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HomeMy WebLinkAbout09212021 Planning & Zoning Work Session - Title 15 Definitions PacketPlanning and Zoning Work Session Discuss Title 15 Definitions pertaining to Dwelling, Lodging, and Housing ■ September 21, 2021 ti,ssr�P 6:00 p.m. in City Council Chambers Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rlTy Q E*1 A UT A r A cL A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX An Ordinance of the Seward Citv Council, Amending Portions of Seward City Code 15.10.140 AN ORD-IN A NG- OF THEL, rrTV rnrnvrrl OF TLIC rrTV OF c>, SIZ A RD A T A SK A, AMENDING PORTIONS OF SEWARD RD !' ITV CODE 1 C 1 0 1 40 DEL— INITil NS; LAND �'L 9- A-1 I ll� EL—D TO- f'i7�NGE UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC Formatted Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Style Definition Formatted: Bottom: 1 ", Section start: Continuous, Not Different first page header Definitions to Amend Definitions Related to: Apartment, Boarding House, Formatted: Font: Times New Roman, 12 pt, Not Italic, Dwelling, Duplex, Unit, Hostel, Hosted Lod2in2 Unit, Housing Unit, Insurance No underline Companv, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short -Term Rental, Short -Term Rental Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly, and Enacting Lan2ua2e in 15.10.226 K Pertaining to Short -Term Rentals 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, Formatted: Font: Highlight 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 Formatted: Font: Highlight 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 Formatted: Footer center, Right building and fire code; and Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 1 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 r Ty QF E*1 Ann A r A CiI A O�-.zz 2021-�� Formatted Public Hearing Date: August 9, 2021 Formatted Enactment Date: September 9, 2021 Page 2 Of32 Formatted ' Formatted Formatted 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. Formatted Formatted Formatted Formatted Formatted NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Formatted Formatted Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows: Formatted Formatted a a *R- _effa as fell awsf���,,��7 il�s = deletions and are bold, Underline additions and are Formatted bold italics): Formatted Formatted 15.10.140 —Definitions. � Formatted (a)_ —General mteipretailOn. (1)_ ;Words used in the present tense include the future tense. Formatted (2)_The singular number includes the plural. Formatted (3)_ ;The word "person" includes a corporation as well as an individual. " " " " Formatted (4)_ The word lot includes the word plot or parcel. term "shall" is Formatted (5)_ The always mandatory. (6)_ The word "used" or "occupied" as applied to any land or building shall be construed to Formatted include the words "intended," "arranged," or "designed to be used or occupied." Formatted (b)_ Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, Formatted unless otherwise provided or the context otherwise requires: (1) —Accessory bH�structure.. `T�"''�' ��` ^ �• ..-«._,..�_.:.. ___,.....__.._ __., :__:.,,._._� Formatted ._.�_. _fti;@ ,.. ��:__._I __d that is .___. � __ .. ___ ._. A detached structure that: Formatted a._ Is clearly incidental to and customarily found in connection with a principal Formatted building or use; Formatted b._ Js subordinate to and serves a principal building or use; in to the building Formatted c._ Js subordinate area, extent or purpose principal or use served; Formatted d.= ,Contributes to the comfort, convenience or necessity of occupants, business Formatted or industry in the principal building or use served; and Formatted e. Js located on the same or adjacent lot under the same ownership as the building Formatted principal or use served. An accessoryuilditstructure. shall be considered to be a part of the main building Formatted when joined by a common wall or connected by a breezeway to the main building. Formatted Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 Accessoryh2gAjDttstructure. means any structure regardless of type of foundation base support, including skid -mounted or other moveable structures. 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)____7--,Nirport. 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)= lteration. 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) — ntenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based structures. Includes satellite dish. hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing theirms, own cooking independently of anv other individual or family in the same bui1din_z4SyMdkwAR9.Fe nade a. b. C. d. designed to accommodate a mix of residential and commercial uses. separate dwelling unit consisting ofnot 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, designed to be used exclusively as the living quarters for the owner or manager'smmnaoer family of that building or a commercial business located in the building, functional kitchen and bathroom, (9) f44 Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or Page 3 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 rebuildine_ and collision service includine body frame and fender straiehtenine and repair, painting and undercoating of motor vehicles. (10) {4} 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. 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 dinin>' facilities are provided in the individual rooms. family -style, without service or ordering of individual portions from a menu. brewing of beer as an accessory use. (13) 444 Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (14) 424 Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of external steps. (15) 0-31 Building, existing. A building erected prior to the adoption of this Code or one for which a legal building permit has been issued. (16) 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-wav that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of the 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 b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection a., 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_ (17) 4 Building, principal or main. A building in which is conducted the principal or Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Block 3, Justified, Indent: Left: 0.38", Hanoino: 0.5" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Strikethrough Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Italic, No underline Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Block 3, Justified, Indent: Left: 0.88", Hanging: 0.38", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.13" + Indent at: 1.38" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Italic, No underline Formatted main use of the lot on which the building is situated. Attached garages, porches and Formatted: F,,ter center, Right carports shall be considered to be part of the principal building. Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 4 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 (18) {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. (19) 474 Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. (20) 484 Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by 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. (21) 494 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. (22) 404 Camping unit. A tent or recreational vehicle. (23) {24} 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 occupants. Also called day care, nursery school, preschool and kindergarten. (24) Q24 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. (25) {2,3} 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. (26) Q44 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. Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Block 3, Justified, Indent: Left: 0.38", Hanqinq: 0.5" Formatted: Font: Times New Roman, 12 pt (27) 454 Cluster subdivision. A development design technique that permits a reduction in Formatted: Footer center, Right lot area provided there is no increase in the number of lots permitted under a Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 5 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 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. (28) f264 Commercial communications tower. A structure intended to support equipment used to transmit and/or receive communication signals including monopoles, guyed and lattice steel structures. This definition does not include a tower that supports only one or more amateur radio antennas. (29) �} Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. or nursing home. See (30) f2-84 Convenience store. A small-scale neighborhood rg ocery 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. (31) 494 Drinking establishment. Any premises wherein the principal pumose 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. (32) 404 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. (33) f31-4 Dwelling. Meamg4upk-- �� any building or portion thereofdesigned or arranged to provide year -around kving for residential occupancy by not more than one family and includes facilities for sleeping, cooking and sanitation Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Block 3, Justified, Indent: Left: 0.38", Hanqinq: 0.5" Formatted Formatted: Font: Times New Roman, 12 pt Formatted Formatted: Font: Times New Roman, 12 pt, Underline Formatted: Font: Times New Roman, 12 pt, Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted Formatted Formatted: Font: Times New Roman, 12 pt Formatted Formatted: Font: Times New Roman, 12 pt Formatted Formatted: Font: Times New Roman, 12 pt Formatted Formatted: Font: Times New Roman, 12 pt ft ( Formatted A ..... bom ,gi 4 ny portion of n building whieh is designed, built;r-ented6 ... e as e a i �.; a ,.t 1 ,., , a empa HS +, �, „, Formatted: Font: Times New Roman, 12 pt i which is residence of an individual ual for daily fiyi g and doing his own ..00long Formatted: Font: Times New Roman, 12 pt independently of any other- ind iwidual o- r- fam-fly in the same building. b. Formatted: Font: Times New Roman, 12 pt Formatted: Footer Center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 6 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs11LA Ui1 A r A ciI A viti=ci.2021- --1 Formatted: Font: 10 pt, Highlight Public Hearing Date: August 9, 2021 Formatted: Font: 10 Pt Enactment Date: September 9, 2021 Page 7 of 32 Formatted Formatted separate dwelling unit consisting of not than one habitable Formatted room (which kitchen, dining and sleeping areaswith Formatted a single family dwening. d._ ------ C, owner or- ma-ampf. An apartment within a building that is Formatted designed to be used exelusivety as the lWing quar-ter-s foF the owner- o 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 separated from each other by an unpierced wall extending from Around to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. 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. 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. k-. (—LSingle-family. attached. see townhouse Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 V. q _Sin, le -family ; ^^' ^ ;4A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. unit Providing complete, independent kving facikties for one or more persons, including permanent Provisions for kvinz sleeping, eating, cooking, and sanitation. i. It 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. 3( 4) ,{3P,— anvil . 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. (35) 434 Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. (36) Q44 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. (3D f3-54 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 to utilities or sanitary facilities is excluded from this computation of useable floor area. (38) {3Q 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. (39) 474 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. Formatted: Font: 10 pt, Highlight Formatted: Font: 10 pt Formatted Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted Formatted: Font: Times New Roman, 12 pt, Underline Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Bold Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.88", Hanging: 0.38" Formatted: Font: Times New Roman, 12 pt, Bold Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Bold Formatted Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Footer Center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 8 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: July 26 rr-ry nz, cszzLA nn A r A ciI A nnnr�T A �Trz ��-.zz 2021 Formatted: Font: 10 pt, Highlight Public Hearing Date: August 9, 2021 Formatted: Font: 10 pt Enactment Date: September 9, 2021 n „ n r z� Formatted: Right, Widow/Orphan control, Adjust Page 9 __ _- space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" (49) f38; Greenhouse, commercial. A light -permeating structure used for cultivating and Formatted: Font: (Default) Calibri, 10 pt, Not Bold growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. Formatted: Header, WidowOrphan control, Adjust space between Latin and Asian text, Adjust space ***** between Asian text and