HomeMy WebLinkAboutOrd1989-626
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Sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
ORDINANCE NO. 626
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING CHAPTER 2.30, BOARDS AND COMMISSIONS,
AND ADOPTING TITLE 15, PLANNING AND LAND USE REGULATIONS,
OF THE SEWARD CITY CODE
WHEREAS, the City Council has requested the Kenai Peninsula
Borough to grant delegated authority to the City of Seward to
provide zoning regulations within the City; and
WHEREAS, the City Council has requested the Kenai Peninsula
Borough to grant delegated authority to the City of Seward to make
Land Use Plan amendments to the Seward Comprehensive Plan; and
WHEREAS, upon adoption of appropriate code prov1s1ons
regarding zoning and land use plan amendment regulations within the
City, the corresponding provisions will be deleted from the Kenai
Peninsula Borough code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. Article 2. Seward Advisorv Plannina and Zonina
commission, under Chapter 2.30 Boards and Commissions of Title 2
Administration, is hereby repealed.
Section 2.
commission, under
Administration is
A new Article 2. Seward Plannina
Chapter 2.30 Boards and Commissions
hereby adopted as follows:
and Zonina
of Title 2
Article 2. seward Planninq and zonina Commission
Sections:
2.30.210
2.30.215
2.30.020
2.30.025
Established
Terms of office, filling vacancies
Meetings and quorum
Duties and Powers
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2.30.210 Established. A. There is created the Seward
Planning and Zoning Commission, consisting of seven citizens, all
of whom shall reside in the city and who shall be nominated by the
mayor and confirmed by the council. No officer or employee of the
city may be an appointed member of the commission.
B. A chairman of the commission shall be selected annually
and shall be appointed from and by the appointed members.
2.30.215 Terms of Office: fillina vacancies. A. Members of
the Seward Planning and zoning commission shall be appointed for
three years; provided that the terms of initial appointments shall
be staggered so that as nearly as possible a pro rata number of
members shall be appointed each year.
B. The mayor, with approval of the council, may appoint any
qualified person to fill a vacancy of any member of the commission;
provided, that the appointment shall be for the unexpired term of
the vacancy.
C. FOllowing a member's absence for three consecutive regular
meetings of the Commission, the remaining commission members shall
decide whether the commissioner should be retained or whether to
request council appointment of a new member.
2.30.220 Meetinas and QUorum. A. The Seward Planning and
zoning commission shall meet at 7: 30 p.m. in the city council
Chambers on the first Wednesday of each month. special meetings
may be held at the call of the Chairman or the City Manager, and
at such other times as the Commission may determine.
B. Four members of the commission shall constitute a quorum
for the transaction of business; except that, in the absence of a
quorum, any number less than a quorum may adjourn the meeting to
a later date. The affirmative votes of at least a majority of
those commissioners present shall be required for official action
unless a larger majority is required by law.
C. All meetings and records of the commission shall be open
to the public. The commission shall keep minutes of the
proceedings, showing the vote of each member upon each question,
and shall keep records of any other of its official actions, all
which shall be immediately filed in the office of the city clerk
and shall be a public record.
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2.30.225 Duties and Powers. A. The Commission shall perform
the following duties:
1. Interpret the provisions of
compliance determinations when
administrative official.
this title and make
requested by the
2. Review and act upon requests for variance
permits, conditional use permits, and other matters
requiring consideration under the Seward zoning Code.
3. Review the City of Seward Comprehensive Plan on
an annual basis and conduct a minimum of one public
hearing. Said recommendations shall be forwarded to the
Council for consideration.
4. Promote public interest and understanding of
comprehensive planning, platting, zoning, land management
and other issues relating to community planning and
development.
B. The Commission shall act in an advisory capacity to the
City Council regarding the Seward Zoning Code, Seward Comprehensive
Plan, Official zoning Map, Official Land Use Plan map, and other
duties as requested by the City Council.
C. The Commission shall act in an advisory capacity to the
Kenai Peninsula Borough Planning commission regarding the following
matters:
1. Subdivision Plat proposals.
2. Right-of-way and easement vacation petitions.
3. Kenai Peninsula Borough Comprehensive Plan and
Coastal Zone Management Plan development, updates and
amendments.
4. City of Seward Comprehensive Plan amendments not
otherwise delegated to the City of Seward.
Section 3 . Title 15. Planninq and Land Use Requlations of the
Seward City Code is adopted to read as follows:
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ChaDters:
15.01
15.05
15.10
sections:
15.01. 010
15.01. 015
15.01. 020
15.01. 025
15.01.030
15.01. 035
15.01. 040
15.01. 045
15.01. 050
15.01. 055
TITLE 15
PLANNING AND LAND USE REGULATION
General provisions
Land Use Planninq
Seward Zoninq Code
ChaDter 15.01
GENERAL PROVISIONS
Authority, purpose; intent
Administrative Official
Planning and Zoning commission
Board of Adjustment
Official Maps - Generally
Amendment Procedures
Public Hearings
Fees
Enforcement and Penalties
Severability
15.01.010 Authoritv. Puroose; Intent. A. Authority. In
accordance with the provisions of AS 29.40.010 (b), and Kenai
peninsula Borough Code of Ordinances 21.01.020 A. and 21.01.025,
this title is enacted for the regulation of land uses within the
City of Seward.
B. Purpose. It is the purpose of this title to promote public
health, safety and general welfare by providing for planning and
land use regulations within the City of Seward.
C. Intent. It is the intent of this title to:
1. Provide for orderly development of the
community;
2. Promote safety and public order;
3. Protect the public health and general welfare
of the citizens of the community; and
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4. stimulate systematic development of
transportation systems, public utilities, schools, parks
and other public facilities.
15.01.015 Administrative Official. The City Manager or his
designee is hereby named as the administrative official
(hereinafter referred to as administrative official) relating to
all actions taken by the Seward Planning and Zoning commission.
The city manager or his designee shall be responsible for:
1. Interpreting and enforcing this title:
2. Maintaining records of all activity related to
this title: and
3. Processing appeals consistent with this title.
15.01.020. Plannina and zonina Commission. The Seward
Planning and zoning commission (hereinafter referred to as
Commission) as established in 2.30.210 is the body created to
assist in the interpretation of this title.
15.01.025 Board of Ad;ustment. The Seward City Council is
declared to be the Board of Adjustment, which shall hear and decide
appeals consistent with this title.
15.01.030 Official MaDS. A. custodian. The City Clerk shall
be the custodian of the official land use and zoning maps which
shall be located in city Hall. Each map is adopted by reference
and declared to be part of this title in the exact form as it
existed in April, 1988, or when amended by the City Council. It
shall be the final authority as to the current land use and zoning
status of land and water areas, buildings and other structures in
the city.
B. Lost or Damaged. If an official map is lost or damaged,
any significant parts thereof remaining after partial destruction
shall be preserved, and the City Council shall by ordinance adopt
a new map which shall be consistent with and supersede the old map.
C.
shall be
shall be
Adoption. Official maps shall bear the adoption date and
signed by the City Clerk. Amendments and the date thereof
immediately added to the official maps.
D. Changes. No changes of any nature shall be made to the
official maps except in conformity with the procedures set forth
in this title. Any unauthorized change of whatever kind by any
person or persons shall be considered a violation of this title and
punishable as provided in this title.
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E. Interpretation. Where uncertainty exists as to the
boundaries of land use designations and zoning districts shown on
the official maps, the following rules shall apply:
1. Boundaries indicated as approximately following
the center lines of streets, highways, or alleys shall
be construed to follow such lines;
2. Boundaries indicated as approximately following
platted lot lines shall be construed as following such
lot lines;
3. Boundaries indicated as approximately following
city limits or section lines shall be construed as
following city limits or section lines;
4. Boundaries indicated as following shorelines
shall be construed to follow such shorelines. Boundaries
indicated as approximately following the center lines of
streams, rivers, lakes or other bodies of water shall be
construed to follow such center lines;
5. Boundaries indicated as parallel to or
extensions of features indicated in subsections 1 through
4, above, shall be so construed. Distances not
specifically indicated on the official maps shall be
determined by the scale of the map;
6. Where physical or cultural features existing on
the ground are at variance with those shown on the
official maps, or in other questions of map
interpretation not covered by subsections 1 through 5
above, the Board of Adjustment shall interpret the
applicable boundaries.
15.01.035 Amendments. A. Generally. Whenever the public
necessity, convenience or general welfare requires, the city
council may, under the procedure set forth in this section and by
ordinance, amend or repeal these regulations or change zoning and
land use district boundaries.
B. Initiation.
1. Changes in this title may be initiated by the
following means:
a. By the City council on its own motion;
b. By the Commission on its own motion;
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c. By petition
property owners
amended;
of a majority of the
in the area to be
d. By petition bearing the signatures of
fifty (50) registered voters within the
city;
e. By petition as provided by the Home
Rule Charter of the city of Seward.
2. A proposed amendment which is substantially the
same as any other proposed amendment submitted wi thin the
previous nine (9) months and which was not approved shall
not be considered.
3. Except for an ordinance altering the boundaries
of existing, contiguous zoning districts or an ordinance
which brings a parcel into conformance with the land use
plan, no ordinance altering zoning within the city shall
be considered if the area encompassed by the proposed
ordinance contains less than 1 acre, not including street
or alley rights-of-way.
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4. The amendment request shall include the names
and address of the applicant, a map showing the area
involved, the present and proposed land use designation,
the reason for the proposed change, the appropriate
application fee as set by city council resolution and
other pertinent information requested by the city.
c. Amendment Procedure.
1. A completed application, as described in this
section, shall be submitted to the administrative
official. The administrative official shall schedule a
public hearing pursuant to the provision of 15.01.040.
2. The Commission shall hold a public hearing in
accordance with the requirements of this chapter.
3. The Commission shall, upon public hearing,
forward its written recommendation to the Seward city
Council, along with all certified minutes and public
records relating to the proposed amendment.
4 . The ci ty council, in
provisions of the Seward City Code,
the amendment as a City ordinance.
accordance with the
mayor may not adopt
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5. A copy of all proposed and adopted amendments
to the Land Use Plan shall be submitted to the Kenai
Peninsula Borough Planning commission for information.
15.01.040 Public hearinqs. Public hearings as required by
this Title shall comply with the notice requirements as contained
herein.
A. Procedures. 1. Notice of the public hearing shall
be published at least twice in a newspaper of general
circulation within the city. The notice shall be
published during each of the 2 calendar weeks prior to
the public hearing date.
2. The notice shall contain at least the following
information: a brief description of the proposal on which
the public body is to act; a legal or common description
of the property involved; date, time and place of the
public hearing; person and place to contact for more
detailed information.
3. Decorum of the body holding the hearing shall
prevail.
B. Neighboring property owners Notification. A copy of the
aforementioned newspaper notification shall be mailed by certified
mail to real property owners of record on the Kenai Peninsula
Borough assessor's records within a 300-foot periphery of the
parcel affected by the proposed action. This notice shall be
mailed not less than ten (10) days prior to the date of the
hearing. When a public hearing is to be held about an amendment
involving a change in text or major district boundary changes, no
notification of neighboring property owners shall be required, but
notices shall be displayed in at least three public places.
15.01.045 Fees. Fees, established by City Council resolution
will defray a significant portion of the administration costs
associated with processing applications for action covered by this
title. Whether an application is granted or denied, the petitioner
or applicant shall not be entitled to the return of the fee paid.
15.01.050 Enforcement and Denalties.
abating violations.
A.
Procedures for
1. When a violation is discovered the city manager
or his designee shall notify in writing via certified
mail or by notice posted at the site of the violation,
the person responsible for said violation. The notice
shall specify the violation and order abatement within
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a reasonable period of time, to be no longer than 90
days. Interpretation and abatement action of all
purported violations known to the city manager shall be
presented to the Commission at its next regular meeting.
2. If a violation is not corrected within the
aforementioned reasonable time, the city manager shall
notify the city attorney, who may initiate action to
abate the violation, including the filing of criminal
charges as necessary.
B. Penalties. See Chapter 1.05, violations and Penalties.
15.01.055 Severabilitv. In the event any portion, section,
subsection, clause, sentence, or phrase of this title is for any
reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this title.
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ChaDter 15.05
sections:
Land Use Plannina
15.05.010 Seward Comprehensive Plan
15.05.015 Incorporation of additional documents
15.05.020 Land Use Plan - Purpose
15.05.025 Land Use Districts - Established, Defined
15.05.010 Seward ComDrehensive Plan. From time to time, upon
recommendation of the Seward City council, the Kenai Peninsula
Borough Assembly shall by ordinance modify, adopt and implement the
Seward Comprehensive Plan. The Plan is a public declaration of
policies reflecting community goals as expressed by citizens, and
is meant to guide the actions of elected officials in setting forth
the goals, objectives, and policies governing the future develop-
ment within the City of Seward.
15.05.015 IncorDoration of additional documents. For the
purposes of this title the following documents as initially enacted
and thereafter amended are adopted by reference as part of the
Seward Comprehensive Plan:
1. Seward Airport Land Use and Development Plan (Dee 1985)
2. Emergency Preparedness Plan (May 1986)
3. Plan of Action - Seward Fire Department (May 1986)
4. Seward Small Boat Harbor Uplands Management Plan (Nov
1983)
15.05.020 Land Use Plan PurDose. A part of the
Comprehensive Plan is the development of a land use classification
system on which to base zoning, and to guide the land use
regulation system. Such a classification system should provide a
balanced, compatible land use mix, in order to separate
incompatible uses and minimize conflict between land uses.
15.05.025 Land Use Districts - Established. Definitions
A. Established. The City is hereby divided into land use
districts which shall be bounded and defined as shown on the
official land use map. This official map, together with all
explanatory matter thereon, as exhibited at the time of public
hearing, is hereby adopted by reference and declared to be a part
of this chapter.
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B. Definitions--purpose
1. Rural residential district.
family housing on large lots.
2. Sinqle familv residential district. Houses on
separate lots of varying sizes.
Low density single
3. Two - familv residential district. Transitional
housing area with a mix of single and two-family units,
close to public services.
4. Multi-familv residential district. Higher
density housing with good pedestrian access to nearby
commercial and institutional services.
5. Office/residential district. Low density
residential, commercial and office development designed
to encourage maintenance of the historical character of
"Millionaire's Row" on the west side of Third Avenue
between Jefferson and Madison streets.
6. Harbor commercial district. Fishing, tourist and
marine-related commercial uses.
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7 . Auto commercial district. Highway commercial
uses with off-street parking.
8. Central business district. Full range of
commercial business services, specialty retailing and
convenience goods, with no required setbacks or off-
street parking. Service access to businesses from
alleys. In order to minimize intrusion into adjacent
residential neighborhoods, the district boundary is
defined along streets and alleys.
9. Industrial district. Manufacturing, processing,
warehousing, distribution, and transportation facilities.
10. Institutional district. Public and private
educational, administrative, government and health care
uses, including public land reserve for future public
development.
11. Parks district. Areas for recreation or
commemorative uses.
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12. Resource manaqement district. Broadly classed
lands which may include but not limited to wildlife
habitats, steep slopes, flood plains and other perceived
hazards to development. A wide range of development
allowed by permit.
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ChaDter 15.10
Seward Zoninq Code
sections:
Article 1. Generallv
15.10.110 Title
15.10.115 Purpose
15.10.120 Applicability of Regulations
15.10.125 Permitted Uses
15.10.130 Unlisted Uses
15.01.135 Conflicts between codes/covenants
15.10.140 Definitions
Article 2. District Requlations
15.10.210 zoning Districts
15.10.215 Parking
15.10.220 Development Requirements
Table 15.10.220 Development Requirements
15.10.225 Land Uses Allowed
Table 15.10.225 Land Uses Allowed--By Districts
15.10.230 Special Setbacks
15.10.235 Townhouses
15.10.240 Home Occupations
Article 3. Supplementarv Requlations
15.10.310 Contract Zoning
15.10.315 Nonconforming, Lots, Structures, and Uses
15.10.320 Conditional Use Permit
15.10.325 Variances
Article 4. Appeals
15.10.410 Appeals - Generally
Article 1. Genera11v
15.10.110 Title. This chapter shall be known and cited as the
"Seward Zoning Code." The provisions of this chapter are ap-
plicable to all lands within the municipal limits of the City of
Seward.
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15.10.115 Purpose. This chapter is adopted in order to
protect the public health, safety and welfare by:
A. Designing, regulating, and restricting the location and
use of buildings, structures, and land, for residence, commerce,
trade, industry or other purpose:
B. Regulating and limiting the height, number of stories and
size of buildings and other structures hereinafter erected or
alterations of any existing buildings:
C. Regulating and determining the size of yards and other
open spaces:
D. Regulating and limiting the density of population:
E. Conserving and stabilizing the value of property:
F. Providing adequate open spaces for light and air, and to
prevent and fight fires:
G. Preventing undue concentration of population:
H. Lessening congestion on streets and highways.
15.10.120 Applicabilitv of Reaulations. Except as
hereinafter provided, all land and structures within the City shall
be constructed, used, occupied or altered in conformance with the
requirements of the zoning district in which they are located. The
regulations set by this chapter within each zone shall be minimum
regulations and shall apply uniformly to private and public
property, and to each class or kind of structure or land, except
as hereinafter provided. All lots, structures, and uses within the
corporate limits of the city shall conform to the applicable
district purposes as defined in this chapter and shall conform to
applicable district regulations as enumerated in Tables 15.10.220
and 15.10.225.
15.10.125 Permitted Uses. A. The express enumeration and
authorization of a particular class of building, structure,
premise, or use in a designated zone shall be deemed a prohibition
of such building, structure, premise, or use in all other zones
unless otherwise specified.
B. In cases of reasonable doubt as to whether a use is
permitted in a specific zone, the guidelines established for
conditional uses in section 15.10.360 shall apply.
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15.10.130 Unlisted uses. A. Unlisted uses may be allowed
within a district upon written decision by the Commission providing
that each unlisted use meets all of the following conditions:
1. The use is not specifically permitted in any
other district.
2 . The use is not more appropriate in another
district, and
3. The use is consistent
district in question; and is
permitted outright.
with the purpose of the
similar to other uses
B. 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.
C. No yard or lot existing at the time of passage of the
ordinance shall be reduced in size or area below the minimum
requirements set forth herein. Yards or lots created after the
effective date of this ordinance shall meet at least the minimum
requirements established by this chapter.
15.10.135 Conflicts between codes/covenants. Whenever there
is a conflict between this chapter, other ordinances or recorded
subdivision covenants pertaining to the regulation of property
within the City, the most restrictive regulation shall apply.
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."
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B. Specific definitions. In this chapter, unless otherwise
provided or the context otherwise requires:
Accessorv use or buildinq means a detached building, the
use of which is appropriate, subordinate and customarily incidental
to that of the main building or to the use of the land and which
is located on the same lot as the main building or use. 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.
Allev means a dedicated public way which affords a
secondary means of access to abutting property and not intended for
general circulation.
Buildinq means any structure built for the support,
shelter or enclosure of persons, animals, chattels or property of
any kind.
Buildinq area means 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.
Buildinq existinq means a building erected prior to the
adoption of this code or one for which a legal building permit has
been issued.
Buildinq heiqht means the vertical distance above a
reference datum measured to the highest point of the coping of a
flat roof. The reference datum shall be selected by either of the
following, whichever yields the greater height of building:
a. The elevation of the highest adjoining sidewalk
or ground surface within a 5-foot horizontal distance of
the exterior wall of the building when such sidewalk or
ground surface is not more than 10 feet above the lowest
grade;
b. An elevation 10 feet higher than the lowest
grade when the sidewalk or ground surface described in
subsection (a) above is more than 10 feet above the
lowest grade. The height of a stepped or terraced
building is the maximum height of any segment of the
building.
Buildinq. Principal or Main means 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.
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Buildable or usable area means 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 within
the property as counting toward minimum required lot size.
Dwellinq means a building designed or used exclusively
as living quarters for one or more families
Dwellinq qroups means a group of two (2) or more,
detached or semi-detached I-family dwellings occupying a parcel of
land, in single ownership and having any yard or court in common,
but not including motels and hotels.
Dwellinq. Multiple Familv, means a building used or
designed as a residence for or occupied by three (3) or more
families, with a number of families in residence not exceeding the
number of dwelling units provided and living independently of each
other under one roof, and includes apartments, townhouses, row
houses and other similar housing types.
Dwellinq. Sinqle familv means a detached building
designed or used exclusively for occupancy of one (1) family and
having housekeeping facilities for only one (1) family.
Dwellinq. 2-familv, means a detached building designed
exclusively for occupancy of two (2) families living independently
of each other under one roof and constituting two (2) dwelling
units.
Dwellinq unit means a
containing kitchen, living, toilet,
designed to be occupied by one (1)
building or portion thereof
and sleeping accommodations and
family.
Familv means any number of individuals living together
as a single housekeeping unit in a dwelling unit and distinguished
from a group occupying a rooming house, club, fraternity house or
hotel.
Home Occupation means any use customarily conducted
entirely within a dwelling 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 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 (2) persons are engaged in such occupation.
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Lot means 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:
1. A single lot of record.
2. A portion of a lot of record.
3. A combination of complete lots of record; of
complete lots of record and portions of lots of record;
or portions of lots of record;
4. 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.
Lot Area means the total horizontal area within the lot
lines of a lot, exclusive of streets and alleys.
Lot. Corner, means a lot situated at the intersection of
2 or more streets having an angle of intersection of not more than
135 degrees.
Lot coveraqe means the percentage of the total lot area
included with the outside lines of exterior walls of all buildings
on the lot, exclusive of steps.
Lot depth means the horizontal distance between the front
and rear lot lines measured on the longitudinal centerline.
Lot qroup in common ownership means two or more parcels
of land, each of which was recorded by the borough assessor on or
before December 5, 1978, as separate tax parcels and which are
contiguous and owned by the same person, partnership or corpora-
tion.
Lot. Interior, means a lot other than a corner lot.
Lot Line. Front, means, 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
complied with.
Lot Line. Rear, means a line opposite and most distant
from the front lot line and, in the case of irregular or triangular
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shaped lots, a line not less than 10 feet in length within the lot,
parallel to and at the maximum distance from the front lot line.
Lot line. Side, means lot boundary not a front lot line
or a rear lot line.
Lot width means the average horizontal distance
separating side lot lines of a lot and at right angles to its
depth.
Mall - see shopping center.
Parkinq area means 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.
Parkinq requirements as stated in terms of emplovees
means the maximum number of employees who will be at the site at
one time on either a single shift or an overlap of shifts.
Parkinq space means an area, enclosed or unenclosed,
sufficient in size to store one motor vehicle. At a minimum, each
space shall measure 10 feet wide by 20 feet long.
Parkinq Space. Off-street means a designated parking
space, exclusive of maneuvering room designed with adequate
independent access to, but located off any street, alley, or other
right-of-way.
Planned unit development means a group or combination of
certain specified residential, commercial, or industrial uses
developed as a functional integral unit in a district where some
or all the uses might not otherwise be permitted.
Residential means activity involving the occupation of
a building for living, cooking, sleeping, and recreation.
Setback means 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 3 feet.
Shoppinq center means a single complex which provides a
combination of retail establishments designed in such a manner as
to provide convenience for shoppers.
18
.
.
.
Street means a dedicated public way, which affords the
principal means of access to abutting property, such as an avenue,
place, drive, boulevard, highway, and other similar public
thoroughfare, except an alley defined herein.
structure means anything constructed or erected on the
ground or attached to something having location on the ground,
including, but not limited to, buildings, towers, sheds, and signs.
Fences, retaining walls less than 3 feet in height, and similar
improvements of a minor character are excluded.
Townhouse means single-family dwelling units constructed
in a series or group of not less than 3 units separated from an
adjoining unit or units by an approved party wall or walls,
extending from the basement of either floor to the roof along the
linking lot line. Each unit and its lot shall be held in fee
simple, except that the amenities, open area and other associated
common property shall be held as undivided common property of the
owners of each unit.
Yard means 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.
Yard. Front, means 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.
Yard. Rear, means 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.
Yard. Side, means 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.
Article 2. District Requlations
15.10.210 Zoninq Districts. A. Adoption of Zones. The
City is hereby divided into zones, which shall be bounded and
defined as shown on the official zoning map. The official zoning
map, together with all explanatory matter thereon, as exhibited at
the time of public hearing, is hereby adopted by reference and
declared to be a part of this chapter.
19
.
B. Districts--definitions--purpose.
1. RR rural l-familv residential district. The
"RR" district is intended to be used for low-density
single-family homes in outlying areas in a form which
creates a stable and attractive living environment.
2. Rl l-familv residential district. The "Rl"
district is intended to be used for urban, single-family
homes and the appurtenant conununity services, and to
encourage a suitable environment for family life.
3. R2 2-familv residential district. The "R2"
district is intended to stabilize, protect, and encourage
a suitable environment for medium-density multi-family
residential living.
4. R3 multi-familv residential district. The "R3"
district is intended to stabilize, protect and encourage
a suitable environment for high-density mUlti-family
residential living.
.
5. OR office residential district. The "OR"
district is intended to protect a part of the historical
character of that area of town known as "Millionaire's
Row" which is on the west side of Third Avenue between
Jefferson and Madison streets. It allows limited
conunercial/office development within existing structures
along with residential uses.
6. HC harbor conunercial district. The "HC"
district is intended to be applied to lands with direct
access or close proximity to small boat harbors within
the city. Uses within the HC district are intended to
be marine-related or marine-dependent and primarily those
uses that are particularly related to tourism,
recreation, conunercial or industrial enterprises that
derive economic or social benefit from a harbor
waterfront location.
7. AC auto conunercial district. The "AC" district
is intended to provide an area for convenience shopping
facilities for surrounding neighborhood areas. It is
also established as a district in which the principal use
of land is for establishments offering acconunodations,
supplies or services to motorists.
.
8.
district
business
primary
CB central business district. The "CB"
is designed to protect and enhance central
district core for efficient performance of its
function as an urban center for retail,
20
.
.
.
commercial, financial, and service facilities, and to
discourage uses not requiring a prime central location.
9. I industrial district. The "I" district is
intended primarily for industrial and transport
operations, including sea transportation and commerce.
The intent is to reserve such areas for appropriate
industries which can function in no other location.
10. INS institutional district. The "INS" district
is intended to include public and private educational,
administrative, government and health care uses,
including public land reserves for future public
development
11. P parks district. The "P" district is intended
to include only those public lands which are established
as public parks for recreational and commemorative uses
for the benefit and enjoyment of the residents and
visitors to the community.
12. RM resource manaqement district. The "RM"
district is intended to include lands which are
undeveloped due to natural hazards, steep slopes,
critical wildlife habitat or watersheds. Some lands may
not be developed while others cannot be precisely zoned
due to inadequate information on the extension of public
services and utilities, and suitability of the land to
support commercial, residential, industrial or public
uses.
c. undesignated - Annexed Lands. Property which has not been
specifically included within a zone and lands which may hereafter
be annexed to the City shall be classified Rural Residential until
such classification is changed by amendment to the zoning ordinance
as provided by section 15.01.035.
15.10.215 Parkinq. A. Except in the CB and OR districts
and that portion of the HC district along Fourth Avenue between the
boat launch ramp and Old Airport Road, there shall be provided at
the time of construction of a principal building or at the time of
alteration, enlargement or any change in use of any principal
building, permanently maintained off-street parking spaces for the
use of occupants, employees or patrons of such building. It shall
be the responsibility, jointly and severally, of the occupants and
owners of the building to provide and maintain said off-street
parking in accordance with this chapter continuously during the
life of the building.
21
.
.
.
B. For each principal building or use wi thin a principal
building, there shall be no less than the number of off-street
parking spaces specified under this section:
Land Use
Dwellina and Lodaes
1. Single-family and
2 family dwellings
and parish houses
2. Multiple-family
dwellings and other
places containing
multiple dwelling units
3. Hotels and motels
4. Bed and Breakfast, room-
ing and boarding houses
Institutions and PUblic Uses
5. Churches, auditoriums,
sports arenas, funeral
chapels, theaters and
other places of public
assembly
6. Sanitariums, nursing
homes, dormitories,
and other similar
institutions
7. Hospitals
8. Public libraries,
museums and art
galleries; post
offices; community/
senior centers
Minimum Number of parkina Spaces
Reauired
2 parking spaces per dwelling
unit
2 parking spaces per dwelling
unit plus 1/2 space for every
unit larger than 2-bedrooms or
greater than 1000 square feet in
size
1 and 2/10ths spaces per guest
unit
1 space per guest room plus
spaces for the principal
dwelling unit
1 space for each 4 seats at
maximum capacity
1 space per 2 residents at
maximum capacity
1 space per 2 beds at maximum
capacity plus 1 space for each
employee on duty
1 space per 1000 square feet of
gross floor area
22
.
.
.
9. Primary and secondary
public and private
schools
10. Post secondary, voca-
tional and music
schools; dance studios
and colleges
11. Day care, nurseries
and kindergartens
Offices
12. Office buildings
(public and private),
professional center
or clinic, financial
institutions and other
similar uses
Entertainment and Services
13. Skating rinks, youth
halls, fraternal and
civic clubs, assembly
halls and other similar
uses without fixed seats
14. Eating and drinking
establishments
15. Bowling alley
Commercial
16. Food stores, shopping
centers and malls
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
1/2 parking space for each
instructor and 1/2 space for
each student, based upon
maximum student capacity
at one time
1/2 space for each staff member
and employee plus 1 space for
each 1000 square feet of gross
floor area
1 parking space for each 250
square feet of gross floor
area, but not less than 5
spaces
1 parking space for each 100
square feet of gross floor
area
1 parking space per 200 square
feet of gross floor area, or one
for each 4 seats, whichever is
greater
4 parking spaces for each alley
plus 1 for each employee on duty
1 parking space for each 250
square fee of gross floor area,
but not less than 6 spaces
23
.
.
.
17. Barber, beauty and
other personal ser-
vices shops
18. Retail stores or ser-
vice business
19. Service or repair
shop, retail store
handling exclusively
bulky merchandise such
as machinery, furniture,
wholesale stores,
appliances, carpet, show-
rooms, etc.
20. Motor vehicle sales
and service estab-
lishments
21. Laundry and dry-
cleaning establish-
ments
22. Gasoline service
station
Industrial
23. Industrial,
processing,
manufacturing, and
assembling
24. Warehousing, storage,
and wholesale business
1 parking space per 100 square
feet of gross floor area
1 parking space for each 300
square feet of gross floor area
1 parking space for each 400
square feet of gross floor area
1 parking space for each 400
square feet of gross sales
floor area plus 4 spaces for
each auto service stall
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
1 parking space for each 2 gas
pumps plus 2 spaces for each
grease rack, wash rack, and stall
for servicing vehicles
1 parking space for each 500
square fee of gross floor area
except that office space shall
provide parking space as required
for offices
1 parking space for each 1,500
square feet of gross floor area,
but not less than 3 spaces
c. Unlisted uses. The requirements for off-street parking
facilities for uses not specifically mentioned in this chapter
shall be the same as the above-mentioned use which, in the op1n1on
of the administrative official, is most similar to the use not
specifically mentioned.
