HomeMy WebLinkAbout11162021 Planning & Zonine Work Session PacketPlanning and Zoning Commission
Work Session
November 16, 2021
6:00 P.M. City Hall Council Chambers, 410 Adams Street
Planning and Zoning Work Session Agenda
1. Finish review of Title 15 Dwelling, Lodging, and Housing Definitions ....................Pg 3
a. specifically, regarding the definition of Substance Abuse Treatment Facility
under'Housing Unit'.........................................................................................Pg 10
b. City of Anchorage examples............................................................................Pg 26
c. City of Soldotna examples................................................................................Pg 29
2. Review what requirements the Commission can make in a CUP ............................Pg 30
a. Public Hearing Posting Requirements
b. CUP Requirements....................................................................................Pg 33
i. Employee Campgrounds
ii. Building Use (short-term/long-term housing
3. Discuss adding Light Manufacturing to the Land Use Table in the Central Business
District.............................................................................................................................Pg 36
a. City of Kenai.......................................................................................................Pg 43
b. City of Anchorage..............................................................................................Pg 51
c. City of Soldotna.................................................................................................Pg 56
4. Discuss changing Height Requirements in City Code................................................Pg 62
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Sponsored by: Planning and Zoning Commission
Introduction Date: October 25, 2021
Public Hearing Date: November 8, 2021
Enactment Date: November 18, 2021
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
An Ordinance of the Seward City Council, Amending Portions of Seward City
Code 15.10.140 Definitions, to Amend Definitions Related to: Apartment,
Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit,
Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging,
Motel, Multistory Unit, Owner, Short -Term Rental, Short -Term Rental
Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly,
Amending 15.10.226 J Employee Campground, and Enacting Language 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, the 05/19/2020, 10/20/2020, 12/15/2020, 1/19/2021 5/4/2021, 7/6/2021,
8/17/21, and the 9/21/21 public work sessions specifically addressed 15.10.140 and 15.10.226
Definitions and Land Uses Allowed; and
WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and
requests of the public and promote economic growth; and
WHEREAS, it is in the public interest to maintain a city code that reflects community
needs; and
WHEREAS, it is in the public interest to maintain a city code that reflects the international
building and fire code; and
WHEREAS, at its July 26, 2021 meeting, the City Council failed ordinance 2021-006
Amending portions of Seward City Code 15.10.140 Definition; 15.10.226 Land Uses Allowed,
requesting a joint work session with the Planning and Zoning Commission and further review.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows:
(lam = deletions, Underline = additions and are bold italics):
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
15.10.140 Definitions.
(a) General interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "plot" or "parcel."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall be construed to
include the words "intended," "arranged," or "designed to be used or occupied."
(b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
(1) Accessory structure. A detached structure that:
a. Is clearly incidental to and customarily found in connection with a principal
building or use;
b. Is subordinate to and serves a principal building or use;
C. Is subordinate in area, extent or purpose to the principal building or use served;
d. Contributes to the comfort, convenience or necessity of occupants, business or
industry in the principal building or use served; and
e. Is located on the same or adjacent lot under the same ownership as the principal
building or use served.
An accessory structure shall be considered to be a part of the main building when
joined by a common wall or connected by a breezeway to the main building.
Accessory structure means any structure regardless of type of foundation or base
support, including skid -mounted or other moveable structures.
(2) Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture,
viticulture, or animal and poultry husbandry including buildings used to shelter farm
implements, hay, grain, poultry, livestock or other farm produce in which there is no
human habitation and which is not used by the public.
(3) Airport. A place where aircraft can land and take off, usually equipped with hangars,
facilities for refueling and repair, various accommodations for passengers, and
business lease sites.
(4) Alley. A dedicated public way which affords a secondary means of access to abutting
property and not intended for general traffic circulation.
(5) Alteration. Any change, addition or modification in the construction, location or use
of a building.
(6) Amusement and recreation facility. Establishment engaged primarily in providing
entertainment for a fee including such activities as bowling alleys, billiards and pool,
dance hall, pinball machines, video games or other similar player -operated
amusement devices.
(7) Antenna. A device used to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbital based structures. Includes satellite dish.
(8) Apartment. Any portion of a building which is designed, built, rented, leased, let or
hired out to be occupied or which is occupied as the home or residence of an
individual for daily livinz and doing their own cookinz independently of any other
individual or family in the same buildinz.