numbers, Tab stops: Not at 3" + 6" {Group care home. See Housing ilnit Formatted: Block 3, Justified, Indent: Left: (-Guest house. See Dwelling) Hanqinq: 0.5° Formatted: Font: Times New Roman, 12 pt or sleeping purposes.. (,Q f394 Guide service. Any premises used for collecting or returning persons from Formatted: Font: Times New Roman, 12 pt recreation trips when remuneration is provided for the service. Formatted: Font: Times New Roman, 12 pt ***** Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Italic, No underline 4-lIalfway house. See Housing Unit Formatted: Block 3, Justified, Indent: Left: 0.38", (43) f494 Health club. Includes, but is not limited to, gymnasiums (except public), private Hanging: 0.5° clubs (athletic, health or recreational), reducing salons and weight control Formatted: Font: Times New Roman, 12 pt establishments. (44) f444 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. (45) f424 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. (46) 034 Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. Formatted: Font: Times New Roman, 12 pt Formatted: Justified, Indent: Left: 0.38", Hanging: 0.5" LZ***** Formatted: Font: Times New Roman, 12 pt Hostel. A building, or portion thereof. in which temporary or overnight lodging is provided � Formatted: Font: Times New Roman, 12 pt for hikers, cyclists or other travelers not generally traveling by car. (See Lodging) (48) Rosted lodging c#. unit. Formatted:.38",Nmbretified, Indent: 0 Hanging: a. —.-An owner occupied single-family residential dwelling where the owner, 1 + Nu 0.38", Numbered + Level: 1 +Numbering Style: a, b, c, bring a, ... + Start at: 1 + Alignment: Left + Aligned at: 1.13" + resides at the dwelling unit while it is being renter i..".1:g.4Pc1 fe" Indent at: 1.38" in .,{ iGh .lee„ing a ed..tie„s a a G atie„ or Other be furnished ti„ the ,wner er eperate"te . indivisWal net a s.,mili, Formatted: Font: Times New Roman, 12 pt fflpffllhp.r. n .4ogte,t leefoine is M-itpd t, a `"" . 69n wit ewner Formatted- Footer Center, Right Formatted: Font: Times New Roman Page 9 Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 b. A room or group of rooms in which sleeping accommodations are furnished or compensation or other services may be furnished by the owner or operator to anji individual not a family member. welling which is the owner's principal place of residence and to the rental o not more than 50 percent of the bedrooms to a maximum of five. d A hosted lodging unit is allowed in Rl, R2, RR, R3, and UR zoning districts. 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. (Build pal Fire Gode Unit. A dormitory or a erouD of cells with a common dayroom. 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. Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: b2, Justified, Indent: Left: 0.88", Hanging: 0.38", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.13" + Indent at: 1.38" Formatted: Justified, Indent: Left: 0.38", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Strikethrough Formatted: Indent: Left: 0.38", Hanging: 0.5" Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt C. pnp tory_._A building used as residential group living quarters for a student l Formatted: Indent: Left: 0.88", Hanging: 0.38" f body or religious order as an associated use to a school, orphanage or other Formatted: Font: Times New Roman, 12 pt similar institutional use, and does not include kitchen facilities except a group Formatted: Font: Times New Roman, 1 z pt kitchen facility to serve all residents. d. =Group care home. A dwelling shared by no more than five disabled persons, Formatted: Font: Times New Roman, 12 pt plus resident staff, who live together as a single housekeeping unit and in a Formatted: Font: Times New Roman, 12 pt 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.Ialfway house. A licensed home for inmates on release from more restrictive Formatted: Font: Times New Roman, 12 pt custodial confinement, or initially placed in lieu of more restrictive custodial Formatted: Footer Center, Right confinement, wherein supervision, rehabilitation and counseling are provided Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 10 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. purposes of temporary or long-term inpatient treatment of victims of alcohol 51) Insurance Company. Any insurance agent and/or company through which a Licensee has obtained an insurance Policv to Protect the Propertv being used as a Short -Term Rental (52) 0-54 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. (52) f464 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. (53) Licenses. Any natural person holding a Short -Term Rental license issued by the Community Development Department. (54) icenses. M depending on the location, certain documents are required before you can legally rent out space within your home to travelers. (55) Listing. the profile of a property on a listink site or Online Travel Agency and generally includes a title, description, photos and pricing. (56) Listing site. Also known as "Online TravelAgency (OTA) ". Third -party agents that list accommodations and advertise them through their own network. VRBO and Airbnb are examples of vacation rental listing sites, (57) 474 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. (58) {48} 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. LLL- ***** ..Nt..t:e....l Croup 1_4Institutional Group 1_4 a shall : ..lude 14mUdinQs -t...et...er e ..rVena th e.e..f fgir m a tha.. AR .. eludi..q staff ..I.q- idp .. ., 74 I... ... h. qMS FY Hi--�a-$if�12ispd crrv_..t a...J .re aee.. t..dial ., G: 1.J.. a .,ings of Gr-o ,.. _4 eI..�11 l 4 r_.Iagq.WPd a of the GGGyqanGV nditl� ..Ifred : ceer:e.. 20R.24 or ona 2 2 Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.38", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt ..tit..tie.... I r-roup 1_9 Institutional Groug 1_9 GGayqanGV shall : ..L.de lqui1d:.,....a.,. st..,..t.firps Formatted: Footer Center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 11 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A , Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 )dging.. 