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HomeMy WebLinkAboutOrd1996-005 I I I Sponsored by: Planning & ZoninQ: Commission Introduction Date: January 22 1996 Public Hearing Date: February 12 1996 CITY OF SEWARD, ALASKA ORDINANCE NO. 96-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE CHAPTER 15.10, SEWARD ZONING CODE, RELATING TO TRANSIENT MERCHANTS WHEREAS, as recommended by the Seward 2010 Comprehensive Plan, the Zoning Code was amended in 1994 to require that transient merchants obtain a Conditional Use Permit from the Planning Commission prior to operation within the City of Seward; and WHEREAS, the administration and the Planning Commission have concluded that the City business license provides sufficient means for ensuring compliance with all applicable federal, state and local laws, thus eliminating the need for transient merchants to obtain Conditional Use Permits; and WHEREAS, it is in the public interest to establish development standards and operating criteria for transient merchants operating within the City of Seward to protect the public health, safety and welfare of the community; and WHEREAS, there is a need to revise Title 15 of the Seward City Code to address these concerns; and WHEREAS, the Planning Commission has approved Resolution No 95-23, recommending the enactment of the Code provisions contained in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. SCC Section 15.10.140, Subsection B., is hereby amended by deleting the definition of "Vending, mobile unit" and by adding the following new definitions: 15.10.140 Definitions. B. Specific definitions. . . . 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. Temvorary structure" A structure without any foundation or footings and that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased CITY OF SEWARD, ALASKA ORDINANCE NO. 96-05 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. Vehicle. motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. Section 2. SCC Section 15.10.140, Subsection B., is further amended by revising the definition of "transient merchant" to read as follows: 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 comer 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. Section 3. SCC Section 15.10.225 is hereby amended by adding a new Subsection C. to read as follows: 15.10.225 Land uses allowed C. Transient merchants as defined in Section 15.10.140 B. of this chapter and which are allowed in accordance with Table 15.10.225 are subject to the following development requirements: 1. For purposes of this chapter, such use shall be limited to a period not exceeding 150 consecutive days in a calendar year. 2. Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. 3. Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this ehapter shall ensure that the area of operation meets the required setbacks as provided by Section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line, permanent structure or other transient merchant. 4. Prior to operation, vehicles and trailers utilizedfor transient merchant purposes shall have blocked tires and be fully skirted to match the temporary structure. 5. Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match the temporary structur.e prior to operation. -2- . I I CITY OF SEWARD, ALASKA ORDINANCE NO. 96-05 6. Every transient merchant shall provide sufficient trash receptacles on site and ensure the proper disposal of all garbage collected on the site. 7. The use of generators is prohibited 8. No transient merchant shall conduct business on property owned or operated by the city except in accordance with ehapter 8.10 of this eode. 9. Transient merchants shall conform to all federal, state and local laws. Section 4. SCC Table 15.10.225 is hereby amended by deleting "Vending, mobile street" from the table and by revising the use designated as "Merchant, transient" so as to allow the use outright in the AC, HC, CB, and I zoning districts and to prohibit this use in all other zoning districts. Section 5. This ordinance shall take effect ten (10) days following its enactment. l;loth. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this ~ day of February, 1996. THE CITY OF SEWARD, ALASKA W(~ Loui~A. Bencardino, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Deeter, Keil, Sieminski King None None ATTEST: APPROVED AS TO FORM: 'a--~~'~~lDo(2~ ~(Linda S. MurphY,.~9M~P~, C. Cl k ".,- .. 1::. I, Ity er .::.<....1 \~;, .,.,,~ !<t... '#_ 4tt~' F-" '\ ....."'.._ .~ -..., ,:; c.~ ,,';~~\PCP';;';'" .~ ~ . ~ .....0-..""V""~.. V 1t (City Seal) :: :.::f --._ ~.r.. ~ .~ ! ......1. -:- #. - , : '-0: ~..r.~;:" to_ ,..' r. . 010 .,. ~ u ;: .. ... ~ -' .-.,... .....: ! - ~ ':. --.....- :: .... I .. .:~ r, .~ V, ~ f).. , ..... 10. t, ,:..VA'I:> ..~'... ,.T .: or "JtI ':,VIii;; 1, 9" .';,0.. ~ ~JI:" -Yh ........ ~~...~.. -''':e" "" OF f'.,\.r~\~...' 'h.,,,,,,\\, Wohlfarth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~r~ City Attorney -3-