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
a. Commercial buildinz apartment. An apartment located within a building
designed to accommodate a mix of residential and commercial uses.
b. Efficiency apartment (also called accessory apartment). A single separate
dwellin,- unit consistin- of not more than one habitable room which includes
combined kitchen, dinin,- and sleepin,- areas with accompanyin,- sanitary
facilities, and which is located within or shares a common wall with a single-
family dwelling.
C. Owner or manazer apartment. An apartment within a buildin'- that is
designed to be used exclusively as the livin,- quarters for the owner or
manager's family of that buildinz or a commercial business located in the
buildinz.
d. Studio apartment. A small apartment less than 500 square feet with a fully
functional kitchen and bathroom.
Auto repair station. A place where a qualified automotive mechanic provides services
such as general motor vehicle and engine repair, reconditioning or rebuilding, and
collision service including body, frame and fender straightening and repair, painting
and undercoating of motor vehicles.
10 Auto service station. A place used primarily for the retail dispensing of motor fuels
and/or installation of tires, batteries and other accessories and services which do not
customarily or usually require the services of a qualified automotive mechanic. Also
known as a gas station.
(Bed and breakfast. See Hosted Lodging Unit)
11 Boarding house
a. An owner -occupied building which has not more than five rooms available
for rent or lease on other than a day-to-day basis and not open to transient
muests for residential occupancy and in which no cookin'- or dinin'- facilities
are provided in the individual rooms.
b. Meals may be re-ularly prepared and served for compensation at a table,
family -style, without service or ordering of individual portions from a menu.
C. The term includes lodging house or rooming house but does not include
separate apartments with individual kitchen and bath facilities. (See Lodging)
12 Brewpub. An establishment that is primarily an eating place which includes the
brewing of beer as an accessory use.
13 Building. Any structure built for the support, shelter or enclosure of persons, animals,
chattels or property of any kind.
14 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.
1 _S 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-way that is accessible to fire suppression personnel and rescue
equipment, shall be selected by either of the following, whichever yields the greater
height of the building:
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
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 Building_ principal or main. A building in which is conducted the principal or main
use of the lot on which the building is situated. Attached garages, porches and
carports shall be considered to be part of the principal building.
(Bunkhouse. See Housing)
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) Business License. A permit issued by government agencies that allows individuals
or companies to conduct business within the government's geographical jurisdiction.
20 Business, personal service. The conduct of business where personal assistance is
offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
21 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.
22 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.
23 Camping unit. A tent or recreational vehicle.
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.
25 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.
26 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.
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
27 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.
28 Cluster subdivision. A development design technique that permits a reduction in lot
area provided there is no increase in the number of lots permitted under a
conventional subdivision or increase in overall density of development by
concentrating buildings in specific areas on a site to allow the remaining land to be
used for recreation, common open space and preservation of environmentally
sensitive areas.
(Commercial building Martment. See Apartment
29 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.
30 Commercial use. An occupation, employment or enterprise that is carried on for profit
by the owner, lessee or licensee.
(Condominium. See Dwelling)
(Convalescent or nursing home. See Housing Unit)
31 Convenience store. A small-scale neighborhood grocery establishment offering for
sale prepackaged food products, household items and other goods commonly
associated with the same and having a gross floor area of less than 5,000 square feet.
(Dormitory. See Housing)
32 Drinking establishment. Any premises wherein the principal purpose is the retail sale
of alcoholic beverages for consumption on the premises and minors are excluded
therefrom by law. Includes bar, cocktail lounge, tavern and nightclub.
33 Drive-in facilit.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.
34 Dwelling. Means any building or portion thereof designed or arranged to provide
year -around living for residential occupancy by not more than one family and
includes facilities for sleeping, cooking and sanitation.
a. Condominium. A form of housing ownership by which a person may purchase
and own one dwelling unit in a multiunit building or development. Each owner
owns a common interest in such things as the underlying land, common walls,
stairwells, elevators, lobbies, laundry rooms and recreation rooms.
b. Duplex. A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extendinz from ground to
roof or unpierced ceilinz and floor extendinz from exterior wall to exterior
wall, except for a common stairwell exterior to both dwellinz units.
C. Guest house. An accessory building occupied on a temporary basis solely by
nonpaying guests.
d. Mobile home. A factory -built home designed to be used as a year-round
residential dwelling and originally designed and mounted on wheels and/or axle
supports for transportation by another vehicle.