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+Nay :the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. I99a.a..;0 hause, ha«ea ledging Unit Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: List 2, Justified, Indent: Left: 0.38", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt, Bold, Strikethrough Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Formatted: Font: Times New Roman, 12 pt, Bold Formatted: Font: Times New Roman, 12 pt, Bold, Strikethrough Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Italic, No underline Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt management offering transient lodging accommodations to the geneFa Formatted: Font: Times New Roman, 12 publie on a daity rate where aeeess to all sleeping moms is thr-ough a main pt Wings,entr-ance and which may pmvide food, enteFtainment-, meeting moms inns bigit". building, OF group of detached or- conner-ted h- having Formatted: Font: Times New Roman, 12 pt six or- more guest moms, . i manager- an par -king convenienfl-i- i,.,.ated on the pr-e,, ises .,,hieh a designed , i-fly to OUP ,. Formatted- Footer Center, Right sleeping odations, with o without meals, to the ,,.,.+,. Formatted• Font: Times New Roman Ordinance 2020-XX-' Page 12 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 (60) {W 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: a. A single lot of record, b. A portion of a lot of record; 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 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. 1. Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. 2. 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, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. 3. Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. 4. 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. 5. Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. 6. Lot, interior. A lot other than a corner lot. 7. 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 Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" are met. 8. 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. 9. Lot line, side. Lot boundary not a front lot line or a rear lot line. 10. Lot line, zero. The mean horizontal line whereby two adjacent buildings Formatted: Footer center, Right from adjacent lots can be constructed with a common party wall providing Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 13 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 a Droner fire wall ratine. All other aspects are the same as in conventional development. 11. Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. (61) 40 Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. (62) 424 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. (63) 434 Manufacturing, light. A use engaged in the manufacture, predominant) from rom 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. (64) 444 Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and any amendments thereto. (65) {sue} Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testingfacility, acility, a marijuana product manufacturing facility, or a retail marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto. a. Marijuana cultivation facility. Marijuana cultivation facility means an entity registered to cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has the privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3 AAC 306.405(c), except that it must have fewer than 500 square feet under cultivation. b. Marijuana product manufacturing facility. Marijuana product manufacturing facility means an entity registered to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. C. Marijuana testing facility. Marijuana testing facility means an entity registered to analyze and certify the safety and potency of marijuana. d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" to sell marijuana and marijuana products to consumers. Formatted: F,,ter center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 14 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 (66) f5o Marijuana products. Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. (67) 474 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. (68) fW 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. (69) f-594 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. 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 pubkc on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. (See Lodging) space located on more than one story. (72) f604 Nonconforming 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. (73) "Nonconforming 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. (74) f621 Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. (75) f634 Office. A building or portion of a building wherein services are performed Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Block 3, Justified, Indent: Left: 0.38", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Block 3, Justified, Indent: Left: 0.38", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt involving predominantly administrative, professional or clerical operations; i.e., Formatted: Footer Center, Right travel, insurance, employment, utility, public service or government agencies. Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 15 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 (76) "Open area. Open area is any portion of the lot not a. Covered by a structure, or; b. Used for parking spaces and maneuvering. corporation having any legal or equitable interest in the Property; or recorded in 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 (78) f664 Park. Any public land available for recreational, educational, cultural or aesthetic use. (79) *74 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. (80) fW 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. (81) f694 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-wa. (82) G04 Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. (83) f44 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.) (84) G2-)-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. (85) f34 Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: List 2, Justified, Indent: Left: 0.38", Hanqinq: 0.5" Formatted: Font: Times New Roman, 12 pt, Bold, Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Italic, No underline (86) f74 Professional office. The office of a member of a recognized profession Formatted: Footer center, Right maintained for the conduct of that profession. Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 16 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 (87) f7-5} Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. (88) (744 Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. (89) {7-7} 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. (90) G84 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. (91) G94 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. (92) f804 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 shoppingcenter parking lot or in other public/quasi-public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. (93) f844 Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. (94) f824 Residence. A home, abode or place where an individual is actually living at a specific point in time. (95) 434 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. (96) 444 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. (97) f854 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 Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" restaurant building, within a motor vehicle parked on the premises, or off the Formatted: Footer Center, Right premises as carry -out orders, and whose principal method of operation includes the Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 17 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 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. (98) f86 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. (99) f8� Salvage 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. (100) fW School. Any public, religious or nonprofit facility providing a general curriculum of academic or vocational instruction serving_gny or all grades between kindergarten and twelfth grade. (101) f" School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. (102) 004 School, adult vocational. A facility providing a general curriculum of adult academic or vocational instruction. (103) (4 } Setback. The required minimum distance from a 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. (104) f924 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. 10( 5) ***** qide..t;.,r r-r-euv R. Residential Gifoup o iRGIydes. amonm others. the use of a bull ina e stmetu er a "-pvrVen the es s,. „leega..�? y.hp et „, ,A4 .P a_ _ etit.,t:..nal Group i or when not re. uiate.ao�:.ae..t:.,� i. traign- ipigt : atuire (Buildinal Pre G de eLannifir-atien.Jei:.. cr.e nndp Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Footer Center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 18 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market paVment or anV other remuneration from another person foMay ars saam or, ^^ ..Is., _.... s:..., s.. I,., •.,I_ ..I_.. _..II.,.! ..I_ TI.:_ .. _I...l.,_ 1..,.! .....! 1. _.,..Lf.._s 1..... _.l:.... consecutive days...-:•, R;et@A ims@ALsl.. 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 dwelknz unit are not sleeping units, (108) 034 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. (109) 044 Storage. A structure or designated area that provides space for storing. 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 placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed, and the unit is located outside any setbacks. Containers, whether temporary or permanent, 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. Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: List 2, Justified, Indent: Left: 0.38", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Italic, No underline Formatted: Block 3, Justified, Indent: Left: 0.38", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Block 3, Justified, Indent: Left: 0.38", Hanoino: 0.5" Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Strikethrough Formatted: Footer Center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 19 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: July 26 rr-ry nz, cszzLA Uiz A r A CiI A nnnr�T A �Trz ��-.zz 2021 Formatted: Font: 10 pt, Highlight Public Hearing Date: August 9, 2021 Formatted: Font: 10 pt Enactment Date: September 9, 2021 Page 20 32 Formatted: Right, Widow/Orphan control, Adjust of space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" C. Self-service. A building or group of buildings consisting of individual, small, Formatted: Font: (Default) Calibri, 10 pt, Not Bold self-contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. Formatted: Header, Widow/Orphan control, Adjust d. Warehouse and distribution. A building used for the storage and/or space between Latin and Asian text, Adjust space primarily between Asian text and numbers, Tab stops: Not at 3" distribution of goods, products, materials, supplies and equipment, but + 6" excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. (110) 054 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. (110) 064 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, retaining walls less than three feet in height, signs and similar improvements of a minor character are excluded. (111) 074 Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. (112) 084 Temporary structure. A structure without any foundation or footings as allowed by the adopted building code which must be completely removed from the parcel when the temporary permit for the structure/use expires. (113)Townhouse.-A building containing two or more dwelling units, each ofwhich has- — Formatted: Justified, Indent: Left: 0.38", Hanging: 0.5" Primary ground floor access to the outside and which are attached to each other bV Formatted: Font: Times New Roman, 12 pt party walls without openings. Also, commonly called single family attached, row house and Zero -lot line. (SCC 15.10.235). Formatted: Font: Times New Roman, 12 pt (114) 094 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. (115) Transient. ron., r r..,SAENrc.�r Occupancy of dweuUtg unit or sleeping unit for not more- — Formatted: Justified, Indent: Left: 0.387, Hanging: O.5- than 30 days. Formatted: Font: Times New Roman, 12 pt (116) 4004 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 nonprofit within the Ci y 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. wo-family or duplex. See Dwelling) = Formatted: Block 3, Justified, Indent: Left: 0.38^, Hanging: 0.5° (117) n� Utility, public faclllty. An installation owned by an agency under public Formatted: Font: Times New Roman, 12 pt, Not Bold, franchise or ownership, or under certificate of convenience and necessity, providing Not Strikethrough the public with electricity, gas, heat, steam, Communication, water, sewage Collection Formatted: Font: Times New Roman, 12 pt or other similar service. Formatted: Footer Center, Right Formatted: Font: Times New Roman Page 20 Sponsored by: Planning and Zoning Commission Introduction Date: July 26 rr-ry nz, cszzLA Uiz A r A CiI A nnnr�T A �Trz ��-.zz 2021 Formatted: Font: 10 pt, Highlight Public Hearing Date: August 9, 2021 Formatted: Font: 10 pt Enactment Date: September 9, 2021 Page 21 32 Formatted: Right, Widow/Orphan control, Adjust of space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" (118) 0424 Vehicle, motor. A self-propelled device used for transportation of people or