HomeMy WebLinkAboutOrd1994-026
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Sponsored by: Planninl! Commission
Introduction Date: June 13. 1994
Public Hearing Date: June 27. 1994
CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE
t 15.10.140, DEFINITIONS (ZONING CODE)
WHEREAS, business opportunities, building construction methods and housing types are
always being created or changing; and
WHEREAS, it is important that the intent and meaning of tenns used in city ordinances
are understood by both the public and city staff; and
WHEREAS, the development of detailed deftnitions will assist those interpreting and
administering the city zoning code;
NOW, TIlEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code t 15.10.140 is hereby amended to read as follows:
15.10.140 Definitions.
A. General interpretation.
1. Words' used in the present tense include the future tense.
2. The singular number includes the plural.
3. The word "person" includes a corporation as well as an
individual.
4. The word "lot" includes the word "plot" or "parcel".
5. The term "shall" is always mandatory.
6. The word "used" or "occupied" as applied to any land or
building shall be construed to include the words' "intended", "arranged", or
"designed to be used or occupied".
B. 8vecific definitions. In this chapter, unless otherwise provided or the
context otherwise requires:
Accessory building. A detached structure that:
1. is clearly incidental to and customarily found in connection
with a principal building or use;
2. is subordinate to and serves a principal building or use;
3. is subordinate in area, extent or purpose to the principal
building or use served;
4. contributes to the comjon, convenience or necessity of
occupants, business or industry in the principal building or use served; and
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CITY OF SEWARD, ALASKA
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5.
is located on the same lot as the principal building or use
served.
An accessory building shall be considered to be a part of the main building
when joined by a common wall or connected by a breezeway to the main building.
Accessory building means any structure regardless of type of foundation or base
support, including skid-mounted or other moveable structures.
Accessory or mother-in-law aDartment. An efficiency or studio type
apartment attached to or located within, and accessory to, an existing detached
single-jamily dwelling.
Agriculture. Commercial farming, dairying, pasturage, horticul-
ture, floriculture, viticulture, or animal and poultry husbandry including buildings
used to shelter farm implements, hay, grain, poultry, livestock or other farm
produce in which there is no human habitation and which is not used by the
public.
Airport. A place where aircraft can land and take off, usually
equipped with hangars, facilities for refueling and repair, various accommo-
dations for passengers, and business lease sites.
dlkJ.. A dedicated public way which affords a secondary means
of access to abutting property and not intended for general traffic circulation.
Alteration. Any change, addition or modification in the construc-
tion, location or use of a building.
Amusement and recreation facility. Establishment engaged
primarily in providing entertainment for a fee including such activities as bowling
alleys, billiards and pool, dance hall, pinball machines, video games or other
similar player-operated amusement devices.
ADartment. Any portion of a building which is designed, built,
rented, leased, let or hired out to be occupied or which is occupied as the home
or residence of an individual for daily living and doing his own cooking
independently of any other individual or family in the same building. (See
Dwelling)
ADartment. owner or manager. An apartment within a building
that is designed to be used exclusively as the living quarters for the owner or
manager family of that building or a commercial business located in the building.
Antenna. A device used to transmit and/or receive radio or
electromagnetic waves between terrestrially and/or orbitally based structures.
Includes satellite dish.
Auto repair station. A place where a qualified automotive
mechanic provides services such as general motor vehicle and engine repair,
reconditioning or rebuilding, and collision service including body, frame and
fender straightening and repair, painting and undercoating of motor vehicles.
Auto service station. A place used primarily for the retail
dispensing of motor fuels and/or installation of tires, batteries and other
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-26
accessories and services which do not customarily or usually require the services
of a qualified automotive mechanic. Also known as a gas station.
Bed and Brealfast. An owner occupied and operated single family
residential dwelling where lodging with a meal is provided for compensation on
a shon-term basis. The term does not include boarding houses and separate
apanments which are leased on a month-to-month or longer basis.
