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HomeMy WebLinkAboutRes2021-012 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION . ill RESOLUTION 2021-012 Sponsored By: Staff A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS; 15.10.226 LAND USES ALLOWED TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, it is in the public interest to maintain a city code that reflects the international building and fire code; and N NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2021-XXX attached and incorporated herein by reference,be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of July 2021. T : CITY.... ..., �t � W:�,�i� AL A li 0 .___ _ A,_ .....A...._ m I y c und,Chair W AYES: NOES: ABSENT: lf ABSTAIN: VACANT: ''�.,.�...,,�., .;�.� OFSEh,'•. ATT ST: •••"•••a q '' s•G>�G tPp�� .pO.,. o': • rends Ballow, M SE1�, • City Clerk '., icy Se1') , 'ZiyE • ~ TF OF A1-P5` � .•• •.a.A;a , Seward Planning and Zoning Commission Resolution No. 2021-012 Page 2 CITY OF SEWARD,ALASKA ORDINANCE 2021-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS; 15.10.226 LAND USES ALLOWED TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS, the since 2018 the Planning and Zoning Commission has been working on Dwelling, Housing and Lodging definitions; and WHEREAS, 05/19/2020 public work session specifically addressed the Dwelling, Housing and Lodging definitions; and WHEREAS, the 05/19/2020, 10/20/2020, 12/15/2020, 1/19/2021 and the 5/4/2021 public work sessions specifically addressed 15.10.140 and 15.10.226 Definitions and Land Uses Allowed;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, it is in the public interest to maintain a city code that reflects the international building and fire code; and WHEREAS, at its July 6, 2021 meeting, the Planning and Zoning Commission approved resolution 2021-012 recommending City Council approval 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: Seward City Code Section 15.10 Planning and Land Use Regulations, Seward Zoning Code is hereby amended to read as follows(Stril et+ghs=deletions and are bold, Underline=additions and are bold italics): 15.10.140-Definitions. (a) General interpretation. (1) Words used in the present tense include the future tense. Seward Planning and Zoning Commission Resolution No. 2021-012 Page 3 (2) The singular number includes the plural. (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 bvit4iFSTRUCTURE. A structure that is accessory to and incidental to that of the dwelling(s) and that is located on the same lot. 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 structure 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-structure means any structure regardless of type of foundation or base support, including skid-mounted or other moveable structures. (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. (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. (8) 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(Building/Fire code classification is Residential Group R-2 also known as a Multistory unit). Seward Planning and Zoning Commission Resolution No. 2021-012 Page 4 a. Commercial building, apartment, an apartment located within a building designed to accommodate a mix of residential and commercial uses. b. Efficiency Apartment, (also called accessory apartment). 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. c. Owner or manager, apartment. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. d. Studio apartment, A small apartment less than 500 square feet with a fully functional kitchen and bathroom. (Bed and breakfast.-See Lodging Hosted Lodging Unit). Boarding House or roomino. 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_quests 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 (See Lodging) ( Bunkhouse. See Housing) (Commercial building apartment. See Apartment Dwelling) (Condominium. See Dwelling) (Convalescent or nursing home. See Housing Unit) (Dormitory. See Housing Unit) (Duplex. See Dwelling) ***** (31) Dwelling v means any building or portion thereof designed or arranged to provide year-around living for residential occupancy by not more than one family and includes facilities for sleeping, cooking and sanitation. (Building/Fire code classification is Residential Group R-2) a:- , leased, lot or esiden ce—e€-an -0f--any—other Apartment commercial building An apartment located within a building d signed-to residents Seward Planning and Zoning Commission Resolution No. 2021-012 Page 5 f. a. Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multiunit 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. b. Duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and g c. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests. h. d. 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. i. a 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. } f 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. Ic (Single-family, attached. see townhouse) g Single-family, detashed._A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. a}. h Unit, dwelling unit. , A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Seward Planning and Zoning Commission Resolution No. 2021-012 Page 6 o. i Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (32) 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. ***** ( Group care home. See Housing Unit) ( Guest house. See Dwelling) Guest Room. A room used or intended to be used by one or more_quests for living or sleeping purposes ***** ( Halfway house. See Housing Unit) ***** 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. (See Lodging) Hosted Lodging unit: An owner occupied single-family residential dwelling where the owner resides at the dwelling unit while it is being rented. A room or group of rooms in which sleeping accommodations are furnished for compensation or other services may be furnished by the owner or operator to any individual not a family member. A hosted 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 percent of the bedrooms to a maximum of five. ( Hotel. See Lodging)A facility with six or more quest 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. (Building/Fire code classification is Residential Group R-1) (44) Housing Unit. , employees —heme--residents. A dormitory or a group of cells with a common dayroom. (Building/Fire code classification is Institutional Group 1-3) a. Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared 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. Seward Planning and Zoning Commission Resolution No. 2021-012 Page 7 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 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. The term "group care home" shall not include alcoholism or drug treatment centers, 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. f. Substance Abuse Treatment Facility: A facility for the purposes of temporary or long-term inpatient treatment of victims of alcohol or drug use or addiction ***** Institutional Group I-1. Institutional Group 1-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of Group 1-1 shall be classified as one of the occupancy conditions specified in Section 308.2.1 or 308.2.2. (Building/Fire code classification definition) Institutional Group 1-2. Institutional Group 1-2 occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than five persons who are incapable of self-preservation. (Building/Fire code classification definition) Institutional Group 1-3. Institutional Group 1-3 occupancy shall include buildings and structures that are inhabited by more than five persons who are under restraint or security. A Group 1-3 facility is occupied by persons who are generally incapable of self- preservation due to security measures not under the occupants' control. (Building/Fire code classification definition) ***** (49) 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 may include the providing of meals to overnight guests only. This use includes bed and breakfast, boarding house, hosted lodging unit and whole house rental on a nightly basis. Also known as Short Term Rental(STR) (Building/Fire code classification is Residential Group R-1) Seward Planning and Zoning Commission Resolution No. 2021-012 Page 8 a. ( Mobile home. See Dwelling) ***** ( Modular home. See Dwelling) Motel. A building, or group of detached or connected buildings, having six or more quest 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. (See Lodging) ( Multiple-family. See Dwelling) MULTISTORY UNIT. A dwelling unit or sleeping unit with habitable space located on more than one story. (65) Owner. , Any person, agent, operator, entity, firm or corporation having any legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding an interest or title to the property; or otherwise having possession or control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. sij Seward Planning and Zoning Commission Resolution No. 2021-012 Page 9 ***** Residential Group R. Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I or when not regulated by the International Residential Code. (Building/Fire code classification definition) Residential Group R-1. Residential Group R-1 occupancies containing sleeping units where the occupants are primarily transient in nature. (Building/ Fire code classification definition) Residential Group R-2. Residential Group R-2 occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature. (Building/Fire code classification definition) Residential Group R-3. Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I. (Building/ Fire code classification definition) ***** Short-Term Rental (STR) describes furnished self-contained homes that are rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market. They are seen as an alternative to hotels also called vacation rentals. This use includes bed and breakfast, boarding house, hosted lodging unit, motel, hotel, hostel or whole house nightly. ***** ( Single-family, attached. See Dwelling) (Sie ee Dwelling) SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. ***** (Substance Abuse Treatment Facility See Housing Unit) ( Two-#airily--or-duplex.See-Dwelling) Townhouse 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 single family attached, row house and zero-lot line. (SCC 15.10.235). TRANSIENT. Occupancy of a dwelling unit or sleeping unit for not more than 30 days. (-Unit-,dwelling-unit.-See-Dwelling) ***** Seward Planning and Zoning Commission Resolution No. 2021-012 Page 10 ( Watchman or caretaker dwelling. See Dwelling) ,or Whole House Nightly. Non-Hosted lodging unit for which the owner(or authorized agent) is not required to reside at the residence unit. Describes a furnished self-contained dwelling that is rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market. They are seen as an alternative to hotels. Primarily used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days; ***** 15.10.226- Land uses allowed. (a) Table 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) (b) Lodging/Short Term Rental(STR) as defined in section 15.10.140B. is allowed in accordance with table 15.10.226 of this chapter and subject to the following conditions: Definitions "Hosted Lodging unit" An owner occupied single-family residential dwelling where the owner resides at the dwelling unit while it is being rented. A room or group of rooms in which sleeping accommodations are furnished for compensation or other services may be furnished by the owner or operator to any individual not a family member. A hosted 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 percent of the bedrooms to a maximum of five. "Insurance Company" - means any insurance agent and/or company through which a Licensee has obtained an insurance policy to protect the property being used as a Short-Term Rental. "Licensee" - means any natural person holding a Short-Term Rental license issued by the Community Development Department "Licenses" depending on the location, certain documents are required before you can legally rent out space within your home to travelers. "Listing" the profile of a property on a listing site or Online Travel Agency and generally includes a title, description, photos and pricing. "Listing site": also known as "Online Travel Agency (OTA)". They're third-party agents that list accommodations and advertise them through their own network. VRBO and Airbnb are examples of vacation rental listing sites. "Short-Term Rental (STR)" describes furnished self-contained homes that are rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market. They are seen as an alternative to hotels. "Short-Term Rental Transaction"- means a transaction whereby a Licensee accepts payment or any other remuneration from another person for lodging accommodations for a period of less than thirty(30) consecutive days. "Whole House Nightly. Non-Hosted dwelling for which the owner (or authorized agent) is not required to reside at the residence unit. Describes a furnished self-contained dwelling that is rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market. They are seen as an alternative to hotels. Seward Planning and Zoning Commission Resolution No. 2021-012 Page 11 Primarily