Formatted: Font: (Default) Calibri, 10 pt, Not Bold goods over land surfaces and licensed as a motor vehicle. (119) i'� Vending. The sale of food, services or merchandise. Formatted: Header, Widow/Orphan control, Adjust a. Hawking. Is the loud or continuous audible solicitation of business by a vendor space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" to the general public. + 6" b. Mobile vending cart. Is a non -motorized structure or unit on wheels that is easily moved and used for vending. C. Mobile vendor. A person or business that sells food or permitted types of goods from City -approved locations using(i) a licensed vehicle or cart capable of movement; or (ii) a licensed trailer pulled behind a motor vehicle. d. Pre -packaged food. Ready -to -eat food that is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. e. Roving vendor. A person who offers only pre -packaged food items to the public, with or without the use of a licensed motor vehicle, from no fixed location on public property, only on rights of way within designated zoning districts, excluding Fourth Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. f. 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 nonprofit within the City by operating from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Transient merchants operate exclusively from private property. (Note: Transient merchant definition relocated. Previously 15.10.140. B. 95.) (120) 044)—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) Formatted: Block 3, Justified, Indent: Left: o.3B°, (121) 40-54 Water -dependent. A use or activity which can be carried out only on, in or Hanging: 0.5° adjacent to water areas because the use requires access to the water body for water- Formatted: Font: Times New Roman, 1 z pt borne transportation, recreation, energy, production or source of water. (122) 4464 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 Formatted: Footer center, Right result in a public loss of the quality of goods or services offered. Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 21 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 r TY nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 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 accommodations or lodging of guests paving a fee or other compensation for a (124) 40-74 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. b. 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. (125) OW 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. Seward City Code Section 15.10.226 is hereby amended to real Underline = additions and are bold ita&cs): 15.10.226 sand 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) —Lodging./ s defined in section 15.10.14013. is allowed in accordance with table 15.10.225� of this chanter and subiect to the followine conditions: Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Indent: Left: 0.38", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Justified Formatted: Font: (Default) Times New Roman, 12 pt, Bold 11 Formatted: Font: (Default) Times New Roman, Bold Formatted: Font: Times New Roman, 12 pt Formatted: Normal, Justified, Indent: Left: 0", Hanging: 0.38" Formatted: Font: Times New Roman, 12 pt Formatted Formatted Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Footer Center, Right Formatted: Font: Times New Roman Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry Q E*1 Ann A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" fs se-..,,oivnas�r F^•• eAcv—r--r� eir*e thiFd,, +�l�e Formatted: Indent: Left: 0.38", Hanging: 0.5" . , Nu A; r, / a ole ver4eds of tkne .illv hv the d.... as opp ^d te- annva/ ire..t.als inthe nfzrrWnh^.t ...A..•eR&h......:..a F ..tal ..•...ket Th....., an ak-pirmat:.... to .4et-pl.. Formatted: Font: Times New Roman, 12 pt .ati..n from another- per -son f9r- 19GWint7 a .lotions f9r- arind of fpnn than thWt., (on) „ ..Vye efa, .. Formatted: Font: Times New Roman, 12 pt r-equked to r-e-.ide at Me renid^ ^ nit nPnr_.r L^n a s.,...inh^.t �^Is_.,....r�:..^.t .t..,^II:.... rhar cv Formatted: Normal, Justified, Indent: Left: 0.38", ..b..t f.q QheFt p eefs of tkne .,ILv h.. the efa ...t Aq annuaI rP.RtWQ th.. Hanging: 0.38" .:lv used fair a .lotions ^. lodginq i ^ ..th^.. r- 0 Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt (1)_ gegardless of the date such use began, an annual administrative permit is required.- Formatted: Font: Times New Roman, 12 pt Prior to issuing the permit, the City shall conduct an annual life safety inspection of Formatted: Font: Times New Roman, 12 pt, Bold, each guest room to assure compliance with the current adopted building code Strikethrough door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and Formatted: Font: Times New Roman, 12 pt, No visible signs showing exit locations. underline (2)_ ,parking will be provided in accordance with section 15.10.215 of this chapter. omtted: Font: Times New Roman, 12 pt, Bold, [S�tnkeathrough (3)----,No cooking or cooking facilities are permitted in individual guest bedFooms. (3) `0),{g,L_—Wlthm single and two-family residential districts, lodging is limited to a home , Formatted: Font: Times New Roman, 12 pt occupation within an owner -occupied dwelling which is the owners principal place of Formatted: Font: Times New Roman, 12 pt residence and to the rental of not more than 50 percent of the bedrooms to a maximum Formatted: Footer center, Right of five. Formatted: Font: Times New Roman Paee 23 Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 (4) :., o, R2 GG RS and „o Jn all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owners principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. I(A)_444--Within -P�^ a ^wcommerciaistncts, lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. F74 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)_{a-_-The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. {sEj8) f1? JRegardless 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. (c) Mobile vendor as defined in section 15.10.140(B)(98) Vending (C) of this chapter and which are allowed in accordance with table §15.10.225 are subject to the following development requirements: (1) An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. (2) Mobile vendors may operate at designated locations, by permit. Policies and procedures shall be set by resolution of the City Council. (3) The City police department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safe , hazard. (4) No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m. unless otherwise posted. (5) A mobile vendor may only offer, for sale, the