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HomeMy WebLinkAboutOrd1964-338 CITY OF SEWABD Seward. Alaska ORDINANCE NO. 338 AN ORDINANCE AMENDING SBC'lIONS 9.100, 9.101, 9.102, 9.103. 9.104 AND 9.105 OJ!' 'lHB C<J)E OJ!' otmlNANCBS OF nm. em OF SBWAB>> DEALING WI'l'H 'll\A1LER eoURts, BY AMENDl1.\G SECTIONS 9.100, 9.101, 9.102, 9.103. 9.104 AND 9.105 IN TO'l'O.. THE CITY OJ!' SBWABD OIlDAINS: That Sections 9.100, 9.101. 9.102, 9.103, 9..104 and 9.105 of the Code of Ordinances of the City of Seward be amended to read 8. follows: TBAILBR COURTS Section 9.100 Deftn1tions For the purpose of this ordinance certain tertllP or words used herein shall be interpreted or defined as follows: 'lhe term · shall II is always mandatory. 'lbe word "used II 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." ALLEY. A permanent service right-of-way providing a secondary lIleans of aeeess to abutting properties. AL'lBBA1'ZONS. Any chlulge, addition. or modification in construction or occupancy; or the moving from one location or position to another. BUILDINGS. Any structure built for the support, shelter. or enqlosure of persons. animals. chattels. or property of any kind, but not including a lean-to. llU1U>Im. EXISTING. A building legally erected prior to the adoptj.on of this ordinance, or one for which a legal building permit has been issued. BUl1DING. SERVICE. A building housing toilet and/or washing fac1.'lities. BUILDING OFFICIAL. 'J:he administrative official charged with the admin- istration and enforce1lleDt of tMs ordinance, or his regularly authorizod deputy. COUR'l. Any plot of ground used for the parking of five (5) or more vehicles or trailers which are designed or used for sleeping or living qusrters. The term "court" includes tourist court. trailer park. or trai1er court meeting the requirements of the zoning use district. 'lhe term "cou.(t" does not include tourist facilities for camper type trailers. RECBEA'lION AREA. A recreation area is aD area set aside by the trailer: court owner for children's play area within the trailer court. DWELLING, SINGLE-FAMILY. Constitutes one dwelling unit designed for or occupied exclusively by one f8m11y. FAMILY. One or more persons occupying the premises and living as a single housekeeping unit. as distinguished from a group occupying a rooadng house, club, fraternity or hotel. BEAL'lB OFFICER. 'lbe legally designated health authority or his authorized representative. HOME OCCUPAtION. A profession or use customarilY' conducted entirely within a dwelling by the pe~t inhabitants thereof only, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character or appearance thereof. r LEAN-TO. An accessory structure attached and appurtenant to a trailer. LOT. A portion or parcel of land considered as a unit, vacant or de- voted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. Lot includes the word ''plot'' or ''parcel''. LOT, DEptH OF. A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines. LOT LINES. The property lines bounding the lot. NONCQHFORMlNG USE. A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated. OFF-STREET PARKING. Parking space for motor vehicles which does not include a dedicated street or alley. SPACE, TRAILBR COACH. A portion or parcel of land set up and designated for the use of a single trailer. TRAILER COACH. Any vehicle designed or used for sleeping or living quarters, and propelled either by its own power or by any other power-driven vehicle to which it may be attached. For brevity, a trailer coach may be referred to as a "trailer". TRAIUm COACH, DEPENDENT. A trailer coach which does not have a flush toilet and s bath or shower. TRAILER COACH, INDEPENDENT. A trailer coach ,~hich has a flush toilet and a bath or shower. An indepandent trailer shall be considered a depen- dent trailer if either water or sewer service is not available for its use or is not connected. Section 9.101 License - R8Cluired: comoliance with section: time allowed: a'Q'Qrova1. (a) It shall be unlawful for any person to maintain or operate any trailer court within the City limits unless such person shall have first obtained a license therefor. All license requirements shall be met prior to the issuance of a license for a new trailer court. (b) All trailer courts in existence in any area annexed to the City in the future shall within ninety (90) days subsequent to such annexa- tion obtain a City license. (c) Licenses issued ~r this section shall not be transferred or assigned. (d) The City Building Official shall approve the sewer, water apd sanitary facilities required herein. 