HomeMy WebLinkAboutOrd2011-004Sponsored by: Planniniz and Zoning Commission
Introduction Date: May 14, 2012
Public Hearing Date: May 29, 2012
Enactment Date: May 29, 2012
CITY OF SEWARD, ALASKA
ORDINANCE 2011-004
[REVISED]
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140
DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE
WISHES OF THE PUBLIC
WHEREAS, on August 22, 2011 the Council delayed the introduction of Ordinance
2011-004 until October 24, 2011; on October 24, 2011 the Council referred Ordinance 2011-004
back to the Planning and Zoning Commission for further review and public feedback; and
WHEREAS, on January 17, 2012 the City Council and the Planning and Zoning
Commission held a joint public work session to review and include several changes to the
proposed Title 15.10.140 Definitions update; all comments and review requests have been
included within this revised City Council Ordinance 2011-004; and
WHEREAS, the Planning and Zoning Commission held numerous public work sessions
on Title 15 updates, the 2/22/2011, 3/22/2011, 4/26/2011, 5/17/2011, 6/07/2011, 6/21/2011,
7/19/2011 and 1/17/12 specifically addressed 15.10.140 Definitions; and
WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns
and requests of the public and promote economic growth; and
WHEREAS, it is in the public interest to maintain a city code that reflects community
needs; and
WHEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed City Code amendments.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code is hereby amended to read as follows:
Title 15.10.140 is hereby amended as follows:
(Stfi1Eethfeughs = deletions and are bold, Underline = additions and are bold Italic)
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.
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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. Specific definitions. (parenthetical references are for cross reference only) In this
chapter, unless otherwise provided or the context otherwise requires:
1. Accessory building. A detached structure that:
a Is clearly incidental to and customarily found in connection with a
principal building or use;
b_ Is subordinate to and serves a principal building or use;
c Is subordinate in area, extent or purpose to the principal building or use
served;
d Contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or use served; and
e Is located on the same or adjacent lot under the same ownership 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 apartment: See dwelling, efficiency apartment)
2. Agriculture. Commercial farming, dairying, pasturage, horticulture,
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.
3. Airport. A place where aircraft can land and take off, usually equipped with
hangars, facilities for refueling and repair, various accommodations for passengers, and
business lease sites.
4. Alley. A dedicated public way which affords a secondary means of access to
abutting property and not intended for general traffic circulation.
5. Alteration. Any change, addition or modification in the construction, location
or use of a building.
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6. 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.
7. Antenna. A device used to transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbital based structures. Includes satellite dish.
(Apartment. See Dwelling)
8. 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.
9. Auto service station. A place used primarily for the retail dispensing of motor
fuels and/or installation of tires, batteries and other 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 breakfast. See Lodging)
(Boarding or rooming. See Lodging)
10. Brewpub. An establishment that is primarily an eating dace which includes
the brewing of beer as an accessory use.
11. Building. Any structure built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
12. Building area. A total area taken on a horizontal plane at the main grade level
of the principal building and all accessory building, exclusive of external steps.
13. Building, existing. A building erected prior to the adoption of this code or one
for which a legal building permit has been issued.
14 Building height. The vertical 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:
a The elevation of the highest adjoining sidewalk or ground surface within
a five-foot horizontal distance of the exterior wall of the building when
such a sidewalk or ground surface is not more than ten feet above the
lowest grade; or
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b An elevation ten feet higher than the lowest grade when the sidewalk or
ground surface 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.
IS. Building, principal 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
carports shall be considered to be part of the principal building.
(Bunkhouse. See Housing)
16. Business, general sales. A premises where the sale of goods or commodities
to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book,
gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle
rentals or variety stores.
17 Business, personal service. The conduct of business where personal assistance
is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
18. Campground. 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.
19. Campground, 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.
20. Child care, licensed center. In accordance with Alaska 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.
21. Child care, licensed home. In accordance with Alaska 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.
22. 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 interpretation. A standard single family
residence not remodeled for public meetings shall not be considered a church.
23. 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.
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24. Club, private. A building and related facilities 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.
25. Cluster subdivision. A development design technique that permits a redLIction
in lot area provided there is no increase in the number of lots 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 building apartment. See Dwelling)
26. Commercial use. An occupation, employment or enterprise that is carried on
for profit by the owner, lessee or licensee.
(Condominium. See Dwelling)
(Convalescent or nursing home. See Housing)
27. Convenience store. A small-scale neighborhood grocery establishment
offering for sale prepackaged 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. See Housing)
28. 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.
29. 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.
30. Dwelling. A building designed or used exclusively as living quarters for one
or more families.
a Apartment. 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").
b Apartment, owner or manager. An apartment within a building that is
designed to be used exclusively as the living quarters for the owner or
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ORDINANCE 2011-004
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manager family of that building or a commercial business located in the
building.
c 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.
d Commercial building apartment. An apartment located within a building
designed to accommodate a mix of residential and commercial uses.
g Efficiency apartment (also called accessory, mother-in-law, or studio).
A single separate dwelling unit consisting of not more than one habitable
room which includes combined kitchen, dining and sleeping areas with
accompanying sanitary facilities, and which is located within or shares a
common wall with a single family dwelling.
.'Guest house. An accessory building occupied on a temporary basis solely
by non-paying guests.
g 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.
h 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 permanently attached to its body or frame. Includes factory -built
and manufactured home.
i Multiple -family. A building designed as a residence for three or more
families, with the number of families in residence not exceeding the
number of dwelling units provided and each living independently of the
other under one roof.
1 Single-family, attached. A building containing two or more dwelling
units, each of which has primary ground floor 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 line.
_k Single-family, detached. A building designed and/or used exclusively for
occupancy of one family and entirely surrounded by open space on the
same lot.
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I Two-family or duplex. A building containing two single-family dwellino
units totally separated from each other by an unpierced wall extendino
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.
m Unit, dwelling 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 (see
"Apartment").
n Watchman or caretaker dwelling. An accessory dwelling associated with
a commercial or industrial building or structure for the purpose of housim,
a watchman or caretaker and immediate family.
(Efficiency apartment. See Dwelling)
31. Family. Any number of individuals not necessarily related by blood, marriage,
adoption or guardianship living together in a dwelling unit as a single housekeeping unit
and distinguished from a group occupying a rooming house, club, fraternity house or
hotel.
32. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other
similar animal commonly kept as livestock.
33. 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.
34. 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. Such floor 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 floor area.
35. Fractions. In the determination of density, required parking spaces or other
requirements of this code, computations resulting in a fractional number of 0.50 or above
shall be considered the next larger whole number.
36. Garage, private. 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.
37 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.
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ORDINANCE 2011-004
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(Group care home. See Housing)
(Guest house. See Dwelling)
38. Guide service. Any premises used for collecting or returning persons from
recreation trips when remuneration is provided for the service.
(Halfway house. See Housing)
39. Health club. Includes, but is not limited to, gymnasiums (except public),
private clubs (athletic, health or recreational), reducing salons and weight control
establishments.
40. 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.
41. 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.
42. Home professional office. A home occupation consisting of the office of a
practitioner of a recognized profession.
(Hostel. See Lodging)
(Hotel. See Lodging)
43. Housing. Structures providing housing for groups of people, such as
students, employees or nursing home residents.
a Bunkhouse. A building used as living quarters for people such as
cannery workers or construction laborers where shower and sanitary
facilities are shared by sever -al rooms and in which there are no individual
cooking facilities.
b Convalescent or nursing home. A structure with sleeping rooms where
persons are housed or lodged and are furnished with meals, nursing and
medical care.
c Dormitory. A building used as residential group living quarters for a
student body or religious order as an associated use to a school, orphanage
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or other similar institutional use, and does not include kitchen facilities
except a group kitchen facility to serve all residents.
_d Group care home. A dwelling shared by no more than five disabled
persons, plus resident staff, 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. "I'he
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 incarceration.
e Halfway house. A licensed home for inmates on release from more
restrictive custodial confinement, or initially placed in lieu of more
restrictive custodial confinement, 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 Department of Corrections.
44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or
machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap
building materials, metals, rubber, paper, plastic or other scrap materials.
45. Kennel. Any enclosure, building, shelter, area or establishment used for the
purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age
of four months, whether for profit, pleasure, or as pets, by any person, individual.
corporation, group of people or business entity. Does not include an animal shelter.
46. Livestock. Generally accepted large (over 250 pounds) and small (under 250
pounds) outdoor farm animals (i.e. cows, goats, horses, pigs, barnyard, fowl, etc.). Does
not include cats, dogs and other common household pets.
47. Loading space. 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.
48. 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.
a Bed and breakfast. An owner occupied and operated single-family
residential dwelling where lodging with a meal is provided for
compensation on a short-term basis. The term does not include
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ORDINANCE 2011-004
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boardinghouses and separate apartments which are leased on a month -to -
month or longer basis.
b Boarding or rooming. An owner occupied building which has not more
than five 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 portions from a menu. The
term includes lodging house or rooming house but does not include
separate apartments with individual kitchen and bath facilities.
c 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.
_d Hotel. A facility with six or more guest rooms and on premises
management 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, entertainment, meeting rooms,
recreational facilities or various personal services. Includes lodges and
inns.
e Motel. A building, or group of detached or connected buildings, having
six or more guest rooms, an on premises manager and parking
conveniently located on the premises, which are designed primarily to
offer sleeping accommodations, with or without meals, to the motoring
public on a daily rate. Includes designations such as motor lodges, auto
courts, tourist courts and similar terms.
49. 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.
4A. A single lot of record;
B. A portion of a lot of record;
3. C. 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: D. 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.
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a Lot area. The total horizontal area within the lot lines of a lot,
exclusive of streets and alleys.
b Lot, buildable or useable area. 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, cliff.~,
marshes and other similar natural obstacles to development with
the property counting toward minimum required size.
c Lot, corner. A lot situated at the intersection of two or more
streets having an angle of intersection of not more than 135
degrees.
d Lot coverage. The area of a site covered by building or roofed
areas, including covered porches, decks and accessory buildings,
but excluding allowed projecting eaves.
e Lot depth. The horizontal distance between the front and rear lot
Tines measured on the longitudinal centerline.
'Lot, interior. A lot other than a corner lot.
g Lot line, front. 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 met.
h 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 ten feet in length within the lot, parallel to and at the
maximum distance from the front lot line.
i Lot line, side. Lot boundary not a front 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 conventional development.
k Lot width. The average horizontal distance separating side lot
lines of a lot and at right angles to its depth.
50. Lumberyard. An establishment that sells sawn timber and other building
materials typically stored on the premises.
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51. 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.
52. Manufacturing, light. A use engaged in the manufacture, predominantly from
previously prepared material, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of
such products, but excluding basic industrial processing.
53. 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. See Dwelling)
54. 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.
55. Mobile medical unit. A trailer, motorized coach or van capable of being
transported from place to place, containing medical equipment such as a CT scanner,
MRI or similarly complex medical diagnostic device or decontamination equipment.
(Modular home. See Dwelling)
(Motel. See Lodging)
(Mull iple-Alm ily. See Dwelling)
56. Non -conforming building. Any building or portion thereof lawfully 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.
57. Non -conforming use. A use which lawfully 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.
58. Noxious use. A use which is injurious or harmful to health, highly
disagreeable or offensive.
59. Office. A building or portion of a building wherein services are performed
involving predominantly administrative, professional or clerical operations; i.e., travel,
insurance, employment, utility, public service or government agencies.
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60. 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.
61. Park. Any public land available for recreational, educational, cultural or
aesthetic use.
62. 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 compensation, for use by the public, clients.
tenants, customers, employees or owners of the property for which the parking area is
required by ordinance.
63. Parking requirements as stated in terms of employees. The maximum number
of employees who will be at the site at one time on either a single shift or an overlap of
shifts.
64. Parking space, off-street. A designated 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.
65. Parking, valet. Attendant parking provided as a service to patrons of
commercial establishments.
66. Peddler. A person who, with no fixed place 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.)
67. 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.
68. Profession. An occupation or calling requiring the practice of a learned art
through specialized knowledge, training, experience or a degree issued by an institute 01'
higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker.
69. Professional office. The office of a member of a recognized profession
maintained for the conduct of that profession.
70. Recreational, indoor commercial. A facility accommodating such indoor
recreation activities as skating rinks, bowling lanes or shooting/archery ranges.
71. Recreational, outdoor public. Outdoor recreation facilities such as sports
fields, ice rinks, playing fields or miniature golf.
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72. 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.
73. Recreational vehicle (RV) 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.
74. Recycling 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.
75. Recycling collection point. An incidental use serving as a neighborhood drop-
off point for 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.
76. Repair service, household/appliance. A business establishment where repairs
are made to appliances and furniture.
77. Residence. A home, abode or place where an individual is actually living at a
specific point in time.
78. 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.
79. 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 characteristics:
a 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
b A cafeteria -type operation where food and beverages generally are
consumed within the restaurant building.
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80. Restaurant, fast food. An establishment whose principal business is the sale of*
quickly prepared ready to eat food and/or beverages for consumption 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 and food
and/or beverages are usually served in disposable wrapping or containers. This includes
drive-in and carry -out restaurants.
81. Right-of-way. An area or strip of public land which incorporates or is intended
to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters,
landscaping and/or public utilities.
82. Salvage yard (auto wrecking, scrap, junk). Any area used for 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 parts thereof.
83. School. Any public, religious or non-profit facility providing a general
curriculum of academic or vocational instruction serving any or all grades between
kindergarten and 12th grade.
84. School, commercial. A facility providing commercial instruction in such
activities as music, dance, arts, crafts and sailing.
85. School, adult vocational. A facility providing a general curriculum of adult
academic or vocational instruction.
86. Setback. The required minimum distance from 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 two feet.
87. Shopping 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.
(Single-family, attached. See Dwelling)
(Single-family, detached. See Dwelling)
88. 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.
89. Storage. A structure or designated area that provides space for storing.
CITY OF SEWARD, ALASKA
ORDINANCE 2011-004
Page 16 of 19
a Container. An accessory storage use consisting of containers such as
semi -tractor vans, shipping containers and conex containers originally
designed to transport goods and materials via highway, rail, air or sea,
which are par -lied oF placed on a parcel of land and used for covered
storage provided that all wheel assemblies have been removed; the unit is
pllaeed—on non rot suseeptible blocking or- foundation; the unit is
roofed, skirted or sidedtomatey--th building on the
property; and the unit is located outside any setbacks. Containers are
not allowed within the front 50% of the parcel except in the Industrial
Zoning District. Containers are considered a structure and must comply
with current adopted building codes. Railroad box cars are excluded
except in the Industrial Zone. . (See
accessory use/building, building, and structure.)
b Outdoor. The commercial keeping, in an unroofed area and usually
enclosed by a fence, 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.
c 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.
_d 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.
90. 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 as defined herein.
91. .Structure. Anything constructed or erected on the ground or attached to
something having location on the ground, including, but not limited to, buildings, towers,
and sheds. Fences, retraining walls less than three feet in height signs and similar
improvements of a minor character are excluded.
92. Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt.
93. Temporary structure. A structure without any foundation or footings as
allowed by the adopted Building Code. and that is r-emoved when the designated time
.
94. Trailer. A structure standing on wheels, towed or hauled by another vehicle
and used for carrying materials, goods or objects or as a temporary office or business.
CITY OF SEWARD, ALASKA
ORDINANCE 2011-004
Page 17 of 19
95. Transient merchant. Any person, partnership, firm or corporation, whether a
resident of the city or not, who engages in a temporary business, within a period not
exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or
services, wares and merchandise for profit or non-profit within the city by operating on a
door-to-door, street corner or similar basis; or from no fixed location or office; or from a
location out-of-doors or in quarters that are easily moveable, such as a temporary leased
area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant
merchants and vendors. Does not include vehicles for hire.
(Two-family or duplex. See Dwelling)
(Unit, dwelling unit. See Dwelling)
96. Utility, public 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.
97. Vehicle, motor. A self-propelled device used for transportation of people or
goods over land surfaces and licensed as a motor vehicle.
98. Vending. The sale of food, services or merchandise.
a Mobile unit. Any type of vehicle or wagon which is designed to be
readily movable and from which services are provided or 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.
b Street. The sale of food, services or merchandise from a cart, stall or
vehicle located in any public right-of-way.
99. Veterinary hospital. A facility, which may include animal runs, in which
veterinary services are rendered to animals and domestic pets and which may include
clipping, bathing, boarding and other services. Includes veterinary clinic.
(Watchman or caretaker dwelling. See Dwelling)
100. Water -dependent. 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
transportation, recreation, energy, production or source of water.
101. 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.
CITY OF SEWARD, ALASKA
ORDINANCE 2011-004
Page 18 of 19
102. 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.
a Front. 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.
h� 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. In cases of double frontages and
corner lots, there are no rear yards, only front and side yards.
c 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 part of the main building.
103. 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 enactment.
CITY OF SEWARD, ALASKA
ORDINANCE 2011-004
Page 19 of 19
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 29"' day of May, 2012.
THE CITY OF SEWARD, ALASKA
D,=�
David Seaward, ayor
AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward
NOES: None
ABSENT: None ••��°' F��l�+�esas
ABSTAIN: None .•• �...••,•; '•.
• �� p•T T V!4 0 � � •
°� '•C•s��'� � �6::� SDI
ATTEST:
Johanna Kin , CMC '
City Clerk
Council Agenda Statement
Meeting Date: May 14, 2012
To: City Council
Through: Jim Hunt, City Manager
From: Donna Glenz, Planner
Agenda Item: Amending Portions of Seward City Code
(SCC)15.10.140 Definitions to Change, Update and
Accommodate the Wishes of the Public
BACKGROUND & JUSTIFICATION:
In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to
review and update portions of the City Zoning Code, Chapter 15.10, in Title 15.. The Commission held
eight (8) public work sessions, including one (1) with the City Council specifically reviewing and
amending Seward City Code (SCC)15.10.140 Definitions.
The Planning and Zoning Commission reviewed and discussed the definition section of the City Code in
depth and found the section to be confusing in the organizational layout. While the Commission has
recommended a complete re -organization, very few additions, deletions or changes were recommended.
SCC15.10.140 is a lengthy portion of the zoning code containing over 100 definitions. With the
reorganization of the definition section, several categories have been established and the definitions
pertaining to those specific categories have been moved into the category. All definitions have been
numbered for easier reference.
Specific additions, deletions or changes are as follows: (Proposed change is indented and the staff
explanation follows) (Str-ikethr-ottg = deletions and are bold, Underline = additions and are bold Italic)
10. Brewpub. An establishment that is primarily an eating place which includes the brewing of
beer as an accessory use.
The public has expressed interest in developing a "brewpub" within the City. While allowed as an
accessory use within a restaurant, the current city code does not address brewpubs by definition. The
Commission has recommended the addition of the above definition to define brewpubs within the SCC.
43._ Housing. Structures providing housing for groups of people, such as students, employees
or nursing home residents.
With the reorganization of the definition portion of the code, it was determined the SCC did not contain a
specific "housing" definition to categorize the examples under; therefore the "housing" category has been
proposed.
(a) Bunkhouse. A building used as living quarters for people such as cannery workers or
construction laborers where shower and sanitary facilities are shared oms and in
which there are no individual cooking facilities.
Seward City Council
Agenda Statement for
Ordinance 2fr1'2= 2 o► I- 0 o�
Page 2 of 3
The public has proposed that new designs in housing and accommodations generally provide for sanitary
facilities in each shared room not a common facility shared by several rooms.
44..Iunk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile
homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber,
paper, plastic or other scrap materials.
Because Seward is a port city and much of the community owns some type of watercraft, it has been
determined that watercraft should be included within the "Junk" definition.
89. Storage. A structure or designated area that provides space for storing.
With the reorganization of the definition portion of the Code, it was determined the SCC did not have a
specific "Storage" definition to categorize the examples under; therefore the "Storage" category has been
proposed.
a Container. An accessory storage use consisting of containers such as semi -tractor vans,
shipping containers and conex containers originally designed to transport goods and materials
via highway, rail, air or sea, which are parIried o placed on a parcel of land and used for covered
storage provided that all wheel assemblies have been removed; the unit is plaeed on non rot
suseeptible bloeiring or- foundation; the unit is roofed, skirted or- sided to Mateh the
and the unit is located outside any setbacks. Containers
are not allowed within the front 50% of the parcel except in the Industrial Zoning District.
Containers are considered a structure and must comply with current adopted building codes.
Railroad box cars are excluded except in the Industrial Zone. There are no grandfathered uses.
(See accessory use/building, building, and structure.)
93. Temporary structure. A structure without any foundation or footings as allowed by the
adopted Building Code. and that is removed when the designated time period, aetivity or use
Through continued discussions and assistance from the Building Department the above changes to the
Container Storage and Temporary Structure definitions have been proposed. The proposed change to the
definitions removes current conflict between the City Zoning Code and the City Building Code.
98. Vending. The sale of food, services or merchandise.
With the reorganization of the definition it was determined the SCC did not have a specific "Vending"
definition to categorize the examples under; therefore the "Vending" category has been proposed.
(It should be noted that the definitions only apply to SCC Chapter 15.10 and not to any other portions of
the Seward City Code. For example, the land use districts set forth in SCC 15.05.025 are not governed by
these definitions, and any reference to "single-family housing," such as in SCC 15.05.025(b)(5) relating
to the UR land use district, should not be interpreted to mean a single-family structure providing housing
EMU
Seward City Council
Agenda Statement for
Ordinance 2fr2Z= 2-c�o-cr �
Page 3 of 3
for groups of people.)
CONSISTENCY CHECKLIST:
1. Comprehensive Plan (2020)
Yes No NA
M
3.7.3 Continue to improve the quality and efficiency of city governmental services.
• Continue to revise and update the Seward City Code.
2. Strategic Plan (1999)
Goals and Objectives:
* Adjust local development regulations, where appropriate, to encourage development that is
consistent with our economic base vision (page 5)
* Update the Zoning Code in order to implement the Comprehensive Plan (page 11)
* Ensure uniform and consistent enforcement of the Zoning Code (page 11)
INTENT:
The proposed Code change updates and incorporates public requests by re -organizing and amending
several sections of the current SCC 15.10.140 Definitions Code.
As required by Seward City Code§15.01.035(c)(2)&(3) the Planning and Zoning Commission held a
public hearing on August 2, 201 lalso a second public hearing on April 3, 2012 and now forwards the
attached Ordinance to the City Council for adoption.
FISCAL NOTE: None.
Approved by Finance Department: yU4z;) +4�
ATTORNEY REVIEW: YES X No
RECOMMENDATION:
20 tt -00-i
Staff recommends the Council introduces and enact Ordinance4042- , re -organizing and amending
several sections of the Seward City Code 15.10.140 Definitions.
30