HomeMy WebLinkAboutOrd1995-007
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Sponsored by: Planning Commission
Introduction Date: Mav 8, 1995
Public Hearing Date: May 22, 1995
CITY OF SEWARD, ALASKA
ORDINANCE NO. 95-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE
CHAPTER 15.10, SEWARD ZONING CODE, REGARDING LODGING
WHEREAS, in response to the community's burgeoning visitor industry, the
number of lodging businesses including bed and breakfast and overnight room,
apartment and house rentals is rapidly increasing; and
WHEREAS, the current zoning code limits the operation of a bed and breakfast
business to an "owner-occupant" and requires a life safety inspection permit while other
lodging uses have been generally ignored; and
WHEREAS, the Seward 2010 Comprehensive Plan Update stresses that the City's
primary concerns, relative to any modifications to the zoning ordinance which would
encourage a greater number of bed and breakfast accommodations, are to ensure that
facilities are operated in conformance with local life safety codes and that the facilities do
not adversely impact adjacent uses, particularly single-family residential; and
WHEREAS, there is a need to revise the zoning code to address these changes and
the Comprehensive Plan; and
WHEREAS, it is expressly intended by this ordinance that the occupant of a
residence within residential districts operate a lodging enterprise for his own benefit, not
the benefit of the owner of the residence, if different from the operator; and
WHEREAS, the Planning and Zoning Commission has approved P & Z Resolution
No. 95-08, recommending the code amendments included in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code Section 15.1O.215B.1.d. is hereby amended to read
as follows;
15.10.215 Parking
B. For each principal building or use within a principal building, there
shall be no less than the number of off-street parking spaces specified under this
section:
CITY OF SEWARD, ALASKA
ORDINANCE NO. 95-07
Land Use
Minimum Number of Parking
Spaces Required
1. Dwelling and lodges
d. Lodging, rooming and
boarding houses;
1 space per guest room plus spaces
for the principal dwelling unit
Section 2. Seward City Code Section 15.1O.140.B is hereby amended by changing
the definition of "lodging" and adding a definition for "residence" to read as follows:
Lodging. The renting out of a dwelling, or portion thereof, to provide
overnight sleeping accommodations for a period of less than 30 consecutive days.
The use includes the providing of meals to overnight guests only. This use
includes bed and breakfast, but does not include motel, hotel or hostel.
Residence. A home, abode, or place where an individual is actually living
at a specific point in time.
Section 3. Seward City Code Section 15.1O.225.B is hereby repealed and reenacted
to read as follows:
15.10.225 Land Uses Allowed.
B. Lodging as defined in 915.10.140.B is allowed in accordance with
Table 15.10.225 of this chapter and subject to the following conditions:
1. Regardless of the date such use began, an annual adminis-
trative pennit is required. Prior to issuing the pennit, the city shall conduct an
annual life safety inspection of each guest room to assure compliance with the
current Unifonn Building Code door/window egress standards, the presence of an
operable and inspected fire extinguisher and adequate smoke detection systems, a
posted evacuation plan, and visible signs showing exit locations.
2. Parking will be provided in accordance with 915.10.215 of
this chapter.
3. No cooking or cooking facilities are pennitted in individual
guest bedrooms.
4. Within single and two-family residential districts, lodging
is limited to a home occupation within an owner-occupied dwelling which is the
owner's principal place of residence and to the rental of not more than 50% of the
bedrooms to a maximum of five.
5. In all other residential districts, lodging within single family
residences and duplexes is limited to a home occupation within the business owner's
principal place of residence and to the rental of not more than 50% of the bedrooms
to a maximum of five.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 95-07
6. Within commercial districts, lodging is limited to the rental
of not more than five guest bedrooms regardless of building or business ownership.
7. Multi-family dwellings used for lodging purposes are not
required to be the business or property owner's residence. The use shall be limited
to not more than five apartment units.
8. The rental of individual rooms for lodging purposes is not
extended to apartment unit tenants.
9. Regardless of business name, the use of more than five guest
bedrooms or apartments as lodging is considered a motel or hotel for building and
other code interpretation purposes.
Section 4. Seward City Code Table 15.10.225 is hereby amended by modifying the
following use designations and limitations:
Use
Zoning Districts
Rooming or boarding house
R3, OR and AC - by Administrative Penn it;
UR - by Conditional Use Pennit
Hotel, motel, inn, lodge
AC - by Outright Use; CB and HC - by
Conditional Use Pennit
House rental on a nightly basis
R3, UR, OR, AC and CB - by Administra-
tive Pennit
Lodging (B&B, rooms, duplex
and accessory apartment)
RR, Rl, R2, R3, and UR - Home occupation
by Administrative Pennit; OR, AC and CB - by
Administrative Permit
Lodging, Multi family dwelling
apartment
R2, R3, UR, OR, AC and CB
by Administrative Pennit
Hostel
R3, OR, Ae and CB - by Administrative
Permit
Section 5. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
22nd day of May, 1995.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 95-07
THE CITY OF SEWARD, ALASKA
~~ uQ 0~
Dave W. Crane
Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski
None
None
None
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
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Linda S. Murphy, CMC/AAE
City Clerk
~f~
City Attorney
(City Seal)
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