'rhe license shall be issued by the City Clerk. Section 9.102 Same - Fees There shall be an annual license fee for each trailer court of twenty- five dollars ($25.00) per year or for any part thereof. All licenses issued under this ordinance shall expire on the thirty-first day of December of each year. Section 9.103 Same - Awlieation: contents: denial: a'P'Qesl. An application for a trailer court license shall be filed with the City Clerk and shall be signed by the applicant. Such application shall contain the following~ (a) 'rhe name and address of the trailer court; (b) The name and address of the applicant, indicating wbetheT <Wn~1:' or operator; -')- (c) The name and address of the owner. if different from the applicant; (d) In the case of a court not previously licensed by the City. one complete dimensional plot plan of the court on reproduction paper at a scale of 1 inch to 20 feet showing: (1) Trailer spaces and their numbering; (2) Streets. walkways. parking areas. and buildings; (3) ~later and sewer lines. wells, and cesspools or septic tan1~s; (4) How the complete court and utilities will be arranged to meet the requirements of Sections 9.111. 9.112 and 9.113 of this Code. (5) Location of the manager's or operator's office or trailer. or residence. (e) Such fUTtheT information as may be requested by the City Clerk to enable him to determine if the proposed or existing court will comply with legal requirements. Section 9.104 Same - Action on a~plication. (a) New COUTtS. and ehanfte of owner cases. The City Building Official. Health Officer and Fire Chief shall investigate the applicant and in- spect the plans and specifications for conformity with the requirements of their depat:tments. and submit their findings to the City Clerk. The applicant shall be provided by the inspector with a brief statement of any deficiency or violation found which results in the inspector's t:eco1llllendation for denial of license. A copy of this statement shalL be given to the City Clerk. J:f all findings are favorable. the Clerk shall issue the license. otherwise the application shall be referred to the City Manager for a decision. and he shall either authorize its issuance or deny it. The applicant shall be notified of denial by certified mail. l-1ithin thirty (30) days of mailing the notice as provided in this subsection. the applicant may appeal the decision of the City Manager. to the City Council. and the City Council may either affirm or reverse the decision of the City Manager. (b) Annual t:enewals. At the beginning of the calendar year the City Clerk's office shall issue a provisional license to each court that was licensed on the previous December 31st, except COUTts that have indicated no desit:e for renewal of license. The provisional license talces effect upon payment of the annual liceuse fee to the City Clerk which is due on January 1; this license is subject to revocation if the fee is not paid within fifteen (15) daY'S of the due date. Upon a finding during annual inspection for t:enewal that a cout:t does not meet the requirements of this Code. the inspector or department con- cerned will provide the owner with a statement of tbe deficiency, and will recommend to the City Managet: that the provisional license be t:evoked. The notification and appeal procedures outlined in <a) above will apply in this instance also. Each COUTt that passes all annual inspections fOl: license renewal will be advised by mail that its license status has been changed from provisional to t:egular. Section 9.105 Same- Suspension: bear1.na: refund. Any license issued under this ordinance may be suspended by the City Manager for cause. The licensee shall have the t:ight to a hearing 1>efoTe tbe City Council on any such action of the City Manager, provided a written request therefor is filed with the City Clel:k lri.thin five (5) days after l:eceipt of notice of such suspeuaion. the Council shall confirm such sus- pension or shall revoke or reinstate any such license. Upon suspension or revocation of any license, the fee therefor shall not be refunded. Section 9.106 Same - Postitl2: toaetber with cOpy of this ordinanc!.L The license and a copy of this ordinance shall be conspicuous~ ~)()sted in the office or on the premises of the trailer court at all times. -3- r Section 9.107 Requirements; facilities; specifications. The trailer court shall conform to the following requirements: (a) The court shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water. (b) Trailer coach spaces shall be provided as follows: Trailer courts shall have a coach apace of two and one-half (2\) times. the square foot floor area of the coach or larger but no coach