following types of goods and services on public property: food and/or non-alcoholic beverages; handicrafts, artwork, jewelry or similar goods or firewood. (6) Licenses. In addition to complying with City of Seward ordinances related to mobile Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Font: Times New Roman, 12 pt Formatted: Normal, Justified, Indent: Left: 0.38", Hanging: 0.38" Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Strikethrough Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Strikethrough Formatted: Font: Times New Roman, 12 pt, Bold, Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Bold, Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Not Strikethrough Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt vendors and applicable regulations, the owner and operator is responsible for applying I Formatted: Footer center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 24 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF E*I Ann A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 rac--oras for and obtaining all other necessary licenses and satisfying the standards of the City_ permit conditions. (7) Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots. (8) Mobile vendor vehicles must be self-contained when operating, except for the required trash and or recycling receptacles, which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. (9) Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. (10) It shall be unlawful for a vendor to attract customers by hawking or physically accosting_ persons. (11) Each mobile vendor vehicle shall Drovide the Citv with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. (12) Any mobile vendor base station shall be properly licensed. (13) Mobile vendors shall comply with all City code, policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license / permit by the City Clerk. (14) Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. (d) Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. (2) Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless otherwise posted. (3) Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped. (4) Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic, and within one foot of the curb or edge of the street. Formatted: Footer Center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 25 of 32, Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF E*I Ann A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 (5) Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than 30 minutes or in front of any premises for any time if the owner or lessee objects. (6) An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. (7) The City police department has the right to close down or request a roving vendor to relocate if vending is causing or contributing to an imminent public safety hazard. (8) In addition to complying with City ordinances and permit conditions related to roving vendors, the owner and operator is responsible for applying for and obtaining all other necessary licenses required for the service of food. The roving vendor vehicle shall be in compliance with the motor vehicle laws of the state, and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or route does not violate dity zoning code. (9) Roving vendors shall comply with all traffic rules. (10) Each roving vendor vehicle must provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. (11) Any roving vendor base station must be properly licensed. (12) Roving vendors shall comply with City code, policesprocedures. Policies and procedures shall be set by resolution of the City Council. Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license permit by the City Clerk. (13) Roving vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. Transient merchants as defined in section 15.10.140B. of this chanter and which are allowed Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. (3) 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 Formatted: Footer center, Right conducted there. Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 26 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF E*I Ann A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 (4) Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter 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 propertypermanent structure or other transient merchant. (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including, but not limited to, porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. (7) Every transient merchant shall provide sufficient trash receptacles on -site and ensure the proper disposal of all garbage collected on the site. (8) The use of generators is prohibited. (9) No transient merchant shall conduct business on property owned or operated by the City except in accordance with chapter 8.10 of this Code. (10) Transient merchants shall conform to all federal, state and local laws. M Reserved. (2) Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits). (2) Livestock fencing shall be no closer than five feet from a property line. (3) A Ci y—aproved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or streams. (4) A City -approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225. (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. (h) Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facili , is in operation. (2) Marijuana establishments shall not to be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the state or local government, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" licensed premises would be located to the outer parcel boundaries of the school, Formatted: Footer Center, Right recreation or youth facility or to the main public entrance of the building in which Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 27 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF E*I Ann A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. (3) In this title, standard or limited marijuana cultivation facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes are classified as a Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an accessory use secondary to a residence may be classified as a Home Occupation use. (4) In this title, a marijuana testing facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as an Office - Business or Professional use. (5) In this title, a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the manufacturing_ process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials in the manufacturing process are classified as a Manufacturing, Light