VA
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
e. Modular home. A factory -built residential structure that is transportable in one
or more sections, is built on a permanent chassis, and is used as a place of human
habitation, but which is not constructed with a permanent hitch or other device
allowing transport of the unit other than for the purpose of delivery to a
permanent site, and which does not have wheels or axles permanently attached
to its body or frame. Includes factory -built and manufactured home.
f Multiple-family.A building designed as a residence for three or more families,
with the number of families in residence not exceeding the number of dwelling
units provided and each living independently of the other under one roof.
(Single-family, attached. see townhouse)
& Single-family A building designed and/or used exclusively for occupancy of
one family and entirely surrounded by open space on the same lot.
h. Unit, dwelling unit. A single unit providing complete, independent living
facilities for one or more persons, including permanent provisions for living,
sleepinz, eatinz, cookinz, and sanitation.
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.
35 Family.Any number of individuals not necessarily related by blood, marriage,
adoption or guardianship living together in a dwelling unit as a single housekeeping
unit and distinguished from a group occupying a rooming house, club, fraternity
house or hotel.
36 Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal
commonly kept as livestock.
37 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.
38 Floor area, useable. That area used for or intended to be used for the sale of
merchandise or services or as leasable office space as measured from the interior
surfaces of the walls enclosing that part of the building. Such floor area which is used
or intended to be used for the storage or processing of merchandise, hallway or for
utilities or sanitary facilities is excluded from this computation of useable floor area.
39 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.
40 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.
41 Greenhouse, commercial. A light -permeating structure used for cultivating and
growing plants in a controlled temperature and humidity environment where such
plants are offered for sale either on the premises or at another location.
(Group care home. See Housing Unit)
(Guest house. See Dwelling)
42 Guest Room. A room used or intended to be used by one or more guests for living
or sleepinz purposes.
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
43 Guide service. Any premises used for collecting or returning persons from recreation
trips when remuneration is provided for the service.
(Halfway house. See Housing Unit)
44 Health club. Includes, but is not limited to, gymnasiums (except public), private clubs
(athletic, health or recreational), reducing salons and weight control establishments.
45 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.
46 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.
47 Home professional office. A home occupation consisting of the office of a
practitioner of a recognized profession.
48 Hostel. A building, or portion thereof, in which temporary or overni,-ht lodzin,- is
Provided for hikers, cyclists or other travelers not zenerally travelin'- by car. (See
Lodging)
49 Hosted lodging unit.
a. An owner occupied sin -le -family residential dwellin'- where the owner
resides at the dwellinz unit while it is bein,- rented.
b. A room or -roup of rooms in which sleepin,- accommodations are furnished
for compensation or other services may be furnished by the owner or operator
to any individual not a family member.
C. A hosted lodzin,- is limited to a home occupation within an owner -occupied
dwellinz which is the owner's principal place of residence and to the rental
of not more than 50 percent of the bedrooms to a maximum of five.
50 Hotel. A facility with six or more guest rooms and on -premises management
offering transient lodging accommodations to the general public on a daily rate
where access to all sleepin,- rooms is through a main entrance and which may
Provide food, entertainment, meetinz rooms, recreational facilities or various
personal services. Includes lod,-es and inns.
51 Housing Unit. A dormitory or a group 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.
C. Dormitor.A building used as residential group living quarters for a student
body or religious order as an associated use to a school, orphanage or other
similar institutional use, and does not include kitchen facilities except a group
kitchen facility to serve all residents.
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
d. Group care home. A dwelling shared by no more than five disabled persons,
plus resident staff, who live together as a single housekeeping unit and in a
long-term, family -like environment in which staff persons provide care,
education and participation in community activities for the residents with the
primary goal of enabling residents to live as independently as possible in order
to reach their maximum potential. The term "group care home" shall not include
alcoholism or drug treatment centers, work release facilities for convicts or ex -
convicts or other housing facilities serving as an alternative to incarceration.
e. Halfway house. A licensed home for inmates on release from more restrictive
custodial confinement, or initially placed in lieu of more restrictive custodial
confinement, wherein supervision, rehabilitation and counseling are provided
to mainstream residents back into society, enabling them to live independently.
Such placement is pursuant to the authority of the Alaska Department of
Corrections.
f. Substance abuse treatment facility. A facility for the purposes of temporary
or long-term inpatient treatment of victims of alcohol or drug use or
addiction.
