HomeMy WebLinkAboutOrd2018-002 Sponsored by: Planning and Zoning Commission
Introduction Date: April 23,2018
Public Hearing Date: May 14,2018
Enactment Date: May 14, 2018
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE CHAPTERS 2, 7, 8, AND
15 RELATING TO CAMPING REGULATIONS
WHEREAS, regulation of public and private camping is addressed in several sections of
the Seward City Code; and
WHEREAS, it is desirable to make all camping ordinances throughout the Seward City
Code consistent with one another; and
WHEREAS, it is desirable to amend the camping ordinances for public campgrounds to
clarify fees for public campgrounds and to assist park staff with enforcing ordinances, including
fee collection; and
WHEREAS, Alaska Statutes 18.35 and the regulations adopted in 18 AAC 30.400-.470
establish minimum standards of health and sanitation for the protection of the public health and
welfare in campgrounds; and
WHEREAS, purposes of the camping regulations are to protect the public's health,
safety and general welfare, prevent overcrowding and unsanitary conditions in the City, to
provide a wholesome community environment, adequate public services, to conserve natural
resources, and to provide clean, safe and attractive recreational and tourist facilities; and
WHEREAS, in addition to several work sessions, the Planning and Zoning Commission
held a public hearing and recommended City Council approval of the proposed City Code
amendments at its April 3, 2018 meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,HEREBY ORDAINS that:
Section 1. Seward City Code Sections 2.25.065 and 2:25.125 are hereby amended to
read as follows:
Strikeout=deletions bold italics underline=additions
2.25.065. -Harbor department—Powers and duties.
The harbor department shall:
(1) Formulate, recommend and administer policies and procedures pertaining to the
operation of the Seward harbor and its facilities;
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
(2) Collect harbor fees and charges and maintain such records as are necessary for the
fulfillment of the department function;
(3) Provide for the enforcement of all city regulations pertaining to the harbor;
• . . . . , - - - - . •. - - . . - - .. . . - •. . -- --
facilities;
(5)al Provide other services and duties as directed by the city manager.
2.25.125. -Parks and recreation department—Powers and duties.
The Parks and Recreation Department shall:
(1) Organize various recreational programs for individuals of all ages within the City;
(2) Coordinate recreational activities and programs with the Kenai Peninsula Borough
Community Schools programs and other local recreational entities;
(3) Maintain City recreational facilities;
(4) Provide for the operation, maintenance and collection of fees for the municipal
campgrounds;
(4)la Provide other services and duties as directed by the City Manager.
Section 2. Seward City Code Section 7.15 – Campgrounds, Parks, and Open Spaces is
hereby amended to read as follows (Strikeout=deletions, bold italics=additions):
7.15.010. -Gampingrgenerally
7.15.010. Camping, municipal.
(a) No camping, other than as specified in section 8.15.510 15.10.226, shall be allowed within
the City limits except in areas designated as municipal campgrounds by resolution of the
City Council or in private camper parks operating under a permit. "Municipal
campgrounds" means campgrounds owned or operated by the City and designated as
public campgrounds by resolution of the City Council. Fees for camping in designated
public municipal campgrounds shall be set by resolution of the City Council. Camping on
private land is subject to Chapter 8.15 and Chapter 15.10.
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
Department. Tents or structures of plastic sheeting, canvas or similar materials are not
Persons camping must be housed in a camping unit as defined in 8.15.110
(c) . . . . . • . - . . . - ,
Disabled and/or senior citizens age 62 and over may camp for extended periods of time
provided that they first obtain a special permit and monthly pass from the City Parks and
Recreation Department. Tents or structures of plastic sheeting, canvas or similar
materials are not eligible for monthly passes or special permits.
(d) Camping in designated die municipal campgrounds shall be allowed between April 15
and September 30 each year, provided, however, that the City Manager may delay modify,
the opening of municipal campgrounds until such time as staffing and weather conditions
permit such use. In no event shall camping by one party be allowed for more than 14
consecutive days in one designated municipal campground except as noted in(c). Except for
those areas opened for camping by resolution of the council or stated in subsection (e)
below, all public municipal campgrounds shall be closed to camping beginning October 1
through April 14, annually.
(e) Winter camping shall be permitted at the a designated municipal campground. In
no event shall camping by one party be allowed for more than 14 consecutive days in one
camping space. camping area located at the south end of in Waterfront Park. Winter
(0 Persons camping Campers in violation of this section are subject to citation, eviction and/or
impoundment by authorized personnel. Persons camping Campers who violate posted
camping regulations may have their camping permits revoked and may be evicted by
authorized personnel. . - . •. ' .. . ., : : .., : - .,
Such Citations or complaints by authorized personnel shall include a complete description
of the violation and any contact between the violator and parks staff.
7.15.020. -Municipal campgrounds, registration and permits.
Municipal campgrounds are designated as self registration fee areas. Unless otherwise
posted, persons camping Campers shall self-register and pay the established fees as posted
before occupying a campsite. A valid camping permit must be visibly displayed and attached to
all camping units at all times. Failure to self-register and pay the established fee shall result in
a fine of$50. If fine is paid within ten days, the fine shall be reduced to $25. For the purposes
of this chapter, camping is defined as occupying a recreational veh:cly
camping unit er
- - • . . - . - . •. - . • . .. . A camping unit is defined in 8.15.110.
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
Section 3. Seward City Code Section 8.15 — Trailers, Mobile Home Parks, Camper Parks
and Camping is hereby amended to read as follows (Seeut= deletions, bold italics underline
=additions):
Chapter 8.15. -Trailers,Mobile Home Parks, Camper Parks and Camping
Article 1. - General Provisions
8.15.110. -Definitions.
As used in this chapter the following terms are specifically defined as follows:
Addition. An enclosed structure of conventional construction, or a manufactured home unit,
attached to a mobile home.
Cam.er. A portable structure mounted on a truck or truck chassis, including motor homes,
or a converted hearse, bus, station wagon or panel truck designed for use as a temporary travel
Camper park.A privately owned and operated campground on any Any parcel, or adjacent
parcels of land in the same ownership, which is used by two or more camping units campers,
travel trailers or tent campers.
Camping unit.A tent or recreational vehicle.
* * * * *
Municipal Campground campgrounds owned or operated by the City and designated
as public campgrounds by resolution of the City Council
Permit. The license issued for and allowing the establishment and management of mobile
home parks or camper parks as defined in this section.
Recreational vehicle.A vehicle used or intended for short-term occupancy as a temporary
dwelling for travel, recreation, and vacation uses r • • • . .
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, buses and similar vehicles.
* * * * *
Space. A defined land area in a mobile home or camper park on which a mobile home or
camping unit, travel trailer, camper or tent may be placed and which is described by boundary
lines measured in terms of:
(1) Its depth expressed as a mean distance between the front and rear of the space,
measured in the generaldirection of the side space lines;
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
(2) Its width expressed as a mean distance between the side lines of the space, measured in
the general direction of the front and rear space lines.
Travel trailer. A vehicular portable structure which is not self propelled, designed for short
Used/occupied. As applied to any land, buildings, mobile home, or camping unit travel
trailer or camper, the words "used" or "occupied" shall be construed to include the words
"intended, arranged or designed to be used or occupied."
8.15.115. -Location.
(a) Mobile home parks, and camper parks, require a conditional
use permit and administrative permit and are eensidered-permed allowed uses per the
Land Uses Allowed Table in Title 15. in R3 or AC districts, provided they are approved by
the Seward Planning and Zoning Commission after public hearing.
(b) Mobile home or camper spaces must be located a minimum of 75 feet from any permanent
residence building located outside the park unless separated therefrom by a barrier such as a
right-of-way or a fence or wall at least 36 inches in height.
8.15.120. -Mobile home park and camper park regulations—Applicability.
(a) All mobile home parks and camper parks within the city of Seward shall be constructed,
operated and maintained in accordance with the standards set forth in this chapter. It shall be
unlawful for any person to own or operate a mobile home or camper park which does not
meet the standards of this chapter.
(b) Nothing in this chapter shall be construed as prohibiting the placement of modular or
prefabricated homes in any district where other single-family dwellings are allowed,
provided the homes meet other applicable zoning, setback, and construction code
requirements of the city, Kenai Peninsula Borough and the state.
8.15.125. -Enforcement of chapter; violations and penalties.
(a) This chapter governing mobile home parks and camper parks shall be enforced by the city
• • - . . , fire chief and the City Clerk.
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
(b) Whenever a violation occurs, any person may file with the City Clerk a complaint in regard
thereto. All such complaints shall be properly recorded and immediately investigated by the
appropriate city official who shall report his findings to the city manager.
(c) For any and every violation of the provisions of this chapter, the owner, agent, contractor,
lessee, or tenant of any premises where such violations exist, or any other person who
commits, takes part or assists in such violations or who maintains any building or premises
in which any violation shall exist,may be assessed a penalty of not more than $300.00. Each
and every day that such violation continues shall be deemed a separate and distinct violation.
(d) Any structure which is in violation of the provisions of this chapter shall be and the same is
hereby declared to be unlawful and a public nuisance and the city manager shall, upon order
of the city council, commence lawful action to abate or remove such building, structure or
use or to restrain any violation of this chapter.
(e) All remedies provided for herein shall be cumulative and not exclusive.
(f) The issuance or granting of a building permit or approval of plans or specifications under the
authority of the building code shall not be deemed or construed to be a permit for or an
approval of any violation of any of the provisions of this chapter or any amendment thereto.
8.15.130. - Compliance with other laws.
Mobile home parks and camper parks shall be constructed, operated and maintained in
conformance with all applicable state and local statutes, ordinances or regulations.
* * * * *
8.15.140. -Fire prevention.
(a) Every mobile home park or camper park shall be equipped with fire extinguisher(s) as
determined by the Fire Chief: Fire extinguisher(s) shall be accessible to the users of
mobile home park and camper park during all operational periods. a 15 pound carbon
office of the person in charge of the park. No open fires shall be permitted at any place
within a park, except in camper parks in fire rings, pits or other facilities constructed for
such purpose and of a design approved by the fire chief.
(b) To minimize the possibility of interference with escape in case of fire, the permittee shall
prohibit the parking of vehicles closer than five feet from the door of any service
building, convenience establishment, travel trailer, mobile home or camper recreational
vehicle.
(c) In each mobile home, camper or travel trailer recr-ational vehicle having its own heating or
as a fuel, all gas appliances, fittings and installations shall conform to the city utility code
and fire code requirements (see title 14, utilities, and chapter 9.15, fire prevention).
(d) Containers for fuel to be used by mobile home, travel trailer or camper occupants shall be
connected in a lea preef leak-proof manner to the stoves or heaters by copper or other
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
metallic tubing in accordance with manufacturer recommendation. approved by the
constniction-inspecter. Fuel oil containers shall be securely fastened in place not less than
five feet from any exit and/or at at-least-twe-feet-from the body of the mobile home.or addition
thereto., or recreational vehicle travel trailer or camper.
8.15.145.—Recreational vehicles and mobile homes outside of Municipal Campgrounds,
Camper Parks and Mobile Home Parks.
(a) • , . . .• - - . .• - - . . - .. . . . . . .
wheel-trailer liner A camping unit not to exceed twenty forty five feet in length,may be stored
on a private lot in residential all zoning districts, as referenced in 15.10.226., except in a
for the storage of recreational vehicles. .� .
(b) On a construction project, a travel trailer, mobile home or camper recreational vehicle may
be used for temporary living or work space at the project site not to exceed length of project
for a period of 90 days if a letter application for this use is submitted by the owner or
manager of the project, site or property and is approved by authorized personnel is
(c) In a mobile home, or recreational vehicle travel *railer er c,,.,,per sales lot, one mobile home
or recreational vehicle, travel trailer or camper may be used as an office for sales lot
business only.
Article 2. -Permits
8.15.210. -Mobile home park and camper park annual permit required.
(a) No person may construct develop, operate or maintain a mobile home park or camper park
without first obtaining an annual permit in accordance with this chapter.
(b) The permit shall be issued by the City Clerk after investigation and inspection by the city
construction building inspector and fire chief.