Boardinc or rooming. An owner occupied building which has not
more than five (5) rooms available for rent or lease on other than a day-to-day
basis and not open to transient guests for residential occupancy and in which no
cooking or dining facilities are provided in the individual rooms. Meals may be
regularly prepared and served for compensation at a table, family-style, without
service or ordering of individual ponions from a menu. The term includes
lodging house or rooming house but does not include separate apanments with
individual kitchen and bath facilities.
Building. Any structure built for the suppon, shelter or enclosure
of persons, animals, chattels or property of any kind.
Building area. A total area taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings, exclusive of
external steps.
Building. existing. A building erected prior to the adoption of this
code or one for which a legal building permit has been issued.
Building height. The venical distance above a reference datum
measured to the highest point of the coping of a flat roof or to the deck line of a
mansard roof or to the average height of the highest gable of a pitched or hipped
roof. The reference datum, which must be between the building and the property
line or in a dedicated public right of way that is accessible to fire suppression
personnel and rescue equipment, shall be selected by either of the following,
whichever yields the greater height of building:
1. The elevation of the highest adjoining sidewalk or ground
suiface within a five-joot horizontal distance of the exterior wall of the building
when such sidewalk or ground suiface is not more than ten feet above the lowest
grade; or,
2. An elevation ten feet higher than the lowest grade when the
sidewalk or ground suiface described in subsection 1. above is more than ten feet
above the lowest grade. The height of a stepped or terraced building is the
maximum height of any segment of the building.
Buildinf!. DrinciDal or main. A building in which is conducted the
principal or main use of the lot on which the building is situated. Attached
garages, porches, and carpons shall be considered to be pan of the principal
building.
Buildable or usable area. That ponion 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
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obstacles to development within the property as counting toward minimum
required lot size.
Bunkhouse. A building used as living quarters for people such as
cannery workers or construction laborers where shower and sanitary facilities are
shared by several rooms and in which there are no individual cooking facilities.
Business. ~eneral sales. A premises where the sale of goods or
commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knit,
or yam shops; book, gift or apparel shops; fishing equipment, hardware or
vehicle sales; restaurants; vehicle rentals or variety stores.
Business. Dersonal service. The conduct of business where
personal assistance is offered for compensation; i.e., dress11U1ldng, tailoring,
barbers and beauty, etc.
CamD~round. A plot of ground upon which two or more campsites
are located, established or maintained for occupancy by tents or recreation
vehicles as temporary living quarters for recreational or vacation purposes.
CamD~round. employee. An area operated by an established
business with high seasonal employment of transient workers as a housing
alternative and not construed to be a construction camp.
Child care. licensed center. In accordance with Alaskfl state
statutes, a building where adult care, protection, and supervision is provided for
children other than the owner's or operator's. Also called day care, nursery
school, pre-school and kindergarten.
Child care. licensed home. In accordance with Alaskfl state
statutes, a private residence where adult care, protection, and supervision is
provided for children other than the occupant's. Also called day care, nursery
school, pre-school and kindergarten.
Church. A building, structure or group of buildings or structures
primarily intended for conducting organized religious services and associated
accessory uses. The definition of a church shall be dependent upon U. S. Internal
Revenue Service and the Kenai Peninsula Borough Assessor's Office interpreta-
tion. A standard single family residence not remodeled for public meetings shall
not be considered a church.
Clinic. A building or portion thereof containing offices and
facilities for providing out-patient medical, dental or psychiatric services, and
which may include a dispensary to handle medication and other merchandise
prescribed by physicians in connection with their medical practice.
Club. Drivate. A building and relatedfacilities owned or operated
by a corporation, association, or group of individuals established for the
fraternal, social, educational, recreational or cultural enrichment of its members,
but not primarily for profit, and whose members meet certain prescribed
qualifications for membership and pay dues. Includes lodges.
Cluster subdivision. A development design technique that pennits
a reduction in lot area provided there is no increase in the number of lots
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CITY OF SEWARD, ALASKA
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permitted under a conventional subdivision or increase in overall density of
development by concentrating buildings in specific areas on a site to allow the
remaining land to be used for recreation, common open space and preservation
of environmentally sensitive areas.