52 Insurance Company. Any insurance agent and/or company through which a
Licensee has obtained an insurance policy to protect the property being used as a
Short -Term Rental.
53 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.
54 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.
_S_S Listing. The profile of a property on a listing site or Online Travel Agency and
generally includes a title, description, photos and pricing.
56 Listing site. Also known as "Online Travel Agency (OTAPThird-party agents that
list accommodations and advertise them through their own network. VRBO and
Airbnb are examples of vacation rental listing sites.
57 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 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.
59 Lodging. The renting out of a dwelling, or portion thereof, to provide overnight
sleeping accommodations for a period of less than 30 consecutive days.
60 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;
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
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
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
from adjacent lots can be constructed with a common party wall providing
a proper fire wall rating. All other aspects are the same as in conventional
development.
11. Lot width. The average horizontal distance separating side lot lines of a
lot and at right angles to its depth.
61 Lumber a�An establishment that sells sawn timber and other building materials
typically stored on the premises.
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 Manufacturing, light. A use engaged in the manufacture, predominantly from
previously prepared material, of finished products or parts, including processing,
is
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
fabrication, assembly, treatment, packaging, incidental storage, sales and distribution
of such products, but excluding basic industrial processing.
64 Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute
17.38.900 and any amendments thereto.
65 Marijuana establishment. Marijuana establishment means a marijuana cultivation
facility, a marijuana testing facility, 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 facilit3L-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 _ facilit,-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 facilit.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
to sell marijuana and marijuana products to consumers.
66 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 Marina. A facility for storing, servicing, fueling, berthing and securing and launching
of boats that may include the sale of fuel and incidental supplies for the boat owners
and guests. Also includes harbor.
(Mobile home. See Dwelling)
68 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 Mobile medical unit. A trailer, motorized coach or van capable of being transported
from place to place, containing medical equipment such as a CT scanner, MRI or
similarly complex medical diagnostic device or decontamination equipment.
(Modular home. See Dwelling)
im
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
70 Motel. A building, or group of detached or connected buildin,-s, having six or more
guest rooms, an on -premises manager and parking conveniently located on the
premises, which are desi,-ned primarily to offer sleepin,- accommodations, with or
without meals, to the motoring public on a daily rate. Includes designations such
as motor lod,-es, auto courts, tourist courts and similar terms. (See Lodging)
Multiple -family. See Dwelling)
71 Multistory Unit. A dwelling unit or sleeping unit with habitable space located on
more than one story.
72 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 Noxious use. A use which is injurious or harmful to health, highly disagreeable or
offensive.
75 Office. A building or portion of a building wherein services are performed involving
predominantly administrative, professional or clerical operations; i.e., travel,
insurance, employment, utility, public service or government agencies.
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.
77 Owner. Any person, anent, operator, entity, firm or corporation having any leg -al
or equitable interest in the property; or recorded in the official records of the state,
borou,-h or municipality as holdin,- an interest or title to the property; or otherwise
Navin,- possession or control of the property, includin'- the 'quardian of the estate
of any such person, and the executor or administrator of the estate of such person
if ordered to take possession of real property by a court.
78 Park. Any public land available for recreational, educational, cultural or aesthetic use.
79 Parkin area. rea. 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 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 Parking space, off-street. A designated area sufficient in size to accommodate one
motor vehicle, exclusive of maneuvering room, designed with adequate independent
access to, but located off, any street, alley or other right-of-way.
82 Parking, valet. Attendant parking provided as a service to patrons of commercial
establishments.
83 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.)
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84 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 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.
86 Professional office. The office of a member of a recognized profession maintained
for the conduct of that profession.
87 Recreational, indoor commercial. A facility accommodating such indoor recreation
activities as skating rinks, bowling lanes or shooting/archery ranges.
88 Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice
rinks, playing fields or miniature golf.
89 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 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 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 Recycling collection point. An incidental use serving as a neighborhood drop-off
point for temporary storage of recoverable resources. No processing of such items
would be allowed. This facility would generally be located in a shopping center
parking lot or in other public/quasi-public areas such as churches and schools, as
opposed to being allowed on residential or vacant lots.
93 Repair service, household/appliance. A business establishment where repairs are
made to appliances and furniture.
94 Residence. A home, abode or place where an individual is actually living at a specific
point in time.
95 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 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
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
b. A cafeteria -type operation where food and beverages generally are consumed
within the restaurant building.
97 Restaurant, fast-food. An establishment whose principal business is the sale of
quickly prepared, ready -to -eat food and/or beverages for consumption within the
restaurant building, within a motor vehicle parked on the premises, or off the
premises as carry -out orders, and whose principal method of operation includes the
following characteristics: orders are generally taken at a main counter or drive -up
window and food and/or beverages are usually served in disposable wrapping or
containers. This includes drive-in and carry -out restaurants.
98 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 Salvage yard auto wrecking scrap, funk). 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 School. Any public, religious or nonprofit facility providing a general curriculum of
academic or vocational instruction serving any or all grades between kindergarten
and twelfth grade.
101 School, commercial. A facility providing commercial instruction in such activities as
music, dance, arts, crafts and sailing.
102 School, adult vocational..A facility providing a general curriculum of adult academic
or vocational instruction.
103 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 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.
(105) Short -Term Rental Permit. An official document issued by the City verifyinz that
an individual has met all the requirements to le -ally operate a hosted lodzinz unit
or whole house nizhtly within City limits.
106 Short -Term Rental (STR). Furnished self-contained homes that are rented for
short periods of time, usually by the day as opposed to annual rentals in the
unfurnished apartment/housinz rental market.
107 Short -Term Rental Transaction. A transaction whereby a Licensee accepts
payment or any other remuneration from another person for lodzin
accommodations for a period of less than thirty (30) consecutive days.
(Single-family, See Dwelling)
108 Sleeping Unit. A room or space in which people sleep, which can also include
permanent provisions for livinz, eatinz, and either sanitation or kitchen facilities
but not both. Such rooms and spaces that are also part of a dwellinz unit are not
sleepinz units.
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109 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.
110 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.
C. Self-service. A building or group of buildings consisting of individual, small,
self-contained units that are leased or owned for storage of business and
household goods or contractors' supplies. Includes mini warehouses.
d. Warehouse and distribution. A building used primarily for the storage and/or
distribution of goods, products, materials, supplies and equipment, but
excluding bulk storage of materials that are flammable or explosive or that
create hazardous or commonly recognized offensive conditions.
111 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.
112 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.
113 Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt.
114 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.
115 Townhouse. A building containing two or more dwelling units, each of which has
Primary zround floor access to the outside and which are attached to each other by
Party walls without openin-s. Also, commonly called sin -le family attached, row
house and zero -lot line. (SCC 15.10.235).
116 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.
117 Transient. Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
118 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
on a door-to-door, street corner or similar basis; or from no fixed location or office;
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
or from a location out-of-doors or in quarters that are easily moveable, such as a
temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers,
solicitors, itinerant merchants and vendors. Does not include vehicles for hire.
(Two-family, o�plex. See Dwelling)
119 Utility, public facility.An installation owned by an agency under public franchise or
ownership, or under certificate of convenience and necessity, providing the public
with electricity, gas, heat, steam, communication, water, sewage collection or other
similar service.
120 Vehicle, motor. A self-propelled device used for transportation of people or goods
over land surfaces and licensed as a motor vehicle.
121 Vending. The sale of food, services or merchandise.
a. Hawking. Is the loud or continuous audible solicitation of business by a vendor
to the general public.
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.)
122 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)
123 Water -dependent. A use or activity which can be carried out only on, in or adjacent
to water areas because the use requires access to the water body for water -borne
transportation, recreation, energy, production or source of water.
124 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
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CITY OF SEWARD, ALASKA
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land or waterway use and which, if not located adjacent to water, would result in a
public loss of the quality of goods or services offered.
125 Whole House Nightly. Non -Hosted lodging unit for which the owner (or authorized
anent) is not required to reside at the residence unit. Describes a furnished self-
contained dwellinz that is rented for short periods of time, usually by the day as
opposed to annual rentals in the unfurnished apartment/housinz rental market.
Primarily used for accommodations or lod,-in,- of muests payin,- a fee or other
compensation for a period of less than 30 consecutive days.
126 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.
127 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 read as follows:
(Stfi et4 -e .i,s = deletions, Underline = additions and are bold italics):
15.10.226 Land uses allowed.
(a) Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter (See Table
15.10.226)
(b) Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of
this chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required.