space shall be less than two thousand five hundred (2500) square feet. Trailers shall be so harbored on each space that there shall be at least five (5) feet clearance between the trailer space lot line and any trailer body, or lean-to attached thereto. or fuel container serving the trailer. No trailer coach body or lean-to or fuel con- tainer shall be located closer than ten (10) feet from any building within the court or five (5) feet from any property line bounding the court except no coach, lean-to or fuel container shall be closer than ten (10) feet to a propl'\rty line abutting a dedicated right-of-wa;y. The distance between any bu:l.lding within the court and the court property line shall be in accordance with the zoning restrictions of the particular use district in which the court is located. (c) All trailer coach spaces shall abut upon a drivewa;y not less than twenty (20) feet in width (excluding parking) which shall have unob- structed access to a public street, alley, or highway. All driveways shall have a stabilized surface, be well marked in the daylight and be lighted at night in such manner that illumination is furnished equivalent to that provided on residential streets having medium density traffic (6/10 foot candles on the center of the driveway). (d) Walkways not less than two (2) feet wide shall be provided from the trailer coach spaces to the seTvice buildings. The walkways shall have a stabilized surface. be well marked in the daytime and be lighted at night by illumination from the driveway lights. (e) Trailer courts having any dependent trailers shall provide service buildings to house toilet facilities, bathing facilities. and other sanitary facilities as hereinafter more particularly described. A service building will be located not farther than two hundred (200) feet from any dependent trailer. (f) For each new electrical seTvice to a trailer space there shall be provided a 3-wire. 120-240 volt, 60-emp minimum seTvice line. One 50-amp. 4-wire plug shall be installed for each single seTvice. Poles supporting meters and power lines shall be kept in a safe and upright condition. (g) All new construction within an existing court shall conform to all pertinent ordinances of the City. (h) In every new court constructed or established within the City. the plot plan shall conform to the minimum dimensions shown on the diagram attached to, and made a part of. this ordinance, and marked as Exhib1t 1. (1) There shall be provided 1n each court private motor vehicle parking spaces equal in number to the number of coach spaces in the court. (j) The owner shall provicle a marker for each coach which shall identify the court and the number of the space to which the coach is assigned. (k) The owner shall provide a recreational area cons1sting of a minimum of twenty-five hUDdreci (2500) square feet for the first five (5) trailer spaces. and an additional twenty-five hUDdred (2500) square feet for each additional ten (10) trailer spaces or portion thereof. ...t.- r I I I i , i i I Section 9.108 Locations. (a) New trailer courts may be located only in the following districts: R..3, C-N and C-L, and then only by exception granted by the Planning Commission after public hearing. Each boundary of the court must be at least seventy-five (75) feet from any permanent resic1ential build.. ing located outside the court, unless separated therefrom by a barrier such as a right-of-way, or a fence or wall at least thirty-six (36) inches in height. Section 9.109 Same.. Outside CQurts: atoraae. (a) No trailer coaches used for sleeping, living, or business pur.. poses shall be permitted to be occupied outside a licensed trailer court except that: (1) In a trailer coach or IIIObile homes sale. lot, one coach may be used as an office for trailer sales business only, and (2) On a construction project, a coach I1I8Y' be used for temporary living anc1/or work space at the project site for a period of ninety (90) days upon approval of the Building Official by a J. _ letter application for this use submitted by the owner or manager of the project, site, or property. (b) No trailer coach, other than an uninhabited 2..wheel trailer not to exceed tweuty (20) feet in length, may be stored on a private lot in an R"l. R..2 or R-3 district. Section 9.110 Enforcement and Penalties. (a) This ordinance governing Trailer Courts shall be enforced by the City Building Official, Health Officer, Police Chief and Fire Chief. (b) It shall be the duty of the Builc1ing Official to enforce the provisions of this ordinance pertain1Qg to erection, construction, reconstruction, moving, conversion or