used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days. Allowed in R3, UR, OR, AC and CB Districts (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted 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 section 15.10.215 of this chapter. lities--are-permit (4) f3) 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 percent of the bedrooms to a maximum of five. Hosted Lodging unit is allowed in R1, R2, RR, R3 and UR Zoning Districts a. facility must be the principal residence of the property owner. A property owner must live on-site throughout the visitor's stay. A room or group of rooms in which sleeping accommodations are furnished for compensation may be furnished by the owner or operator to any individual not a family member. b. Hosted lodging unit shall not rent more than five bedrooms. c. No cooking or cooking facilities are permitted in individual guest bedrooms. (5) In all ial-districts;kdging-within single-(amity--residences and--duplexes is limi ion--within the--busines ce--of-residence an (6) (5) Within OR, AC, HC & CB commercial districts, lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. (7-) (f1 Multifamily 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) (7) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (8)-(8) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. 1. A Short-Term Rental may only be offered in a space intended for human habitation. For example, a property owner may not rent a space in an accessory structure that is a storage shed or garage. 2. Short-Term Rental facilities in or adjacent to residential districts shall not infringe upon the right of neighboring residents to reasonable peaceful occupancy of their homes. 3. Short-Term Rental shall obtain a city business license and separate annual permits provided by the city per physical address. Seward Planning and Zoning Commission Resolution No. 2021-012 Page 12 4. In any advertisement of the Short-Term Rental, the property owner must include the business license and short-term rental permit number issued by the city 5. Short-Term Rental facilities shall meet all applicable health, fire safety, and building codes. New, converted, or annexed Short-Term Rental facilities shall be inspected by the City of Seward prior to operations. 6. All Short-Term Rentals shall receive an annual permit from January 1st to December 31st, under limited administrative review, documenting conformance with city code and agreement to conform to all permits, licenses and permits. The International Fire, Residential, and Building Codes shall be applied at the time of permit for use. 7. The number of available bedrooms shall be determined by the licensee and verified by fire marshal as part of the annual fire safety inspection. 8. A city business license is required per Chapter 8.30, 9. All Bed tax(Chapter 5.45), sales (Chapter 5.35), provisions apply. 10. $150 fee due at the time of new short-term rental application, which does not include the fee of the City of Seward Business license. a. Renewals will be accepted every December(regardless of when you originally applied in the year) for a fee of$100. i. If you wish to discontinue the operation of your short-term rental, you will not need to take any action as the license will automatically close when a renewal fee isn't paid. If after STR is discontinued applicant wishes to renew the applicant will be required to file a new short-term application. 11. Short-Term Rental Insurance Requirements a. A Licensee shall inform his or her Insurance Company that the property covered by the Insurance Company will be used as a Short-Term Rental before any Short-Term Rental Transaction is processed, regardless of whether the Licensee obtains liability insurance for the Short-Term Rental through that Insurance Company. The Licensee shall verify compliance with this notification requirement by executing and submitting a form affidavit provided by the Department during the application process. b. A Licensee shall maintain liability insurance to cover use of the Short-Term Rental in an amount determined appropriate by the Insurance Company insuring such Short- Term Rental, but in any case, no amount of less than one million dollars ($1,000,000) in the aggregate. Such coverage shall be maintained in full force and effect for the term of the license. Alternatively, a Licensee may elect to conduct each Short-Term Rental Transaction through a Hosting Platform that provides equal or greater insurance coverage for each Short-Term Rental Use, provided that the Licensee abides by the notification requirements. Seward Planning and Zoning Commission Resolution No. 2021-012 Page 13 c. A Licensee shall maintain an insurance policy as described in section 1.2. Failure to maintain an insurance policy as described in section 1.2 shall be cause for automatic suspension of the Short-Term Rental license until the coverage is reinstated. 12. Violation of the conditions of approval, as determined by the city, shall result in revocation of the Short- Term Rental and a potential monetary penalty of $2,000 enforced in accordance with Title 15 a. Re-establishment shall be allowed administratively with compliance and remittance of the monetary penalty, and any other fees necessary for permit issuance. 13. Within the annual permits provided by the city, the property owner shall report to the city the following minimum information: 1. The address of the Short-Term Rental; and the contact name(s) of the property owner. 2. The total number of nights that the Short-Term Rental was occupied for transient accommodation or lodging with bed tax application. 3. The property owner shall both have legal responsibility for the collection of all applicable taxes and remittance of the collected tax. 4. The property owner must provide its clients or potential clients the following disclosure: a. Conspicuously posting and maintaining the following information inside the Short-Term Rental: b. A copy of the property owner's business license and short-term rental permit. c. The Short-Term rental's maximum occupancy. d. Location of assigned off-street parking, if applicable. e. Documentation of annual fire safety inspection signed by the Seward Fire Department. f. Twenty-four (24) hour contact information for the property owner or local representative. g. A copy of the official Emergency Management tsunami evacuation route map. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 26`1' day of July 2021. I Seward Planning and Zoning Commission Resolution No. 2021-012 Page 14 I THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal)