required trash and or recycling receptacles, which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. 8. Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to city sidewalks. 9. It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. 10. Each mobile vendor vehicle shall provide the city with a certificate of insurance to cover public liability in the standard amount set by city policy. Insurance policies shall stipulate that the insurer will give written notice to the city at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the city from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 11. Any mobile vendor base station shall be properly licensed. 12. Mobile vendors shall comply with all city code, policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license/permit by the city clerk. 13. Mobile vendors shall display required permits and city business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. D. Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: 1. Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. 2. Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless otherwise posted. 3. Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped. 4. Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic, and within one foot of the curb or edge of the street. 5. Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than 30 minutes or in front of any premises for any time if the owner or lessee objects. 6. An application for a roving vendor vehicle must be submitted on a form provided by the city clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. (Supp. No. 32-1, Update 1) Created: 2026-0S-22 08:44:57 [EST] Page 2 of 15 21 7. The city police department has the right to close down or request a roving vendor to relocate if vending is causing or contributing to an imminent public safety hazard. 8. In addition to complying with city ordinances and permit conditions related to roving vendors, the owner and operator is responsible for applying for and obtaining all other necessary licenses required for the service of food. The roving vendor vehicle shall be in compliance with the motor vehicle laws of the state, and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or route does not violate city zoning code. 9. Roving vendors shall comply with all traffic rules. 10. Each roving vendor vehicle must provide the city with a certificate of insurance to cover public liability in the standard amount set by city policy. Insurance policies shall stipulate that the insurer will give written notice to the city at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the city from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 11. Any roving vendor base station must be properly licensed. 12. Roving vendors shall comply with city code, policy and procedures. Policies and procedures shall be set by resolution of the city council. Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license permit by the city clerk. 13. Roving vendors shall display required permits and city business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. E. Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: 1. For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. 2. Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. 3. Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. 4. Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line, permanent structure or other transient merchant. 5. Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. 6. Any additions, including, but not limited to, porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. 7. Every transient merchant shall provide sufficient trash receptacles on -site and ensure the proper disposal of all garbage collected on the site. 8. The use of generators is prohibited. 9. No transient merchant shall conduct business on property owned or operated by the city except in accordance with chapter 8.10 of this Code. (Supp. No. 32-1, Update 1) Created: 2026-0S-22 08:44:57 [EST] Page 3 of 15 22 10. Transient merchants shall conform to all federal, state and local laws. F. Reserved. Multi family dwellings and Condominiums as defined in section 15.10.140(B) are allowed in accordance with table 15.10.226 of this chapter subject to the following: 1. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. Landscaping must be completed one year from when an occupancy certificate has been issued for the structure. 2. Bear -resistant carts designed to prevent the upsetting or spillage by wind, weather, animals, or accident, shall be provided for all garbage and refuse for the life of the use. 3. A three -walled structure with roof must be provided on site to house the bear -resistant carts. 4. Parking spaces shall be compliant with the Americans Disabilities Act (ADA). G. Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of this chapter subject to the following: 1. Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits). 2. Livestock fencing shall be no closer than five feet from a property line. 3. A city -approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or streams. 4. A city -approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. 5. Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225. 6. Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. 7. Chickens or rabbits are not allowed on lots with more than one dwelling unit. H. Marijuana establishments as defined in section 15.10.140.B.55 are allowed in accordance with table 15.10.226 of this chapter subject to the following: 1. The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facility is in operation. 2. Marijuana establishments shall not be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the state or local government, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school, recreation or youth facility or to the main public entrance of the building in which religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. 3. All marijuana establishments shall meet all other criteria in this Code and in Alaska Statutes and Administrative Codes. 4. Onsite consumption endorsements are not a land use but are regulated by Chapter 8.25. (Supp. No. 32-1, Update 1) Created: 2026-05-22 08:44:57 [EST] Page 4 of 15 23 5. A marijuana establishment must not operate as a walk-up or drive-in facility through an exterior window or similar opening. This prohibition does not apply to a marijuana establishment that on or before March 1, 2026, was authorized by the city to conduct walk-up or drive -through sales. 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 15th and no later than September 30th 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. K. Mobile medical units and mobile health units as defined in section 15.10.140E are allowed in accordance with table 15.10.226 of this chapter and subject to the following: 1. The unit shall not provide services within any public right-of-way. 2. The unit may operate in a single location for a maximum of 150 consecutive days in a calendar year 3. The unit shall be and remain legally licensed and road -ready. (Ord. 626, § 3, 1989; Ord. 633, §§ 3, 4, 1990; Ord. 639, 1991; Ord. 90-2; Ord. 91-1; Ord. 91-04; Ord. 92-02; Ord. 94- 11; Ord. 94-25; Ord. 95-07; Ord. 95-13; Ord. 95-17; Ord. 96-05; Ord. 97-13; Ord. 98-09, § 4; Ord. No. 2012-002, § 1; Ord. No. 2014-004, § 1; Ord. No. 2016-005, § 3; Ord. No. 2018-004, § 1; Ord. No. 2022-003, § 1, 1-24-2022; Ord. No. 2022-016, § 2, 1-9-2023; Ord. No. 2024-003, § 1, 2-12-2024; Ord. No. 2024-013, § 1, 9-9-2024; Ord. No. 2026- 002, § 3, 2-23-2026; Ord. No. 2026-003, § 2, 3-9-2026; Ord. No. 2026-004, § 2, 3-23-2026) (Supp. No. 32-1, Update 1) Created: 2026-05-22 08:44:57 [EST] Page 5 of 15 24 Editor's note(s)—Ord. No. 2018-004, § 1, adopted § 1, 7-9-2018 renumbered § 15.10.225, to § 15.10.226, as herein set out. 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. 32-1, Update 1) Created: 2026-05-22 08:44:57 [EST] Page 6 of 15 25 Table 15.10.226. Land Uses Allowed KEY: 0 - Use Permitted Outright H - Home Occupation C - Use Requires Conditional Use Permit P - Use Requires Administrative Permit Blank - Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Accessory building 0 0 0 0 0 0 0 0 0 0 0 0 0 Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, title, real estate, etc. 0 0 0 0 0 Agriculture 0 Airport and related services 0 C Amusement or recreation facility 0 0 0 Animal shelter 0 C C Antenna, personal TV, satellite dish 0 0 0 0 0 0 0 0 0 0 0 0 Art gallery 0 0 0 0 0 Assemblages, temporary large, i.e., circus, fair P P P P P P P Attraction, permanent major visitor C C C C C Auditorium 0 0 0 Auto repair, i.e., mechanic, glass body, upholstery & O 0 Auto service/gas station 0 0 0 (Supp. No. 32-1, Update 1) Page 7 of 15 Created: 2026-0S-22 08:44:57 [EST] 26 Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Auto/RV sales and rentals 0 0 0 Boat sales 0 0 0 Boat, commercial building/fabrication 0 0 Boat, harbor/marina C C C C C Boat, repair and maintenance 0 0 0 C Boat, storage commercial 0 0 0 C Bulk material, i.e., concrete, gravel, sand, asphalt C C Business, marine retail sales and service 0 0 0 0 C Business, package liquor 0 0 0 Business, retail sales and service 0 0 0 0 Business, retail sales and service, industrial 0 Campground, municipal C/P C/P C/P C/P Campground, camper park, private C/P C/P C/P Campground, employee C/P Car/boat wash 0 0 0 Cemetery 0 C 0 Center, community/civic 0 0 C C Center, mariner's 0 0 0 0 Center, senior or teen C C C 0 0 C C Child care, licensed center C C 0 0 0 C Child care, licensed home 0 0 0 0 0 0 0 0 0 Church C C C C C C 0 0 0 0 Clinic, medical 0 0 0 0 0 (Supp. No. 32-1, Update 1) Page 8 of 15 Created: 2026-05-22 08:44:57 [EST] 27 Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Clubs, fraternal/lodges/social/veterans C 0 0 C Cluster subdivision INTENTIONALLY LEFT BLANK Commercial Communications tower less than 16 feet diameter or 75 feet in height C C C C C C Commercial Communications tower 16 feet diameter or greater than 75 feet in height C C C Correctional/prison facility C C C C Crematory 0 Docks/wharves, industrial cargo 0 0 C C Dock, passenger 0 0 0 C 0 Drinking establishment, i.e., bar, nightclub, lounge C C C Drive-in facility —Fast food, banking, etc. C C C C C Drive-in facility —Marijuana establishment INTENTIONALLY LEFT BLANK Dwelling, attached accessory dwelling unit 0 0 0 0 0 0 0 G O Dwelling, detached accessory dwelling unit 0 0 0 0 0 0 0 G O Dwelling, apartment in a mixed -use building (limited to one unit) 0 0 0 0 0 C Dwelling, apartment in a mixed -use building (two or more units) 0 0 0 0 (Supp. No. 32-1, Update 1) Page 9 of 15 Created: 2026-05-22 08:44:57 [EST] 28 Uses RR R1 R2 R3 UR OR AC HC CB 1 RM INS P Dwelling, apartment, studio C O C O C C O C C Dwelling, attached single- family, i.e., townhouse, row CO CO CO CO C C O C Dwelling, condominium j3 to 5 CO CO CO CO C C O C units) Dwelling, condominium (6 or C C C C C C C more units) 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 to 5 Of CO CO CO CO C CO C more units) Dwelling, multi family (6 or C C C C C C C more units) Dwelling, two-family or duplex 0 0 0 0 0 C C Dwelling, watchman or caretaker 0 C Emergency services, pub/vol; i.e., fire, ambulance, rescue C C C C C C 0 C 0 0 C 0 Financial institution, i.e., bank, S&L C 0 0 Flea market, open air retail other than occasional C C C Fuels, bulk storage and sales C Golf course 0 0 C Golf driving range 0 0 0 0 C Greenhouse/nursery— Commercial 0 0 0 Grocery, convenience store C C C 0 0 0 0 (Supp. No. 32-1, Update 1) Page 10 of 15 Created: 2026-05-22 08:44:57 [EST] 29 Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Grocery, supermarket, foodmart 0 0 Health club C C 0 0 0 Home occupation 0 0 0 0 0 0 0 0 0 0 Hospital C C Housing, bunkhouse C C C Housing, dormitory 0 0 Housing, nursing, retirement, convalescent C C C Kennel, commercial, musher or fancier INTENTIONALLY LEFT BLANK Laundry, dry cleaning 0 C 0 0 Library 0 0 0 0 Livestock, excluding chickens and rabbits P P Livestock, chickens and rabbits P P P P P P P P P Lodging, B&B H/P H/P H/P H/P H/P 0/P 0/P 0/P 0/P Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, inn C C C C Lodging, short-term rental H/P H/P H/P H/P H/P P P P P Lumber yard/building supply C 0 C Manufacturing —noxious, heavy C Manufacturing, light fabrication, assembly C C 0 Marijuana establishment, cultivation facility 0 0 0 Marijuana establishment, limited cultivation facility H H H H H H H H H H (Supp. No. 32-1, Update 1) Page 11 of 15 Created: 2026-05-22 08:44:57 [EST] 30 Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Marijuana establishment, product manufacturing facility (hazardous materials) C Marijuana establishment, product manufacturing facility (non -hazardous materials) C C 0 Marijuana establishment, retail store C C C C Marijuana establishment, testing facility 0 0 0 0 0 Merchant, transient 0 0 0 0 Mobile, health unit 0 0 0 0 0 0 Mobile home park C/P Mobile home, residential, not in park INTENTIONALLY LEFT BLANK Mobile home sales 0 0 Mobile medical unit 0 0 0 Mobile vendor P P P P P P P P P P P Mortuary/funeral home 0 0 0 Museum C 0 0 0 0 0 Office, boat charter, guide 0 0 0 0 0 C Office, business or professional 0 0 0 0 0 Office, government/quasi- government administration 0 0 0 0 0 0 0 Office, mobile/temporary on construction site P P P P P P P P P P P P P Office, home, professional 0 0 0 0 0 Parking lot C C 0 0 0 0 0 0 0 0 Personal services, i.e., beauty, shoe, tailor 0 0 0 0 (Supp. No. 32-1, Update 1) Page 12 of 15 Created: 2026-05-22 08:44:57 [EST] 31 Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Planned unit development C C C C C C Playground, public tot lot 0 0 0 0 0 0 0 0 0 0 0 Railroad C C C C Recreation, commercial indoor, i.e., bowling, skating 0 0 0 C Recreation, outdoor, i.e., miniature golf 0 C C O C Recreation, shooting range C C C Recycling center C C 0 C Recycling, self-service drop-off point 0 0 0 0 0 0 0 0 Rental, Long-term 0 0 0 0 0 0 0 0 0 0 C C Repair service, i.e., large appliance C C 0 Resource extraction, commercial subsurface, i.e., mining C C C Resource extraction, commercial surface, i.e., gravel C C C Resource extraction, commercial timber harvesting C C Restaurant, food service, catering, brew pub 0 0 0 0 0 C Rooming or boarding house 0/P 0/P 0/P 0/P Roving Vendor P P P P P P P P P P P Salvage —auto, wrecking, scrap, junkyard C Sawmill or lumbermill C C School, college C C C (Supp. No. 32-1, Update 1) Page 13 of 15 Created: 2026-05-22 08:44:57 [EST] 32 Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P School, public/private elementary/secondary C C C C C C C C C School, vocational C 0 0 C 0 C Seafood processing, i.e., canning, rendering C C C C Shop, i.e., welding, sheetmetal, machine, steel fab. C C 0 Shop, i.e., wood, signs, cabinet, upholstery C C 0 C 0 Shopping center (mall) C C Solid waste disposal, i.e., baler, transfer, landfill C C C Storage, container P P P P 0 P Storage, explosives P Storage, outdoor, yard, material/equipment C 0 0 C Storage, self service 0 0 0 0 Storage, warehouse and distribution 0 0 0 C C Studio, radio/television C 0 0 0 0 C Tanks, aboveground associated with service station C C 0 Taxidermy 0 0 0 0 0 Terminal, i.e., bus, truck, freight 0 C 0 C Terminal, marine/boat passenger 0 C 0 0 C Theater, concert, movie 0 0 Tool/equipment rental 0 0 Temporary structure P P P P P P P P P P (Supp. No. 32-1, Update 1) Page 14 of 15 Created: 2026-05-22 08:44:57 [EST] 33 Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Utility facility, public electric, water, sewer, etc. C C C C C C 0 0 0 0 0 0 Vehicle impound lot 0 0 Vending machine repair, storage 0 0 C Veterinary services 0 0 0 0 Wind Energy Conversion Systems (WECS) 0 0 0 0 0 0 0 0 0 0 0 0 0 (Ord. 94-25; Ord. 95-13; Ord. 95-17; Ord. 96-05; Ord. 96-10; Ord. 96-16; Ord. 97-13; Ord. 98-06; Ord. 98-09; Ord. 99-01; Ord. 99-13, § 2, 1999; Ord. No. 99-10; Ord. 2000-12; Ord. 2001-03; Ord. 2003-08; Ord. 2007-008, § 1, 2007; Ord. No. 2009-002, § 1; Ord. No. 2010-004, § 2; Ord. No. 2012-002, § 1; Ord. No. 2014- 002, § 1; Ord. No. 2014-004, § 1; 2015-001, § 1; Ord. No. 2018-002, § 4; Ord. No. 2018-004, § 1; Ord. No. 2019-007, § 1, 3-26-2019; Ord. No. 2020-012, § 1, 10- 12-2020; Ord. No. 2022-002, § 2, 1-24-2022; Ord. No. 2022-016, § 2, 1-9-2023; Ord. No. 2023-019, § 1, 7-10-2023; Ord. No. 2024-009, § 1, 7-8-2024; Ord. No. 2024-013, § 1, 9-9-2024; Ord. No. 2025-007, § 2, 4-28-2025; Ord. No. 2025-014, § 2, 10-13-2025; Ord. No. 2025-016, § 2, 10-13-2025; Ord. No. 2026-002, § 3, 2- 23-2026; Ord. No. 2026-003, § 2, 3-9-2026; Ord. No. 2026-004, § 3, 3-23-2026) Editor's note(s)-Ord. No. 2018-002, § 4, adopted May 14, 2018, renumbered § 15.10.225 to 15.10.226, as herein set out. (Supp. No. 32-1, Update 1) Page 15 of 15 Created: 2026-0S-22 08:44:57 [EST] 34 15.10.235 Townhouses. A. Generally. The standards set forth in this section shall complement the general standards set forth in this chapter and shall not be construed as superseding any general standard. In the event of conflict, the stricter standard shall control. Notwithstanding the provisions of any other section of this chapter, townhouses shall be conditionally permitted in accordance with the land uses allowed table 15.10.225 if the following requirements are met. B. Conditions. The proposed development meets all conditions specified in this chapter under section 15.10.320, conditional use permit. All townhouse developments constructed pursuant to a conditional use permit issued under the provisions of this chapter shall be constructed in compliance with current state statutes. C. Plan. A detailed development plan is submitted with the application for a conditional use to include a site plan, drawn to scale. Such site plan shall include, but shall not be limited to, the topography and drainage of the proposed site, the location of all buildings and structures on the site, courts and open space area, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided), and a general floor plan of the principal buildings, together with other such information as the commission shall require. The number of contiguous units permitted shall be related to the topography, aesthetics, access and public safety. The development plan and the conditional use application may be rejected or modified if the development plan is not consistent with good design, efficient use of the site, and community standards. D. Number of units. Not more than six contiguous townhouses shall be built in a row with the same or approximately the same front line. E. Separation requirement. No portion of a townhouse or accessory structure in or related to a group of contiguous townhouses shall be closer than 15 feet to any portion of a townhouse or accessory structure related to another group, or to any building outside the development area. F. Minimum lot width. Minimum lot width for an individual townhouse is 12 feet. Larger lot and townhouse units may be required to assure adequate living space. G. Lot coverage. The maximum lot coverage by all buildings shall be 40 percent. Carports open on three sides shall not be considered buildings for calculating maximum lot coverage. H. Parking. Grouping of parking spaces is desirable; provided, that spaces intended for a particular unit are no more than 100 feet from the unit. On minor streets, use of the right-of-way may be permitted for maneuvering incidental to parking where this will facilitate snow removal. On collector and arterial streets, maneuvering incidental to parking shall not be permitted. I. Covered storage. Two hundred cubic feet of covered storage space shall be provided exclusive of the living area of the unit. J. Party walls. All party walls shall adhere to fire safety standards as established by the City fire code. K. Homeowners association. The developer or subdivider of any townhouse development shall give evidence that compliance with the Common Interest Ownership Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units. 1. The developer or subdivider of any townhouse development shall deposit with the appropriate homeowners association, formed in compliance with the Common Interest Ownership Act cited in this section, a contingency fund in the sum of $500.00 per dwelling unit in the townhouse development fund. (Supp. No. 32-1, Update 1) Created: 2026-0S-22 08:44:57 [EST] Page 1 of 2 35 2. A copy of the declaration and bylaws of the homeowners association showing in what manner the aforesaid contingency fund shall be controlled shall be furnished to the City for review and approval. L. Landscaping. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. M. Rights -of -way. All roadways, fire lanes, or areas for maneuvering incidental to parking (not to include designated commonly -held open space or recreational areas) shall be a minimum of 22 feet in width. Furthermore, no vehicular parking shall be allowed in the aforementioned areas. (Ord. 626, § 3, 1989; Ord. 94-56; Ord. 99-16, § 4, 1999; Ord. 2007-008, § 2, 2007) (Supp. No. 32-1, Update 1) Created: 2026-05-22 08:44:57 [EST] Page 2 of 2 36