Commercial use. An occupation, employment, or enterprise that
is carried on for profit by the owner, lessee, or licensee.
Condominium. A form of housing ownership by which a person
may purchase and own one dwelling unit in a multi-unit building or development.
Each owner owns a common interest in such things as the underlying land,
common walls, stairwells, elevators, lobbies, laundry rooms and recreation
rooms.
Convalescent or nursinf home. A structure with sleeping rooms
where persons are housed or lodged and are furnished with meals, nursing and
medical care.
Convenience Store. A small-scale neighborhood grocery establish-
ment offering for sale prepacko.ged food products, household items, and other
goods commonly associated with the same and having a gross floor area of less
than 5,000 square feet.
Dormitory. A building used as residential group living quartersfor
a student body or religious order as an associated use to a school, orphanage,
or other similar institutional use, and does not include kitchen facilities, except
a group kitchen facility to serve all residents.
Drinking establishment. Any premises wherein the principal
purpose is the retail sale of alcoholic beverages for consumption on the premises
and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern
and nightclub.
Drive-in facility. Any portion of a building or structure which by
design permits customers to receive services, obtain goods or be entertained while
remaining in their motor vehicles.
Dwellinf. A building designed or used exclusively as living
quarters for one or more families.
Dwelling. multivle family. A building used or designed as a
residence for or occupied by three 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.
Dwellinf. owner or manafer avartment. An apartment within a
building that is designed to be used exclusively as the living quarters for the
owner or manager family of that building or a commercial business located in the
building.
Dwellinf. single family. attached. A building containing two or
more dwelling units, each of which has primary groundfloor access to the outside
and which are attached to each other by party walls without openings. Also
commonly called townhouse, row house, and zero-lot.
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Dwelling. sin~le family. detached. A building designed and/or used
exclusively for occupancy of one family and entirely surrounded by open space on
the same lot.
Dwellin~. two-family or dUDlex. A building containing two single-
family dwelling units totally separated from each other by an unpierced wall
extending from ground to roof or unpierced ceiling and floor extending from
exterior wall to exterior wall, except for a common stairwell exterior to both
dwelling units.
Dwellin~ unit. A building or separate portion thereof containing
kitchen, living, sleeping accommodations and at least one bathroom and designed
to be occupied exclusively as a residence by one family.
Farm animal. Any cow, horse, mule, goat, sheep, swine, rabbit,
chicken or other similar animal commonly kept as livestock.
Flea market. An occasional or periodic sales activity held within
a building or open area where groups of individual sellers offer goods, new and
used, for sale to the public, not to include private garage sales.
Floor area. useable. That area used for or intended to be used for
the sale of merchandise or services or as leasable office space as measured from
the interior surfaces of the walls enclosing that part of the building. Suchjloor
area which is used or intended to be used for the storage or processing of
merchandise, hallway or for utilities or sanitary facilities is excluded from this
computation of useable jloor area.
Fractions. In the determination of density, required parking spaces
or other requirements of this code, computations resulting in afractional number
of 0.50 or above shall be considered the next largest whole number.
Gara~e. Drivate. An accessory building or portion of a main
building designed or used solely for storage of motor vehicles, boats and similar
vehicles owned by the occupants of the building to which it is accessory.
Greenhouse. commercial. A light-permeating structure used for
cultivating and growing plants in a controlled temperature and humidity
environment where such plants are offered for sale either on the premises or at
another location.
GrOUD care home. A dwelling shared by no more than five
disabled persons, plus resident stajJ, who live together as a single housekeeping
unit and in a long-term, family-like environment in which staff persons provide
care, education and participation in community activities for the residents with
the primary goal of enabling residents to live as independently as possible in
order to reach their maximum potential. The term "group care home" shall not
include alcoholism or drug treatment center, work release facilities for convicts
or ex-convicts, or other housing facilities serving as an alternative to incarcera-
tion.
Guest house. An accessory building occupied on a temporary basis
solely by non-paying guests.