use. (6) In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Business - Retail Sales and Service Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" use- (i) Camping is allowed subject to the following_ (1) 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 15'h and no later than September 30I' (j) 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 employ 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 Formatted: Footer center, Right facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 28 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 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. (k) Short-term rental as defined in subsection 15.10.140105 is allowed accordance with table 15.10.226 of this chapter and subiect to the following conditions: Short-term rental location. A short-term rental Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Indent: Left: 0.38", Hanging: 0.38" For example, a property owner maV not rent a space in an accessory structure that Formatted: Font: Times New Roman, 12 pt is a storage shed or garage. 4.2. Short-term rentals in residential districts. Short-term rental' 9. r,._, .en -a. Formatted: Font: Times New Roman, 12 pt facilities in or adiacent to residential districts shall not infringe upon the right of neighboring residents to reasonable peaceful occupancy of their homes. 3. Annual business &tense and annual permit required for each short-term rental. required by Chapter 8.30. and sepaFate a P „rMv aek-e#WsemeRt of the RhaFt TeFm-Rer+the -sFePer4;=o;:;;e.--.,,asfa;,o,Qo January Ist to December 31st, for the physical address of each short-term Codes shall be applied at the time ofpermit for use. 4. Annual permit information. The property owner shall report to the city the following minimum information: 1. The address of the short-term rental 2. Contact name(s) of the property owner. 3. The total number of nights the short-term rental was occupied for transient accommodation or lodging with bed tax application. 5. Location ofassigned off-street Parking, ifapplicable. 6. Documentation of annual fire safe& inspection signed by the Seward Fire Department. Formatted: rooter Center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 29 of 32, Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.75", Hanging: 0.38", Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.75", Hanging: 0.38" Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 7. Twenty-four (24) hour contact information for the property owner or local representative, 8. A copy of the official Einergencv Management tsunami evacuation route tnav, 5. Application of health, fire safety, and building codes. Short-term rental facilities shall meet all applicable health, fire safety, and building codes. a. New, converted, or annexed short-term rental facilities shall be inspected by the City ofSeward prior to operations. determined by the licensee and verified by fire marshal as part of the annual fire safety inspection. 7. Axged tax provisions. 49.a. All bed tax.(Chapter 5.45), sales (Chapter 5.35), provisions apply. b. The property owner shall both have legal responsibility for the collection of all applicable taxes and remittance ofthe collected taX. a. i.b. If an owner wishes*Gm—wish to discontinue application. 9. Business license and short-term rental permit must be posted. The property owner must conspicuously post and maintain a copy of the property owner's business license and short-term rental permit inside the short-term rental, 10. Advertisement. Any advertisement of the short-term rental must contain the business &cease and short-term rental permit number issued by the City in the advertisement. a. property covered by the Insurance Company will be used as a short-term Formatted Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.38", Hanging: 0.38" Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.75", Hanging: 0.38" Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.38", Hanging: 0.38" Formatted Formatted: Indent: Left: 0.75", Hanging: 0.38" Formatted Formatted: Indent: Left: 0.75", Hanging: 0.38" Formatted Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.38" Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Hanging: 0.38" Formatted that Insurance Company. The Licensee shall verify compliance with this notification requirement by executing and submitting a form affulavit Formatted: Footer center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 30 of 32, Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 r TY nF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 process. b. A licenseeL4Ge n,ee, 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 anV 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. C. A licensees °�e&ee, shall maintain an insurance policy as described in section 12 a & bt.2. Failure to maintain an insurance Policv as described in section license until the coverage is reinstated result in revocation of the short-term rental permit, in the discretion of the a. Ke-estabUshment Matt be allowea aaministrativelV upon proot omith, compliance and remittance of the monetary penalty, and any other fees necessary for permit issuance. 14144thin the annual P mits Provided by the ea.. the .. eFty emqeF 1. T.hp gdd.re8S-0s ttie &hort_Term --Rental, . nd Me .,ta..r me(s) of the propertv owner-. z fetal number s tit Mat ttie Q.hg..t T O 4 far e—N�Rs—t e�na—�-.ewt�„—..zs—cam Ara.g.iant e..1e.A..i.,a with bed Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.38" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Hanging: 0.38" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.75", Hanging: 0.38", Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Sponsored by: Planning and Zoning Commission Introduction Date: Jul 26 rr-ry QF cs*aLA nn A r A ciI A Public Hearing Date: August 9, 2021 Enactment Date: September 9, 2021 Section 33. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the XX-16* day of XXXXJ* 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk THE CITY OF SEWARD, ALASKA Christy Terry, Mayor (City Seal) Formatted: Font: 10 pt, Highlight Formatted: Font: 10 of Formatted: Right, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: 6.5", Right + Not at 3" + 6" Formatted: Font: (Default) Calibri, 10 pt, Not Bold Formatted: Header, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 3" + 6" Formatted: Indent: Left: 0", Hanging: 0.38" Formatted: Font: Italic, Underline, Not Highlight Formatted: Font: Not Bold, No underline Formatted: Indent: First line: 0" Formatted: Footer Center, Right Formatted: Font: Times New Roman Ordinance 2020-XX-' Page 32 of 32,