alteration of buildings, or to the occupanc;y of land or any building or structure or anY' addition thereto. It shall be the duty of the City Clerk to enforce the pro- visions of this ordinsnce pertaining to the use of land or building for which any license is required by any other orc1inance of the City. (c) Whenever a violation occurs, any person DBY file a coqJlaint in 1tegard thereto. All such complaints shall be brought to the atten.. tion of the Building Official, who shall properly record such complaint and 1IlIaediately investigate and report thereon. (d) For any and every violation of the provisions of this orc1inance the owner. agent, or contractor of a building or premise where such violations have been coum:l.tted or shall exist; the owner, agent, or contractor, lessee or tenant of any part of a builc1ing or premises in which such violation has been committed or shall exist; anc1 the agent, contractor or any other person who commits, takes part or assists in such violations or who maintains anY' building or premises in which aD}' violation shall exist, shall be guilty of a mUdemeanor and upon conviction thereof shall be fined not more than one hundred dollars or imprisoned in the city jail not to exceed thirty (30) days, or both such fine or impr1aomaent. Each and every day that such violation continued shall be deemed a separate anc1 distinct violation. <e) Any building or structure set up, erected, built. moved or DBin- ta1ned or any use of property contrary to the provisions of this ordinance shall be and the same is hereby declared to be unlawful anc1 a public nuisance anc1 the City KaDes8Z' shall, upon order of the City Council. immediately coamence action or actions, proceeding or proceedings, for the abatement, removal, anc1 enjoiDment thereof, in the manner provided by law, and shall take such other steps anc1 shall apply to such court or courts as may have jurisc1iction to grant such relief as will abate or remove such building, structure or use and restrain anc1 enjoin aD}' person from setting UP. erecting. moving or -5- ~ or maintaining any such building or structure, and using any property contrary to the provisions of this ordinance. (f) All remedies provided for herein shall be cumulative and not exclusive.. (8) The issuance or granting of a building permit or approval of plans or specifications under the authority of the Bullding Code shall not be deemed or construed to be a permit for or an approval of any viola- tion of any of the provisions of this ordinance or any amendment thereto. No permit presuming to give authority to vio1at! or cancel any of the provisions of this ordinance shall be valid except insofar as the work or use wh:tch is authorized is lawful and permitted. Sect:ton 9.111 Sanitation fadUties. (a) Each court containing one or more dependent trailers shall be pro- vided w:tth to:tlets, baths or showers, slop sinks, and other sanitation facilities which shall conform to the following requirements: (1) The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by opaque soundproof wall, or by an inter- vening distance end/or structural or service feature that provides equal soundproofing an4 obscuring effect. (2) In courts accollllllOdating dependent coaches, basic court fadlities shall consist of not less than one flush to:tlet, one shower or bathtub, and one la_tory for each sex. These items are to serve up to the first eight (8) coaches. Toilet and lava- tory facilities shall be provided for each sex at the rate of one set for every addit:tonal eight (8) coaches or fract:tonal number thereof. Bathtub (or shower) facilities shall be provided for each sex at the rate of one for every ten (10) additional dependent coaches. (3) Each tollet, and each shower or bathtub, shall be contained in a private compartment. (4) Every male toilet room shall contain also at least one urinal, and sufficient urinals in total to provide a rat:to of one for each fifteen (15) dependent coaches served by the same service building. (5) Service buildings housing the toilet facilities shall be permanent structures complying w:tth all applicable ordinances and statutes regu1at:tng build:tngs. electrical installations. heating and plumbing, and sanitation systems, and shall be located not close than ten (10) feet from any trailer, nor farther than two hundred (200) feet from any dependent tra:tler coach. (6) The service buildings shall be well lighted at all times of the day and night i shall be well ventllated w:tth screened open- ings; shall be constructed of such moisture-proof material (which may include painted woodwork) as shall permit repeated cleaning and washing. The floors of the service buildings shall be concrete construction and shall contain floor drains. (7) All service buildings and the grounds of the court shall be maintained in a clean and sightl;y condition and kept free of any condition that w:tll menace the health, welfare and safety of any occupant or the public, or constitute a nuisance. (b) Tra:tler courts housing only independent trallers shall not be required to comply w:tth the foregoing provisions of section 9.111 (a), but should any such traller court elect to maintain a service building, said bu:tlding must comply with subparagraphs (3), (4), (5), (6) and (7). Section 9.112 Water supolY: wells: new lines. (a) An adequate supply of safe water for drinking and domestic purposes shall be supplied, w:tth sufficient storage at all times to carry the peak load. -6- ,_ ........' ....,.......,.. ",. ... _.__,_.."" __0'" "_.'.' "-....~_ .. (b) Wells may be utilized provided that City water is not readily available and 1s not practically aDd economically feasible to install, and provided that: (1) Tbe City or State Health Officer approved the construction, location, and sudace conditions of the well as a semi-public or public water supply. (2) The City or State Health Officer bas found that the water supply is safe. potable and sufficient, and has not thereafter found it to be otherwise. (c) New water distribution lines, fiXtures, shut-off boxes, etc., shall be in conformance with applicable ordinances of the City. (d) All traUer courts using existing wells shall connect with the City water supply whenever it is established by health authorities that pollution or contamination exists and that private purifying equipment cannot correct the defic1ency. Section 9.113 SewaJle - Di8'00sal of BewaRe and water waste: connections. (a) Waste from showers, bath tubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings within the court shall be discharged into a public sewer system in compliance ,"71th applicable ordinances or into a private sewer and disposal plant or septic tank system of such construction and in such manner as will present no health hazard. Each new independent trailer coach space shall be provided with a sewer pipe at least three (3) inches in diameter which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the trailer coach harbored in such space and having any or all of such facilities. 'J:he sewer in each space shall be connected to discharge the trailer court waste into a public sewer system in compliance with applicable ordi- nances or into a private sewer and disposal plant or septic tank system of such construction and in such manner as will present no health hazard. (b) All trailer courts constructed within five hundred (500) feet of existing public sewer systems shall be connected to said system, in accordance with governing ordinances. Section 9.114 GarbeRS and refuse disl)oaal. All garbage and refuse shall be handled under the applicable ordinances of the City and regulations promulgated thereunder by the City Manager. Section 9.11.5 Lean-tos: cabanas: reRulations: permits. (a) No lean-to or cabana built or attached to any trailer after enact- ment of this ordinance shall have a floor space exceeding two hundred (200) square feet, nor shall it exceed the height of the trailer to which it is attached. No additional or separate structures shall be built or allowed on a trailer coach space. (b) Any lean-to shall have two exits except storm. porches. (c) All lean-tos shall be of an approved finished construction and if enclosed. sheetrock or other fire resistant material shall be used. (d) No lean-to shall be constructed within five (5) feet of the next adjacent trailer space line, and not UlOre than one lean-to shall be attached to one trailer. (e) 1:he construction of lean-toe and similar structures shall be accomplished only after obtaining a building permit from the City, and then only in accordance with the City's construction rules relating to temporary structures. (f) Storm. poreh&s ehall not exceed twenty-five (25) square feet in area. r Section 9.116 Pets; restrictions. No owner or person in charge of any dog. cat. or other pet animal sha~l permit it to enter the service buildings at any time. Section 9.117 Guest registration; information; available for inspection. It shall be the duty of the licensee to keep a register containing a record of all trailer coach owners and occupants located within the court. All licensees shall require all trailer coach owners to register. The register form shall provide for the following information to be recorded: (a) Name of each occupant registered by the head of the household in his own handwriting, showing each persou's permanent residence address if that is different from the current court 10cationi (b) The make, model, and year of all trailer coachesi (c) License number and name of owner of each trailer coachi (d) the state issuing such license, and year of issuei (e) The date of arrival and of departure of each trailer coachi (f) Whether or not each trailer coach is an independent or dependent trailer coach; (g) The space number to which the trailer is assigned. The court shall keep the register available for inspection, at all times, to 1alf enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed until one year follow- ing the permanent departure of the registered occupant. Section 9.118 Attendant: reQuired: duties: responsibility. The owner or operator (or an attendant or caretaker authorized to act on behalf of the owner or operator) shall be in charge of the premises at all times to keep the trailer court, its facilities and equipment. in a clean. orderly and sanitary condition, and he shall be answerable, with the licensee. for any violation of the provisions of this ordinance. In case of the absence of the owner or operator or other person in charge of the trailer court. provision shall be made for contacting such person in the event that law enforcement officers, or members of the Fire Department, or public health officials. or other officials need to contact the owner or other person in charge of the trailer court. Section 9.119 Fire prevention. <a) Every court shall be equipped with a 15-pound carbon dioxide or dry powder fire utinguisher in good working order, located in the dwelling or office of the person in charge of the court. No open fires shall be permitted at any place within the court. (b) To minimize the possibility of interference with escape in the face of fire, the licensee shall prohibit the parking of vehicles closer than five (5) feet from the door of any service building or trailer coach. (c) In each coach having its own heating and/or cooking appliauces. such appliances shall meet the requirements of the Fire Inspector as to their manner of ilaUll1ation. venting and fuel feed system. If nstural gas or propane gas is utilized as a fuel, all gas appliances. fittings and installation shall conform to the City gas code and fire code requirements. (d) Containers for fuel to be used by trailer occupants shall be connected to the stoves or heaters of the trailer by copper or other metallic tubing, approved by the Building Inspector. in a leakproof manner. The fuel oil containers shall be securely fastened in place, not less than five (5) feet from the coach exit. and fuel oil containers must be at least two (1) feet from the body of the coach or lean-to. _A_ Section 9.120 Use restrictions. All trailers shall be considered as one-family <i.welling units. Section 9.121 Compliance with laws and reaulations. In addition to complying with the provisions of this Code, the licensee shall comply with any epplicable provisions of other ordinances and regulations of the City of Seward and the pertinent statutes and regulations of the State of Alaska. Publication of this ordinance shall be Dl8de by posting a copy hereof on the City Hall Bulletin Boud for a period of ten (10) days following its passage and approval. First resding: September 21, 1964 Second reading: (f2~ S; /1" V =d:ED AND APPROVID by The Common COlmcll of Y0 day of (Q <-~./i. J , 1964. the City of Seward, this a~ a /Z~ pe ry R. Stocl~ton Mayor Attest: -!1~Zc~ 7- ZdtZL Beatrice E. Watts City Clerk -9- OBD1NANCE NO. 338 Exhibit 1 (a) Example of Spacing in a Court Having 2S00 sq~ ft. Spaces (Trailer "A" is about 40' long) 50 1 I I I I I S' i'.I/c'- I I I I 5 5 I ~, ;L I I I I ~l I - I 517 Lea~tb S''tI a/I - I I Fuel I I Cn\'l~A"n~.. I 5'/~_ 15'_/ I ' ~~~ I I : --~l I I 5 Court prop rty line \.\ S :J_ /. 10 I , I "A" I I I I ~ 5 '" Driveway IE"- 50'->1 ,,,- Driveway ~ 20'--,) Min. Service Bldg. ~ -1 tC See Zoning R ulations 1/' 20' Min. Driveway Excluding Parking -.It New Courts of Extensions 2% times area of coach of Existing Courts ---------------but not less than 2500 sq. ft. r I ORDINANCE NO. 338 Exhibit 1 (b) Example of Spacing in a Court Having 600 Diagonal Parking and Spaces of At Least 2500 sq. ft. .-- Court Property Line 't Court Dt'tveway 20' Min. 5 1 .J, L y \ \ \ t;.. . \ \ I .J/ \ \ \ \ \ \ \ \ \ \ \ \ \ Court \ \ Driveway \ 5 \ \ \ \ \ \ 10 \ \ / I 5 E- 20' -J Service Min. Bldg. Excluding Parking New Courts or Extensions 2% times area of coach of Existing Courts--------------------------but not less than 2500 sq. ft.