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Guide service. Any premises used for collecting or returning
persons from recreation trips when remuneration is provided for the service.
Halfway house. A licensed home for inmates on release from more
restrictive custodial corifinement, or initially placed in lieu of more restrictive
custodial corifinement, wherein supervision, rehabilitation and counseling are
provided to mainstream residents back into society, enabling them to live
independently. Such placement is pursuant to the authority of the Alaska Depan-
ment of Corrections.
Health club. Includes, but is not limited to, gymnasiums (except
public), private clubs (athletic, health or recreational), reducing salons and
weight control establishments.
Historic district. An area containing buildings or places in which
historic events occurred or having special public value because of notable
architectural or other features relating to the cultural or artistic heritage of the
community of such significance as to warrant conservation and preservation.
Home occupation. Any use customarily conducted entirely within
a dwelling, or its accessory building, and carried on by the occupants thereof,
which is clearly incidental and secondary to the use of the dwelling for dwelling
purposes and does not change the character thereof, and in connection with which
there is no exterior sign, no display or stock in trade, no outside storage of
materials or equipment, no commodity sold upon the premises and not more than
two persons are engaged in such occupation.
Home vrofessional office. A home occupation consisting of the
office of a practitioner of a recognized profession.
Hostel. A building, or portion thereof, in which temporary or
overnight lodging is provided for hikers, cyclists or other travelers not generally
traveling by car.
Hotel. A facility offering transient lodging accommodations to the
general public on a daily rate where access to all sleeping rooms is through a
main entrance and which may provide food, entenainment, meeting rooms,
recreational facilities or various personal services. Includes lodges and inns.
lJJlJJs.. Dismantled or wrecked automobiles, aircraft, motor vehicles
or machinery, mobile homes, trailers, used appliances or furniture, scrap building
materials, metals, rubber, paper, plastic or other scrap materials.
Kennel. Any enclosure, shelter, area or establishment usedfor the
purpose of breeding, buying, selling, keeping or boardingfour or more dogs over
the age offour months, whether for profit, pleasure, or as pets, by any person,
individual, corporation, group of people or business entity.
1. Commercial. The buying, selling, training, keeping or boarding
of dogs for profit.
2. Do~ musher's. The breeding, buying, selling or keeping of
dogs for the purpose of dog mushing.
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3. Fancier. The keeping of show, trick, hunting, working or pet
dogs for hobby or pleasure.
Livestock. Animals whose proper care and feeding require
detached structures, including pens, fencing, sheds and troughs. Livestock does
not include dogs and cats.
Loadinf SDace. A space located on premises for pickup and
delivery at the premises. Required off-street loading space shall not be included
as an off-street parking space.
LodCing. A structure or portion or a structure which is rented or
offered for rent for a term of less than thirty days for a dwelling, lodging or
sleeping purposes and includes bed and breakfast, hotels, inns, motels and other
similar businesses.
Lot. A parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage, and area and to provide such yards and
other open spaces as are herein required. Such lot shall have frontage or access
on a public street, or on an approved private street, and may consist of
1. a single lot of record;
2. a portion of a lot of record;
3. a combination of complete lots of record, or complete lots of
record and portions of lots of record, or portions of lots of record; or,
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. The total horizontal area within the lot lines of a lot,
exclusive of streets and alleys.
Lot. comer. A lot situated at the intersection of two or more
streets having an angle of intersection of not more than one hundred thirty-five
degrees.
Lot coverafe. The area of a site covered by building or roofed
areas, including covered porches, decb and accessory buildings, but excluding
allowed projecting eaves.
Lot deDth. The horizontal distance between the front and rear lot
lines measured on the longitudinal centerline.
Lot grouD in common ownership. 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, pannership or corporation.
Lot. interior. A lot other than a comer lot.
Lot line. front. In the case ofan interior lot, a line separating the
lot from the street. In the case of a comer lot, the owner may choose which
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-26
street he shall designate as the front of the lot. Once the choice of frontage has
been made, it cannot be changed unless all requirements for yard space are met.