24
.
.
.
D. size of spaces. All parking spaces shall not be less than
10 feet wide and 20 feet long per vehicle, exclusive of access and
turning areas required to utilize such space.
E. Location. All required parking spaces shall be on the same
lot as the main building served; on an abutting lot(s); or by
conditional use permit, on any lot(s) within 300 feet if it is
determined to be impractical to provide parking on the same or
abutting lot(s). separate or abutting parking lot(s) is (are)
allowed provided that such lots are permitted as a principal or
condi tional use wi thin the zoning district. Such abutting or
separated lot(s) shall be under the same ownership as that of the
building being served, or there shall be a parking agreement
approved by the city, which provides for parking requirements for
the life of the occupancy.
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
chapter. 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 25 feet in width. Detailed plans for all curb cuts
shall be submitted to the administrative official for approval
before a building permit is issued.
R. 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;
25
.
.
.
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;
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 several individual uses computed
separately. In the instance of dual function of off-street parking
where operating hours of uses do not overlap, the advisory plan-
ning and zoning commission may by conditional use permit, reduce
the required parking to any amount that meets the requirements of
each use.
J.
parking
require
computation of numbers of spaces. In figuring the total
requirements for a use, any fraction of 1/2 or more shall
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 chapter shall, after adoption of the ordinance
codified in this chapter, be relinquished or reduced in any manner
below the requirements of this chapter.
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.
K. Location on property. Parking spaces shall be permitted
in any required yard area, provided that no parking spaces shall
be permitted within 5 feet of any property line, exclusive of the
central business district.
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 2 1/2 feet and 8 feet shall be erected, planted, placed
or maintained, and no vehicle so impeding visibility shall be
26
.
.
.
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 line in the direction of the nearer lane of approach-
ing traffic, thence to a point 35 feet toward the interior of the
property along the previously described midline, and thence to
point of beginning.
o. Handicapped parking. The following minimum off-street
handicapped parking facilities shall be provided in commercial
uses. Handicapped spaces shall be at least 12 feet wide. Each
space shall be designated as reserved for physically handicapped
individuals. All handicapped spaces shall be within 200 feet of
an entrance that is accessible to handicapped individuals if one
is required.
TOTAL SPACES
IN
PARKING AREA
6--30
30--60
60--90
90-120
Over 120
HANDICAPPED
SPACES
REQUIRED
I
2
3
4
5
P. Group use of lots. Where more than one tenant or use is
included within anyone building or on anyone lot, the parking
requirements shall be the sum total of the parking requirements for
all of the various tenants or uses. 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 15.10.060(B) (16). Generally
speaking, parking requirements for a building shall be based on the
most common parking requirement for uses in the zone in which such
building is located, except where use areas are distinctively
separated by building form.
15.10.220 Development Reauirements.
Development Requirements, is incorporated herein
the restrictions contained therein are mandatory
modified by this chapter.
Table 15.10.220
by reference and
unless otherwise
15.10.225 Land uses allowed. Table 15.10.225 Land Uses
Allowed by Districts, is incorporated herein by reference and the
restrictions contained therein are mandatory unless otherwise
modified by this chapter. The following codes are provided for
information and interpretation:
27
.
.
.
CODES
A = Accessory Use (such as office with an apartment)
o = A use allowed outright. Such use would not be
reviewed by the P&Z Commission
C = Conditional Use Permit required from P&Z Commission
P = A permit from the city administration is required. These
are generally spelled out elsewhere in sections of the
City Code.
BLANK = This use is prohibited within the specified zoning
district.
P = Parks
RR = Rural Residential, very low density residential
Rl = Single Family, low density residential
R2 = Single and Two Family, medium density residential
R3 = Single, Two and MUlti-Family, high density residential
OR = Office residential (Millionaire's Row)
AC = Auto and neighborhood oriented, light commercial
HC = Harbor commercial
CB = Central Business District - dense downtown commercial
I = Industrial
INS = Institutional, public, quasi-public uses
RM = Resource Management - flood plains, steep slopes, other
lands
28
.
.
.
TABLE 15.20.065 DEVELOPMENT REQUIREMENTS
I DESCRIPTION
RR
R1
R2
R3
ZONING DISTRICTS
I OR ! AC I HC
CB
I INS
P
RM
tv
1.0
Maximum Building ! 34 34 I 34 I 34 I 34 34 34 34 34 34 34 34
Height (It) I I
i
Minimum Buildable I 20,000 6,000 1-2 Units
Lot Size - 6.000 6.000 9,000 lor 3-4 Units 6,000 6,000 None 3,000 10,000 None None 20,000
(sq. ft.) 1/21 7,000 7,000 plus 1,200 per unit
lor 5 units & above ! I
Minimum Lot 100 60 60 I 90 I 60 60 I 30 30 100 None None 100
Width (ft)
IMinimum Front 20 20 20 20 20 10 None None 20 20 5 20
IYard Setback (ft) ,
Minimum Side I .Q .Q
Yard Setback ! 10 15 TL 15TL 10 5 5 5 None 10 10 5 10
(ft) 31 5min 5min .
'Minimum Side Yard I
Setback Adjacent 10 10 10 10 10 10 10 None 20 10 5 I 10
to Street (It) 41
Minimum Rear Yard I I
Setback (It) 4/ 10 10 10 10 10 10 10 None 10 15 5 10
Maximum Accessory I I I I I
Building Height (It) 20 20 20 20 I 20 I 20 20 34 34 34 20 I 20
Maximum Lot I I I
!Coverage (0/0) 51 30 35 35 I 40 35 50 100 100 100 50 10 30
11 Buildable/useable area - lot may have to be larger to have minimum buildable area available.
21 6,000 sq. It. south of 1500 Block and 7,000 sq. It. north 01 1500 Block - R1 and R2
31 5 loot setback south 01 1500 Block and 15 leet total both sides with 5 loot minimum north of 1500 Block - R1 and R2.
4/ Jesse Lee Heights Subdivision - 20 feet - R1
51 Excludes setbacks in HC and I
.
.
.
TABLE 15.20.070 LAND USES
Key:
0= Use Pemitted Outright
C = Use Requires Conditional Use Permit
P = Use Requires Administrative Permit
Blank = Use Prohibited
ZONING DISTRICTS
USES
RR R1 R2 I R3 I OR I AC 1 HC I CB I
i INS I P [@
I
AUTOMOTIVE
w
o
Car Wash 0 C C
Repair C C I 0 C
I
Paint. Body and Upholstery I C 0 I C
Parts - New 0 0 0
Parts - Used i C C
Sales/Rentals & Service C C
Service/gas Station I I 0 0 C C C
BOAT (MARINE)
Bu ild ing/Fabrication I 0 0 C
Charter Office 1 0 0 C C
Marina/Harbor I I 0 C 0 C
Marine Related Facility i C 0 C 0 C
Repairs C 0 C
Storage C 0 ! C C
COMMERCIAL: RETAIL / WHOLESALE
I Art Gallery I I ! i I , i I
I i I C 0 I 0 , C 0
I Auction House , I , 01 C
;
,
Flea Market - Open Air Retail I C C C i C
Gift Shop \ I C 0 0 0 I C
Greenhouse/Nursery - commercial I 0 0 I 0 I
Grocery I 0 c 0 c
.
.
.
USES
RR I R1 I~I R3 ! OR I~I CB I
IINSI P ~
COMMERCIAL: RETAIL / 'MiOLESALE
Mobile Home sales , ! C I I C
I
Recreational Vehicle (RV) - Sales I : C I C 0 I C
I
Retail Business i 0 C 0 C C
Studio: Art, Dance, Radio, TV C i 0 I 0 C
Wholesale Sales 0 I 0 i 0 I 0 C
I
FOOD [BEVERAGE
Bakery I 0 0 0
Bar C C C C
Restau ran t ! ! I C 0 C 0 C C
Drive-In (Fast Food) I 0 C C
W
I-'
INDUSTRIAL
Bulk Material Handling/Concrete Redl-mix C C
Food Processing i.e. Canning C C C C
Fuel, Bulk Tanks C C
Junkyard C C
lumber Yard/Building Supply I C C 0 C
Manufacturing - Light C C 0 C
Manufacturing - Noxious, Heavy C C
Minerals & Natural Resource Develop. Facility I C I , C I
Natural Resource Extraction I I C i C I C
i
Sawmill ! I C C
: Sign Shop i I , C I 0 C 0 0 ! C I
Tool/Equipment Rental i , , , i C C I C I 0
: I i 0 I I
, i
[ Welding, Sheet Metal I [ C I C i I 0 I I C
!
.
.
.
USES
RR R1 I R2 R3 OR I AC HC! CB I
INS! P ~
MISCELLANEOUS
Ac es
Bid C 't t 'th D' t ' t
I 0
o
o I 0 I 0
o i 0
o
o I 0 I 0
o I
c sory gs onsls en WI IS nc I I
Farming - General Agriculture C I i i i i I i ! 0
:
Fraternal Lodge/Club, Union Hall I i C i C ! o I C I 0 0 C i
I
i Home Occu pation ) 0 I 0 0 I o ! 0 I 0 0 0 I 0 I
Satellite TV Dish I 0 i 0 I 0 I 0 I 0 i 0 0 0 i 0 0 0
I I
ToweF6, Commercial - Radio, TV, etc. C C i C i C i I C I C I C I 0 0 0
I !
OFFICES
W
tv
Agencies, Travel, Title, Insurance, etc. I I 0 I 0 0
I
I Financial Institution i.e. Bank, S&L I I C 0 0
I
Mobile or Temporary Bldg for Office/Security I ! I I C/P I C/P C/P I C/P
i
Professional, Business, Medical, Dental ! I I C C I 0 I C i 0 I 0
I I i :
PUBLIC /INSTITUTIONAL
Auditorium i I i ! o ! 0 0
Cemetery I I I I I i 0 I 0
I I ! I
Churches I C i C C C I 0 C C
Government, Administration ! i I C 0 i 0 0 0 0 I C
Hospital I I C ! : C I I C
Library ! : C I C ! C I C I 0 I 0 0
i I I i
Museum I i i I C I 0 C I 0 ! 0 I I
i I I I
I Safety - Fire, Police I I I i ! I 0 0 0 C i
I i
I i I I !
Solid Waste Disposal
Teen Center
Utilities: Water, Sewer, Electric
C
C I
o
o
, C ,
I
C I :
--lQJ
C
o
o
o
C
C i C
o
.
.
.
USES
IRRiR11R2 R3~CBI
I INS I p I AM I
RECREATION
Billiards Hall I 0 I 0 ! 0 0
I
Bowling Alley i i I , 0 I ! 0 C
; I
Campground, Camper ParklRV Park I I i C/P C/P C/P I 0 0
i
Campground, Employee I I C/P I I
Community Center i I I C i I C 0 0 C I
Golf Course 0 0 0
130lf Driving Range I 0 0 0 I 0
Gymnasium i I 0 0 0 I C
Health Spa i i C 0 I 0 C
Playground/Tot lot i 0 0 0 0 C , 0 C C 0 0 0
Theatres - Concert, Movie 0 I 0 I 0
I
w
w
RESIDENTIAL / LODGING
One Family Dwelling 0 0 I 0 0 I 0 I C
Two Family Dwelling 0 0 C C
Three-Four Family Dwelling I 0 0 0 0 C
Five + Family Dwelling C I C C C C
Townhouses, etc. I C C C
I I
Planned Unit Development I C C i C I C C C
Mobile Home not in a Park I I i
I
Mobile Home/RV Park i ! I C/P C/P C/P
Rooming/Boarding House I C I C i C I I C I
Dormitory/Transient Housing C ! 0 i i C C C
Nursing/Retirement Home I I C I i C i C C
I i
I I I I
i I
Bed and Breakfast
Owner/Mgr Apartment to Business
HotellMotelllodge
P
P
P
P
P
o
o
o
o
C
o
o
I
i I
LJ
P
C
C
.
-
SCHOOLS \ C
T C C C I
I. \ C \ C C
C \ C
private. \'lon-pro\it \ T I C 0 0
pvt, Pro\it i.e. p,rt. Business. oance C
\ \ C -\ C \
public. E.lement3JY I I C\ C C
publiC. secondary \" C \ C C
\ \ C
post secondary i T C\ C C C C C C
I vocatiOnal
.
uSE.S
V)
.t>
SE C
\ \ \ C
p,nimal Hospital. Vet C\'Inic. Boarding \ C C C
C C \ C C C
OaY Cal'e _ \'lursery. Childcare \ \ 0 \ C \ 0 0
u~.undry/Ory Cleaning 0 C
"\ \ I C 0 C
Mortuary/Funeral \-Iome \ \ \ \ 0 0
\ C
personal Ser'iiCe \.e. Beaut'!. Shoe, lailor \ 0 C C C
f\epairlser'iiCe i.e. APp\'lance C C
\ C C
la)(idermY \ 0 C 0 \ 0 C
\ "
UPhOlsterY
ftV\CE.S
S,o 0\ 0
\ C C C 0
'\ I. C I C
\ C 0 \
outdOOr I C
i
Wal'ehOuse
f\AGE.
,fW'lSpOf{{ AIION
.
.
.
15.10.230 special setbacks- CB and I Districts. Central
Business and Industrial Districts. Where the CB district abuts the
RR, R1, R2 or R3 districts, a minimum setback equal to that
required of the abutting district shall be required. Where
industrial districts abut onto RR, R1, R2 or R3 districts a minimum
setback of 10 feet shall be required.
15.10.235 Townhouses. A. Generally. The standards set forth
in this section shall compliment 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, planned unit developments i.e. townhouses shall
be conditionally permitted in the following districts: R1, R2, R3,
and RM, if the following requirements are met:
B. Conditions. The proposed development meets all conditions
specified in this chapter under the section titled Conditional Use
Permits. 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, counts 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 6 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 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.
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G. Lot Coverage. The maximum lot coverage by all buildings
shall be forty 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 state Fire Marshal.
K. Homeowners Association. The developer or subdivider of
any townhouse development shall deposit with the appropriate
homeowners association, formed in compliance with the Horizontal
Property Regimes Act, AS 34.07, 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 Horizontal
Property Regimes Act cited in this section, a contingency
fund in the sum of $500.00 per dwelling unit in the
townhouse development fund.
2. A
association
contingency
to the city
copy of the bylaws of the homeowners
showing in what manner the aforesaid
fund shall be controlled shall be furnished
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.
15.10.240 Home Occunations. A. Intent. It is the intent of
this chapter to permit home occupations which are compatible with
other permitted uses and with the residential character of a
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neighborhood, and which are clearly secondary or incidental to the
residential use of the main building. In general, a home occupa-
tion is an accessory use so located and conducted that the average
neighbor, under normal circumstances would not be aware of its
existence. So long as all the development requirements of this
section are met, home occupations are permitted accessory uses in
the RR, Rl. R2, and R3 zones.
B. Development Requirements. 1. Not more than two
persons shall be employed in the home occupation.
2. No more than thirty (30%) percent of the gross
floor area of all buildings on the lot shall be used for
the home occupation.
3. The home occupation shall be carried on wholly
within the principal building, or other buildings which
are accessory thereto. Any building used for a home
occupation shall be wholly enclosed.
c. Bed and Breakfast uses. Bed and breakfast type uses are
allowed by administrative permi t in the RR, Rl, R2, and R3
districts, subject to the following:
1. The use follows the guidelines set forth as a
home occupation;
2. The operation will be limited to an owner-
occupied dwelling with that dwelling being the owner's
principal place of residence.
3. No more than one (1) bedroom will be utilized;
4.
for the
required
off-street parking space is to be provided
and breakfast room in addi tion to those
the residential dwelling;
One
bed
for
5.
chief;
Use is contingent upon approval by the fire
6. No cooking or cooking facilities are permitted
in the guest room;
7. The length of stay shall not exceed seven (7)
consecutive days; and
8. No more than one meal per day can be served.
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Article 3. SUDDlementarv Reaulations
15.10.310 Contract Zonina. A. Intent. It is the intent
of this section to provide a means of permitting a proposed land
use which is compatible with adjacent uses but not with the zoning
district classification. "Contract zoning" means a zoning
reclassification to a less restricted use when the owner of the
rezoned property, either through an agreement with the City Council
or a covenant in favor of the City, places restrictions on the use
of the land beyond the zoning requirements generally attaching to
the new district in which the property has been placed.
B. Minimum building lot. The smallest parcel that may be
considered for contract rezoning is any lot that may be built upon
in accordance with this chapter.
C. Procedures. Contract zoning shall follow the amendment and
public hearing procedures as set forth in this title.
D. Application. An application for a contract zoning
agreement shall be submitted to the administrative official. The
application shall include the names and addresses of the applicant,
a map showing the property involved, present zoning, detailed
information on the proposed development and use of the land, site
plan, floor plan and artist elevations, and applicable fee.
Proposed covenants, guarantees or other forms of agreement to
assure the development and use of the land as proposed shall also
be submitted.
E. Review criteria. 1. The Commission may reject, modify
or accept the applicant's proposal submitted under this
section, provided however that prior to recommending approval
of a contract zoning the Commission shall find that:
a. The proposed land use can be developed in a
manner compatible with development in adjacent
zoning districts;
b. Existing public facilities, services and
utilities can accommodate the proposed use without
any detrimental effect on adj acent zoning districts;
c. Rezoning to a district allowing the proposed use
would not permit other uses which would not be
compatible with the adjacent land use.
2. Upon acceptance by the applicant of the terms
of the contract zoning agreement, as approved by the
commission, it shall be submitted to the City Council.
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F. Agreement. 1. The use of the property beyond the terms
of the contract zoning agreement shall immediately invalidate
the agreement and the zoning shall revert back to the
classification at the time the agreement is initiated.
2. A copy of the agreement shall be filed with the
district recorder and shall control all future owners of
the land to the same extent as the original applicant.
15.10.315
Nonconformina. Lots. structures and Uses.
A. xntent. within the zoning districts established by this
chapter or amendments that may later be adopted, there may exist
lots, structures, and uses of land and structures, and
characteristics of use which were lawful before the effective date
of the applicable regulations, but which would be prohibited,
regulated or restricted under the terms of this chapter or future
amendment. It is the intent of this chapter to permit these
nonconformi ties to continue until they are removed, but not to
encourage their perpetuation, and to eliminate the nonconformities
as rapidly as the law permits. It is further the intent of this
chapter that nonconformities shall not be enlarged upon, expanded
or extended, nor used as grounds for adding other structures or
uses prohibited elsewhere in the same district.
B. status Designated. When a lot, structure, or use legally
exists prior to the adoption of this ordinance or otherwise stated
effective date, but does not meet the requirements of this chapter,
it shall be permitted to continue within the limits set forth in
this section. Under such circumstances it is said to have
nonconforming status. There are three types of nonconforming
status:
1. Lots. The lot, width, or acreage is smaller than
the minimum permitted in the zone in which it is located.
2. structures. The structure is designed to
accommodate a nonconforming use or fails to meet yard,
coverage, height, or other development requirements
established for the zone in which it is located.
3. Uses. The use to which land and/or structures
is being put is not a principal, accessory, or
condi tional use permitted in the zone in which it is
located, and is not otherwise permitted in this chapter.
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.
.
c. Effective Date.
existed prior to June 6,
of this chapter, shall be
or use.
Any land, structure, or use that legally
1978, but does not meet the requirements
considered a nonconforming lot, structure
D. Nonconforming Uses.
the following provisions:
1. A nonconforming use within a nonconforming
structure shall not be extended to occupy any land
outside that structure.
Nonconforming uses are subject to
2 . When a nonconforming use is discontinued for one
year, the use shall not thereafter be permitted except
in conformance with the regulations of this chapter.
3. All nonconforming uses associated with a
nonconforming structure which is destroyed, shall be
deemed terminated.
4. A nonconforming use shall not be moved to any
other portion of the lot or the parcel.
E. Nonconforming Lots and Lot Groups. Nonconforming lots and
lot groups are subject to the following provisions:
1. Provided all other provisions of this title are
met, each lot and each lot group in common ownership of
4,500 square feet or greater of record on December 5,
1978, may be developed even though such lot or lot group
in common ownership fails to meet minimum area or width
requirements.
2. No lot or lot group in common ownership less
than 4,500 square feet may be used except in conformity
with all provisions of this title; provided, that in the
RR district each lot and each lot group in common
ownership of 6,000 square feet or greater of record as
of December 5, 1978, may be developed in conformity with
all other provisions of this title
3. Any lot or lot group
than 6,000 square feet may
conformity with all provisions
in common ownership less
not be used except in
of this title.
4. Any use permitted under this chapter shall
substitute the lot group in common ownership in place of
the individual lots for zoning purposes, and the owner
shall execute a covenant running with the lots which will
provide that the lot group in common ownership will not
be disposed of except as a single unit of land. Prior
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.
to initiation of use of the lot group provided under this
section, the covenant must be executed and recorded with
the Seward District recorder.
F. Nonconforming structures. Nonconforming structures are
subject to the following restrictions:
1. A nonconforming structure may not be enlarged
or altered in a way which increases its nonconformity.
2. Should a nonconforming non residential structure
or nonconforming portion thereof be damaged by any means
to an extent of more than 50 percent of its replacement
cost at time of destruction, as determined by the city
manager or his designee, it shall not be reconstructed
except in conformity with the provisions of this chapter.
3. Any nonconforming residential structure being
used as a primary residence that is destroyed, may be
rebuilt provided that all provisions of this chapter,
excluding lot size and width, are met.
4. On any nonconforming structure or portion of a
structure containing a nonconforming use, work may be
done, in any period of 12 consecutive months on ordinary
repairs, to an extent not exceeding 50 percent unless
said repairs are in conformity with all other provisions
of this chapter or are required by any official charged
with protecting the public safety.
G. Elimination - Public safety, Health and General Welfare.
If it is determined that a nonconforming lot, structure or use, or
combination thereof, significantly impairs the public health,
safety, and general welfare or the rights of neighboring property
owners pursuant to this chapter, the city council shall by
ordinance establish a reasonable schedule for the termination of
the nonconformity.
15.10.320 Conditional Use Permits. A. Intent. There are
some uses which may be compatible with principal uses in some zones
if certain conditions are met. 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;
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.
.
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, and
such data as may be required.
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
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. A more suitable location for the use is not
readily available;
6. Any and all specific conditions deemed necessary
by the Commission to fulfill the above-mentioned
conditions shall be met by the applicant.
E. Expiration--Extensions. An approved conditional use permit
lapses six (6) months after approval if no building permit is
procured or if the allowed use is not initiated. The Commission
may grant time extensions not to exceed 6 months upon a finding
that circumstances have not changed sufficiently to warrant
reconsideration of the approval of the conditional use permit. A
public hearing shall not be required prior to granting an extension
of time.
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.
.
15.10.325 Variances. A. Intent. When the literal
enforcement of this chapter would deprive a property owner of the
reasonable use of his real property, a variance would allow for the
relaxation of the development requirements of this chapter to
provide relief.
B. Application. Application for a variance shall be filed
with the City Clerk. The application shall include, but is not
limited to the following:
1. All of the information required for a
conditional use permit;
2. A precise description of the variance requested,
including the section, paragraph and sentence of this
chapter from which the applicant wishes to deviate;
3. A written item-by-item response to all of the
conditions specified in this section; and
4. 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
15.01.040 of this title.
D. Review Criteria. The Commission shall establish a finding
that all of the following conditions have been found to exist as
a prerequisite to issuance of a variance permit.
1. The proposed action must be consistent with all
of the general conditions required for a conditional use
permit.
2. Special conditions and circumstances exist which
are peculiar to the land or structures involved and which
are not applicable to other lands and structures in the
same district.
3. The special conditions and circumstances have not
been caused by actions of the applicant.
4. Financial hardship or inconvenience shall not be
a reason for granting a variance.
5. Other nonconforming land use or structures within
the district shall not be considered grounds for granting
a variance.
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.
.
6. A variance shall be the m1n1mum variance
necessary to permit the reasonable use of the land or
structure.
7. A variance shall not be granted which will
permit a land use in a district in which that use is
otherwise prohibited.
F. Permit. An approved variance permit shall lapse six (6)
months from the date of approval if the variance for which the
permit was issued has not been implemented. The Commission may
grant a time extension not to exceed six (6) months upon finding
that circumstances have not changed sufficiently since the date of
initial permit approval. A request for extension must be submitted
prior to the expiration of the permit. A public hearing shall not
be required as a condition of granting the extension.
Article 4. Appeals
15.10.410 Appeals - Generallv. A. Purpose. This article
governs all appellate actions and determinations taken under the
Seward Zoning Code.
B. Appeals--standing. Any person or persons aggrieved by an
action or determination taken under this chapter may appeal said
action or determination.
C. Time Limitation. An appeal of a decision of the
administrative official or the Seward Planning and Zoning
Commission must be filed within ten (10) days of the action or
determination being appealed. An appeal of a decision of the Board
of Adjustment must be filed within thirty (30) days of the action
or determination being appealed. Computation of the time period
for filing an appeal shall commence with the date on which the
action or determination is mailed or delivered to the parties
involved. Any decision not appealed within these time limits shall
become final.
D. Applications. The application for appeal shall be filed
with the City Clerk, except that appeals to the Superior Court
shall be filed with the appropriate court officer with a copy to
the City Manager, shall be in writing, and shall contain, but is
not limited to, the following information:
1. The name and address of the appellant;
2. A description of the action or determination
from which the appeal is sought;
44
.
.
.
3. The reason for the appeal which must show a
grievance to the applicant.
E. Filing Fee. An application appealing actions and
determinations of the administrative official or the Seward
Planning and Zoning commission shall be accompanied by a filing fee
as set by resolution of the Council.
F. Jurisdiction. Appeals of actions and determinations of the
administrative official are heard by the Seward Planning and Zoning
commission. Appeals of actions and determinations of the Seward
Planning and Zoning Commission are heard by the Board of
Adjustment. Appeals of actions of Board of Adjustment are heard
by the Superior court.
15.10415 Appeal notice and hearina. A. Upon receipt of a
valid application appealing an action or determination of the
administrative official or the Seward Planning and Zoning
Commission, the city Clerk shall schedule an appeal hearing to be
held within thirty (30) days. All parties to the action or
determination being appealed shall be provided with written notice
not less than fifteen (15) days prior to the appeal hearing.
Notice of the appeal hearing shall also be published in the manner
provided for publishing notice of public hearings in 15.01.040(A).
B. An appeal hearing conducted by the Board of Adjustment
shall be on the basis of the record established before the
Commission and the record on appeal. The agency hearing an appeal
may allow for oral presentations by the administration and the
appellant. A time limit may be established for said presentations.
C. The hearing, and any reconvenings thereof, shall be open
to the publici however, the hearing agency may vote to recess to
a closed, executive session, in order to deliberate and prepare its
findings of facts and conclusions of lawi provided that final
action shall be voted upon in open session.
D. No new evidence shall be received or considered by the
Board of Adjustment hearing an appeal. To receive and consider new
evidence, the matter shall be remanded to the Commission for
reconsideration.
15.10.420 Record of appeal. A. The record of appeal shall be
prepared by the City Clerk and provided to the hearing agency not
less than five (5) days prior to the hearing, and shall consist of
the following:
1. A verbatim transcript of the prior proceedings
from which the appeal has been taken, if those
proceedings were taped or otherwise recorded, or if the
proceedings were not recorded, copies of any approved
minutes, summaries or other records of the proceedings.
45
.
.
.
2. Copies of all memoranda, exhibits,
correspondence, recommendations, analyses, maps,
drawings, and other documents or exhibits submitted prior
to the decision from which the appeal is taken.
3. A copy of all
determinations and decisions,
conclusions.
prior written actions,
including findings and
4. A list of the names and addresses of all persons
appearing as witnesses at prior hearings.
5. Any written statements filed pursuant to Section
15.10.425.
B. The record of appeal shall be made available for public
inspection in the clerk's office no less than five (5) days prior
to the hearing date.
15.10.425 ADDellant. s written statement A. An appellant may
file a written statement summarizing the facts and setting forth
pertinent points and authorities in support of the points contained
in the notice of appeal if such statement is filed not less than
seven (7) days prior to the date set for the appeal hearing.
B. The administration and any interested party wishing to
file a written statement in rebuttal to the appeal may do so if
such statement is filed not less than two (2) days prior to the
appeal hearing date.
15.10.430 Findinqs and conclusions. A. Within sixty (60)
days following the filing of an appeal, the body hearing the appeal
shall issue its decision in the form of written findings of fact
and conclusions of law.
B. The findings of fact and conclusions of law shall
reference specific evidence in the record and the controlling
sections of this chapter. The body hearing the appeal may exercise
its independent judgment on legal issues raised by the appeal.
Legal issues are those matters that relate to the interpretation
or construction of ordinances or other provisions of the law, or
the application of case law to the facts as presented. The Board
of Adjustment shall defer to the judgment of the Commission
regarding disputed issues of fact. Findings of fact adopted
expressly or by necessary implication by the Commission shall be
considered as true if they are supported by substantial evidence
in the record. Substantial evidence means such relevant evidence
as a reasonable mind might accept as adequate to support a
conclusion.
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.
.
C. Upon express vote, the body hearing the appeal may adopt
as its statement of findings and conclusions those findings and
conclusions officially adopted by the body below from which the
appeal was taken.
D. The findings of fact and conclusions of law shall be
signed by the presiding officer and filed with the clerk, who shall
promptly mail a copy to the appellant.
section 3. The members of the Seward Advisory Planning and
Zoning 'commission shall become members of the Seward Planning and
Zoning commission with their same terms and positions.
section 4. This ordinance shall take effect upon approval of
an ordinance by the Kenai peninsula Borough Assembly delegating to
the city of Seward, the authority to provide zoning regulations and
to make land use plan amendments to the Seward Comprehensive Plan.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 6th day of November, 1989.
THE CITY OF SEWARD, ALASKA
~~
W lAM C. NOLL, MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Dunham, Noll, sieminski, Simutis
None
Hilton, Meehan
None
ATTEST:
APPROVED AS TO FORM:
PERKINS COIE, Attorneys for
the City of Seward, Alaska
Q~~.~~
Patricia J. Jones
Acting City Clerk
~ClY~( J~
Fred B. Arvidson
City Attorney
(City Seal)
Introduced By: Simutis/Meehan
Introduction Date: 10/09/89
Public Hearing Date: 10/23/89 and
11/06/89
Enactment Date: 11/06/89
47