(c) The annual permit, along with a copy of this chapter, shall be posted in a conspicuous
location on the premises of the Mobile Home Park or Camper Park at all times.
(d) All mobile home parks, camper parks, or other trailer courts in existence in any area
annexed to the city in the future shall have ninety days subsequent to such annexation to
obtain a city permit.
(e) The city council may by ordinance restrict the total number of mobile home park permits
and camper park permits to be issued.
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
8.15.215. -Initial permit.
(a) An application for an annual mobile home park or camper park permit shall be submitted to
the City Clerk on a form provided by the City. The application shall include the following
information:
(1) The name and physical address of the Mobile Home Park or camper park;
(2) The name and mailing address of the applicant, indicating whether operator or owner;
(3) The name and mailing address of the owner if different from the applicant.
(b) The application shall be accompanied by a dimensional site plan at a scale of one inch to 20
feet showing the following:
(1) The specific layout of mobile home or camping unit spaces, camper or travel trailer
space)setting forth the dimensions of each space;
Article 4. - Camper Parks
8.15.410. - General Provisions.
(a) Camper parks may be established to provide temporary spaces and facilities te-campers
camping units, motor homes, travel trailers, and other recreational vehicles when used for
touring, vacationing or like transient activities. No vehicle camping unit in a camper park
may remain in the park more than thirty days.
remain in a camper park for more than 30 days.
8.15.415. - Spacing requirements.
The requirement for spacing shall be at least ten feet clear space between camping units
recreational vehicles or tent units.
(Ord. 522, § 2 (part), 1984)
8.15.420. - Streets,walkways and storm drainage. -
have a minimum right of way width of 40 feet with a minimum surface width of 24 feet, and
of 14 feet.
Streets, walkways, and storm drainages must comply with City Codes.
(Ord. 522, § 2 (part), 1984; Ord. 610, 1988)
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
* * * * *
8.15.445. -Prohibitions generally.
(a) No . - - - camping unit situated in a camper park may be offered for
rent or lease.
(b) No vehicle camping unit in a camper park may be rendered immobile except by the
unhitching of a separate towing vehicle, if any. Camper Recreational vehicles may be
temporarily tied down only as required for the safety of the vehicle and the area. Removal of
wheels, addition of skirting, attachment of structures, buildiiigy additions or foundations or
any other act evidencing permanency of occupancy shall not be permitted.
8.15.450. -Registration required.
The owner or operator of a camper park shall maintain a register containing the name and
mailinw address of each person occupying the park, a license or identification number and
description of each vehicle occupying the park and the date of each arrival and departure on a
form approved by the city. This register shall be retained for at least three years, and shall be
available for inspection by the city at any time. No person who refuses to register may be granted
occupancy in the camper park for himself or his vehicle.
8.15.455. -Alaska landlord-tenant act inapplicable.
A camper park is not a mobile home park as set forth in AS 34.03.360(3). Structures and
mobile homes within the terms of AS 34.03.360(3) are not permitted in a camper park.
Article 5.—Camping—See 05.10.226
(a) No camping, other than as specified in § 8.15.515 shall be allowed within the city limits
shall be limited as specified in this chapter. Fees for camping in designated campgrounds
(b) Camping in designated public campgrounds shall be allowed between May 15 and
September 30. Except for those areas opened for camping by resolution of the council, all
public campgrounds shall be closed to camping beginning October 1 through May 14,
annually.
(Ord. 522, § 2 (part), 1984; Ord. 601, § 1, 1988; Ord. 610, 1988)
• • .
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
be allowed in RR and unzoned districts (see title 15, planning and land use regulation). Such
occupancy shall be limited to one travel trailer, camper or tent and shall be for recreational or
vacationing purposes only. Camping as provided in this section shall not exceed 60 days per
calendar year.
(Ord. 522, § 2 (part), 1984; Ord. 539, 1985)
Article 6. -Employee Campgrounds—See.15.10.226
8,15-.-610,--Purpose:
Generally, employee campgrounds are for established businesses with high seasonal
employment of transient workers, and arc not to be construed as construction camps. No
••• • - ' : , o - - ••- • ' • • an September 30, cxccpt by resolution of the city
(Ord. 573, 1986; Ord 92 04)
• . . •
(Ord. 573, 1986)
8715-.-620,—Garbage-and-refuse:-
(Ord.
1 c 62n Garbage and ref•s,.
V.i✓.Vr • .
(Ord. 573, 1986)
84e 62c c i� f •lit
r✓. �..suiai�a'i�12CCTiiClzs
section 8.15.425(b)of this chapter.
(b) Shower facilities may either be on site in conformance with section 8.15.425(b) of this
chapter, or provided on the job site of the employer.
(Ord. 573, 1986)
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
The requirements for spacing shall be at least ten feet clear space between recreational
(Ord. 573, 1986)
Section 4. Seward City Code Section 15.10 Planning and Land Use Regulations, Seward
Zoning Code is hereby amended to read as follows (Strikeout= deletions, bold italics underline
=additions):
15.10.140 -Definitions.
A. General interpretation.
* * * * *
B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
* * * * *
18. Campground. A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by tents or recreation vehicles camping units
as temporary living quarters for recreational or vacation purposes.
a. Campground, municipal. Campgrounds owned or operated by the City and
designated as public campgrounds by resolution of the City Council.
b. Campground,private camper parks.A privately owned and operated
campground on any parcel, or adjacent parcels of land in the same ownership,
which is used by two or more camping units.
c. 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.
19. Camper park.A privately owned and operated campground on any parcel, or adjacent
parcels of land in the same ownership, which is used by two or more camping units.
20. Camping unit.A tent or recreational vehicle.
15.10.22515.10.226 Land Uses Allowed
(a) Table 15.10.225 15.10.226 Land Uses Allowed is incorporated herein by reference and the
restrictions contained therein are mandatory unless otherwise modified by this chapter (See
Table 15.10.226 tables at the end of this title.)
* * * * *
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
(i) Camping is allowed subject to the following:
(1)Ne Camping for a fee shall be allowed within the city limits only in municipal
campgrounds, as defined in section 7.15, or in private camper parks operating under a
permit, as defined in section 8.15.
(2) Other than permitted camper parks, camping on privately owned lots as an accessory
use to an occupied, single family home is limited to private non-commercial use and for
no fee. Such occupancy shall be limited to one camping unit at a time and shall be for
recreational or vacationing purposes only. Camping as provided in this section shall not
occur earlier than April 15th and no later than September 30"
0) Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter
subject to the following:
(1) Employee campgrounds are for established businesses with high seasonal employment
of transient workers, and are not to be construed as construction camps. No employee
campground may be open for more than 150 days per calendar-year, and may not open
earlier than April 15, nor remain active later than September 30, except by resolution of
the city council based on specific findings that a longer term, earlier opening date and/or
later closing date is warranted because of special circumstances.
(2) Occupancy in an employee campground is limited to the transient workers of that
industry or business granted a conditional use permit and annual permit.
(3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee
campgrounds.
(4) Sanitary facilities shall include either permanent or portable toilets. If permanent
facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities may
either be on-site in conformance with section 8.15.425(b), or provided on the job site of the
employer.
(5) The requirements for spacing shall be at least ten feet clear space between camping
units. Camping units, other than those being used for living accommodations, shall not be
parked within the campground area proper.
CITY OF SEWARD,ALASKA
ORDINANCE 2018-002
Table 15.10.22615.10.225 Land Uses Allowed
Zoning Principally Residential Principally Commercial Principally
Districts Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Campground, C/P C/P C/P C/P
municipal
Campground, GP C/P C/P C/P C/P 1 C/P
camper park,
RV park
private
Campground, C/P
employee
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 14th day of May,
2018.
THE CITY OF SEWARD,ALASKA
4David quires,Mayo
AYES: Casagranda, Keil, McClure, Horn, Towsley, Squires
NOES: None
ABSENT: Slater
ABSTAIN: None
ATTEST:
4 /4% '
Brenda J. Ballou, C
City Clerk ,Oaseaosccae,o
0°4 OF Se oo.
(City Seal/co®• O� �••I,e)
e • a SEAL : ® i ha'
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