Lot line. rear. A line opposite and most distant from the front lot
line and, in the case of irregular or triangular shaped lots, a line not less than
tenfeet in length within the lot, parallel to and at the maximum distance from the
front lot line.
Lot line. side. Lot boundary not afront lot line or a rear lot line.
Lot line. zero. The mean horizontal line whereby two adjacent
buildings from adjacent lots can be constructed with a common party wall
providing a proper fire wall rating. All other aspects are the same as in conven-
tional development.
Lot width. The average horizontal distance separating side lot lines
of a lot and at right angles to its depth.
Lumberyard. An establishment that sells sawn timber and other
building materials typically stored on the premises.
Manufacturing. heavy. A use engaged in the basic processing and
manufacturing of materials or products predominately from extracted or raw
materials; or a use engaged in storage of, or manufacturing processes using
flammable or explosive materials; or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
Manufacturing. li~ht. A use engaged in the manufacture,
predominantly from previously prepared material, of finished products or pans,
including processing, fabrication, assembly, treatment, packaging, incidental
storage, sales, and distribution of such products, but excluding basic industrial
processing.
Marina. A facility for storing, servicing, fueling, berthing and
securing and launching of boats that may include the sale of fuel and incidental
supplies for the boat owners and guests. Also includes harbor.
Mobile Home. A factory-built home designed to be used as a year-
round residential dwelling and originally designed and mounted on wheels and/or
axle supports for transportation by another vehicle.
Mobile Home Park. A parcel or adjacent parcels of land in the
same ownership upon which two or more mobile homes are located or for which
space is leased or held out for lease or use on a month-to-month or longer basis.
This does not include sale lots on which unoccupied mobile homes are parked for
inspection and sales and shall not be construed to mean tourist facilities for
parking of travel trailers, motor homes or campers.
Modular home. A factory-built residential structure that is
transportable in one or more sections, is built on a permanent chassis, and is
used as a place of human habitation, but which is not constructed with a
permanent hitch or other device allowing transport of the unit other than for the
purpose of delivery to a permanent site, and which does not have wheels or axles
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-26
permanently attached to its body or frame. Includes factory built and manufac-
tured home.
Motel. A building or group of detached or connected buildings
offering sleeping accommodations to the general public on a daily rate and
designed primarily for the motoring public with parking conveniently located on
the premises. Includes designations such as motor lodges, auto courts or tourist
courts.
Non-conforming building. Any building or portion thereof lmvfully
existing at the effective date of the ordinance affecting it and which does not
conform to all of the use, height and density regulations of the zone in which it
is located.
Non-conforming use. A use which lmvfully occupied a building or
land at the effective date of the ordinance affecting it that does not conform to the
use provisions of the zoning district in which it is located.
Noxious use. A use which is injurious or hamiful to health, highly
disagreeable or offensive.
Office. A building or portion of a building wherein services are
performed involving predominantly administrative, professional or clerical
operations, i. e., travel, insurance or employment agencies; utility, public service
or government agencies.
Owner. Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity having sufficient proprietary interest
in the land, including the attorney or agent thereof.
Park. Any public land available for recreational, educational,
cultural or aesthetic use.
Parking area. A structure or an open area, other than a street,
alley or other right-of-way, on which vehicle parking spaces are defined,
designated or otherwise identified and available, whether free or for compensa-
tion, for use by the public, clients, tenants, customers, employees or owners of
the property for which the parking area is required by ordinance.
Parking requirements as stated in terms Q.f emvloyees. The
maximum number of employees who will be at the site at one time on either a
single shift or an overkzp of shifts.
Parking svace. Q.fJ-street. Except for a commercial garage facility,
a designated unenclosed area sufficient in size to accommodate one motor vehicle,
exclusive of maneuvering room, designed with adequate independent access to,
but located off any street, alley or other right of way.
Peddler. A person who, with no fixed pkzce of business, goes from
house to house, place to place, or from store to store transporting goods, wares
or merchandise for sale or offering or exposing the same for sale or making sales
and delivering articles to purchasers. (See transient merchant and vending,
street)
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ORDINANCE NO. 94-26
Planned unit development. A land development under unified
control that is planned and constructed in its entirety as a single development
operation or in a series of programmed stages. The development may include
streets, circulation ways, utilities, residences, commercial buildings, open spaces
and other site features and improvements some of which may not otherwise be
individually permitted.
PrQfession. An occupation or calling requiring the practice of a
learned art through specialized knowledge, training, experience or a degree
issued by an institute of higher learning, e.g., doctor of medicine, lawyer,
engineer or real estate broker.
PrQfessional Qfjice. The office of a member of a recognized
profession maintained for the conduct of that profession.
Recreational. indoor commercial. A facility accommodating such
indoor recreation activities as skating rinks, bowling lanes or shooting/archery
ranges.
Recreational. outdoor Dublic. Outdoor recreation facilities such
as sports fields, ice rinks, playing fields or miniature golf.
Recreational Vehicle. A vehicle used or intended to be used as
transient living or sleeping quarters for humans and which may be driven, towed
or propelled from one location to another without change in structure or design,
whether or not the same is supported by wheels or identified by a model, serial
or vehicle registration number. Includes travel trailers, camping trailers, tent
campers, trailer coaches, motor homes, truck campers and similar vehicles.
Recreational Vehicle fRV) Park. Any parcel of land upon which
two or more recreational vehicle sites are located, established, or maintained for
commercial occupancy by recreational vehicles of the general public as temporary
living quarters for recreation or vacation purposes. Includes trailer park and
camper park.
Recyclin~ collection point. An incidental use serving as a
neighborhood drop-offpointfor temporary storage of recoverable resources. No
processing of such items would be allowed. This facility would generally be
located in a shopping center parking lot or in other public/quasi-public areas
such as churches and schools, as opposed to being allowed on residential or
vacant lots.
Recyclin~ center. A building in which used material is separated
and processed prior to shipment to others who will use those materials to
manufacture new products.
ReDair service. lwuselwld/a,ppliance. A business establishment
where repairs are made to appliances and furniture.
Resource extraction. Commercial or industrial operations involving
the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel,
rock, gas, oil or any operations having similar characteristics. Said use includes
the use of heavy equipment such as loaders, dozers, backhoes and crushers.
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Restaurant. An establishment whose principal business is the sale
of food and/or beverages to customers in a ready-to-consume state and whose
principal method of operation includes one or both of the following characteris-
tics:
1. customers, normally provided with an individual menu, are
served their foods and beverages by a restaurant employee at the same table or
counter at which the food and beverages are consumed; and/or
2. a cafeteria-type operation where food and beverages
generally are consumed within the restaurant building.
Restaurant. fast-food. An establishment whose principal business
is the sale of quickly prepared ready to eat food and/or beverages for consump-
tion within the restaurant building, within a motor vehicle parked on the
premises, or off the premises as carry-out orders, and whose principal method of
operation includes the following characteristics: orders are generally taken at a
main counter or drive-up window, andfood and/or beverages are usually served
in disposable wrapping or containers. This includes drive-in and carry-out
restaurants.
Salva~e yard (auto wreckin~. scraD. iunJd. Any area usedfor the
storage, keeping or abandonment of junk or waste material, including scrap metal
or other scrap materials, or for the dismantling, demolition or abandonment of
automobiles, machinery, other vehicles or pans thereof.
School. Any public, religious or non-profit facility providing a
general curriculum of academic or vocational instruction serving any or all
grades between kinderganen and twelfth grade.
School. commercial. A facility providing commercial instruction
in such activities as music, dance, ans, crafts and sailing.
School. adult vocational. Afacility providing a general curriculum
of adult academic or vocational instruction.
Setback. The required minimum distance from a right- of-way or
lot line that establishes the area within which only fencing, landscaping,
driveways, parking and similar uses are permitted. Any structure including, but
not limited to, decks, stairways, porches, or other attachments to a building are
specifically prohibited in the setback. Building eaves are permitted to extend into
the setback a maximum of three feet.
Shoppinf! center. A single complex which provides a combination
of retail establishments designed in such a manner as to provide convenience for
shoppers with common parking facilities. Includes mall.
Solid waste facility. A disposal site employing an engineering
method for disposing of solid wastes in a manner that minimizes environmental
hazards. Includes landfill, compactor, transfer, etc.
Storaf!e. container. An accessory storage use consisting of
containers such as semi-tractor vans, shipping containers, and conex containers
originally designed to transpon goods and materials via highway, rail, air or sea,
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which are parked or placed on a parcel of land and used for covered storage
provided that all wheel assemblies have been removed; the unit is placed on
non-rot susceptible blocking or foundation; the unit is roofed, skined or sided to
match the primary building on the property; and the unit is located outside any
setbacks. Railroad box cars are excluded except in the Industrial Zone. There
are no "grandfathered" uses. (See accessory use/building, building, and
structure.
Stora~e. outdoor. The commercial keeping, in an unroofed area
and usually enclosed by afence, of any goods, junk, material, merchandise, or
vehicles in the same place for an extended period of time. In the harbor
commercial area, the use is limited to the storage of boats only.
Storage. self service. A building or group of buildings consisting
of individual, small, self-contained units that are leased or owned for storage of
business and household goods or contractors supplies. Includes mini warehouses.
Storage. Warehouse and distribution. A building used primarily
for the storage and distribution of goods, products, materials, supplies, and
equipment, but excluding bulk storage of materials that are flammable or
explosive or that create hazardous or commonly recognized offensive conditions.
Street. A dedicated public way which affords the principal means
of access to abutting property, such as an avenue, place, drive, boulevard,
highway or other similar public thoroughfare, except an alley defined herein.
Structure. 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 three
feet in height, and similar improvements of a minor character are excluded.
Transient merchant. Any person, pannership,firm or corporation,
whether a resident of the city or not, who engages in a temporary business of
selling and delivering goods and/or services, wares and merchandise within the
city and not located within a permanent building. As used in this definition,
"temporary" means for a period less than 120 days. Includes itinerants, vendors
and farm stands. See peddler.
Utility. oublic facility. An installation owned by an agency under
public franchise or ownership, or under certificate of convenience and necessity,
providing the public with electricity, gas, heat, steam, communication, water,
sewage collection or other similar service.
Vending. mobile unit. Any type of vehicle or wagon which is
designed to be readily movable andfrom which any food or beverage is prepared
for immediate consumption and sold or offered for sale to the public at any
location, whether on private or public property.
Vending. street. The sale offood or merchandise from a can, stall
or vehicle located in any public right-of-way.
Veterinary hosoital. A facility, which may include animal "runs",
in which veterinary services are rendered to animals and domestic pets and which
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-26
may include clipping, bathing, boarding and other services. Includes veterinary
clinic.
Watchman or caretaker dwellinf. An accessory dwelling associated
with a commercial or industrial building or structure for the purpose of housing
a watchman or caretaker and immediate family.
Water-devendent. A use or activity which can be carried out only
on, in, or adjacent to water areas because the use requires access to the water
body for water-borne transponation, recreation, energy, production, or source
of water.
Water-related. Uses which are not directly dependent upon access
to a water body, but which provide goods or services that are directly associated
with water-dependent land or waterway use and which, if not located adjacent to
water, would result in a public loss of the quality of goods or services offered.
Yard. A required open space on the same lot with a main building,
unoccupied or unobstructed from the ground upward, except as otherwise
provided in this chapter.
Yard. front. The area extending across the full width of a lot,
measured between thefront 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. 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. 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 pan of the main building.
Zero-lot line. The location of a building on a lot in such a manner
that one or more of the building's sides rests directly on a lot line.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
27th day of June, 1994.
THE CITY OF SEWARD, ALASKA
~00~
Dave W. Crane
Mayor
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-26
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski
None
None
None
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
~;(~
City Attorney
(City Seal)
Page 15