Prior to issuing the permit, the City shall conduct an annual life safety inspection of
each guest room to assure compliance with the current adopted building code
door/window egress standards, the presence of an operable and inspected fire
extinguisher and adequate smoke detection systems, a posted evacuation plan, and
visible signs showing exit locations.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
Within residential districts, a hosted lodging unit is limited to a home occupation within
an owner -occupied dwelling which is the owner's principal place of residence and to
the rental of not more than 50 percent of the bedrooms to a maximum of five.
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
(4)Within commercial districts, a hosted lodging unit is limited to the rental of not more
than five guest bedrooms regardless of building or business ownership.
(5) Within commercial districts as well as OR and R3, whole house nizhtly rentals are
limited to the rental of not more than five guest bedrooms.
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.
(7) The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
Regardless of business name, the use of more than five guest bedrooms or apartments
is considered a motel or hotel for building and other code interpretation purposes.
(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 safety 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
vendors and applicable regulations, the owner and operator is responsible for applying
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 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
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
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.
(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 city 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.
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
(12) Roving vendors shall comply with City code, policy and procedures. 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.
(e) Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
(1) For purposes of this chapter, such use 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
conducted there.
(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 property line, permanent 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.
(f) Reserved.
(g) 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 City -approved 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.
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CITY OF SEWARD, ALASKA
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(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 facility 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
licensed premises would be located to the outer parcel boundaries of the school,
recreation or youth facility or to the main public entrance of the building in which
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
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 and no later than September 30.
(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 employment
of transient workers, and are not to be construed as construction camps. No employee
campground may be open for more than 150 days per calendar year, and may not
open earlier than April 15, nor remain active later than September 30, except by
resolution of the City Council based on specific findings that a longer term, earlier
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
opening date and/or later closing date is warranted because of special
circumstances. ("current wording in code)
(2) Campin,- units as described in 15.10.140 are not permitted. For the purposes of this
section, a campinz unit is described as a temporary sin, -le unit providinz livinz
facilities for one or more persons.
1. Camping units shall have at least 10 feet of clear space between each camping
M(**suggested addition to code)
(3) Occupancy in an employee campground is limited to the transient workers of that
industry or business granted a conditional use permit .
(4) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee
campgrounds.
(5) Sanitary facilities shall be provided and include either permanent or portable toilets. If
permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower
facilities may either be on -site in conformance with section 8.15.425(b), or provided
on the job site of the employer.
(6) 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.
("current wording in code)
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 followinz conditions:
1. Short-term rental location. A short-term rental may only be offered in a space
intended for human habitation. For example, a property owner may not rent a space
in an accessory structure that is a stora,-e shed or zaraze.
2. Short-term rentals in residential districts. Short-term rental facilities in or adiacent
to residential districts shall not infrinze upon the ri,-ht of neizhboring residents to
reasonable peaceful occupancy of their homes.
3. Annual business license and annual permit required for each short-term rental.
a. Short-term rental operators shall obtain a city business license, as required by
Chapter 8.30.
b. All short-term rentals shall receive an annual permit from January 1st to
December 31st, for the physical address of each short-term rental location,
under limited administrative review, documentinz conformance with City Code
and agreement to conform to all permits and licenses. The International Fire,
Residential, and Buildinz Codes shall be applied at the time of permit for use.
4. Annual permit information. The property owner shall report to the city the followinz
minimum information:
1. The address of the short-term rental.
2. Contact name(s) of the property owner.
3. The total number of nizhts the short-term rental was occupied for transient
accommodation or lodzinz with bed tax application.
4. The Short -Term rental's maximum occupancy.
5. Location of assi,-ned off-street parkinz, if applicable.
6. Documentation of annual fire safety inspection si,-ned by the Seward Fire
Department.
23
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
7. Twenty-four (24) hour contact information for the property owner or local
representative.
8. A copy of the official Emergency Mana,-ement tsunami evacuation route map.
5. Application of health, fire safety, and buildin'- codes. Short-term rental facilities
shall meet all applicable health, fire safety, and buildin'- codes.
a. New, converted, or annexed short-term rental facilities shall be inspected by the
City of Seward prior to operations.
6. Number of available bedrooms verified The number of available bedrooms shall be
determined by the licensee and verified by fire marshal as part of the annual fire
safety inspection.
7. Bed tax provisions.
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 of the collected tax.
8. Required fee. A $150 fee due at the time of new short-term rental application, which
is separate from the required City ofSeward business license fee required by Chapter
8.30.
a. Renewals will be accepted every October (regardless of the original date o
application) for a fee of $100.
b. If an owner wishes to discontinue short-term rental operation, no action is
required as the license will automatically close when the renewal fee isn't paid
If after short-term rental (STR) is discontinued and the applicant wishes to
restart short-term rental operation, the applicant is required to file a new short-
term 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 license and short-term rental permit number issued by the City in the
advertisement.
11. Short -Term Rental Insurance Requirements.
a. A licensee shall inform his or her Insurance Company that the property
covered by the Insurance Company will be used as a short-term rental before
any short-term rental transaction is processed, re-ardless of whether the
licensee obtains liability insurance for the short-term rental throe'-h that
Insurance Company, The Licensee shall verify compliance with this
notification requirement by executin,- and submittin- a form affidavit
provided to the Community Development Department Burin,- the application
process.
b. A licensee shall maintain liability insurance to cover use of the Short -Term
Rental in an amount determined appropriate by the Insurance Company
insurin,- such Short- Term Rental, but in any case, no amount of less than
one million dollars ($1,000,000) in the acre, -ate. Such covers,-e 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 throu,-h
a Hostin,- Platform that provides equal or-reater insurance covers,-e for
24
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
each Short -Term Rental Use, provided that the Licensee abides by the
notification requirements.
C. A licensee shall maintain an insurance policy as described in section 12 a &
b. Failure to maintain an insurance policy as described in section 12 a & b
shall be cause for automatic suspension of the Short -Term Rental license
until the coverage is reinstated.
12. Violation of the conditions of a permit may result in revocation of the short-term
rental permit, in the discretion of the City and may result in a fine, up to $1000 in
accordance with $ 1.05.010.
a. Re-establishment shall be allowed administratively upon proof of compliance
and remittance of the monetary penalty, and any other fees necessary for
permit issuance.
Section 3. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the XX day
of XXXX 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
(City Seal)
PIR
City of Anchorage Municipal Code
21.05.030 Residential uses: Definitions and use -specific standards.
This section defines the general residential use categories and specific residential use types listed in Table
21.05-1. This section also contains use -specific standards that apply to specific use types. The use -specific
standards apply regardless of whether the use type is permitted as a matter of right, or subject to a site plan or
conditional use review process.
A. Household living. This category is characterized by residential occupancy of a dwelling unit by a
"household," which is defined in Chapter 21.15. Tenancy is arranged on a month -to -month or longer
basis. Common accessory uses include recreational activities, raising of pets, gardens, personal storage
buildings, hobbies, and parking of the occupants' vehicles. Specific use types include:
Group living. This category is characterized by residential occupancy of a structure by a group of people
who do not meet the definition of "Household Living." The size of the group may be larger than a
family. Generally, structures have a common eating area for residents. The residents may receive care,
training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly
include recreational facilities and vehicle parking for occupants and staff. Specific use types include:
1. Assisted living facility.
a. Definition. A facility that provides housing and ancillary care services on a residential basis
to three or more adults, and adolescents in appropriate cases as allowed by exception. A
small assisted living facility is defined as a group of three to eight residents. A large assisted
living facility is defined as a group of nine or more residents.
Use -specific standards for assisted living facilities.
i. An assisted living facility may only occupy a type of household living structure
that is permitted in the zoning district.
ii. All construction after January 1, 2016, shall comply with the applicable
residential design standards in section 21.07.110, Residential Design Standards.
iii. Assisted living facilities shall comply with the dimensional standards in tables
21.06-1, 21.06-2, 21.10-6, and 21.10-7 of the applicable residential structure
type.
iv. If the elements of the facility that are not directly related to residential uses,
such as administrative offices, classrooms, auditoriums, and the like, exceed 20
percent of the total gross floor area of the assisted living facility, then the
facility shall require conditional use approval.
2. Correctional community residential center.
a. Definition. A community residential facility, other than a correctional institution, for the
short-term or temporary detention of people in transition from a correctional institution,
performing restitution, or undergoing rehabilitation and/or recovery from a legal infirmity.
This does not include people who pose a threat or danger to the public for violent or sexual
misconduct or who are imprisoned or physically confined under guard or 24-hour physical
supervision.
Use -specific standards.
(Supp. No. Ma 74)
Created: 2021-08-25 09:11:03 [EST]
`11
Standards for centers established after January 1, 1995. The following
standards apply to all correctional community residential centers established
after January 1, 1995:
(A) The addition of beds requires modification of the conditional use
approval and authorization by the municipality under the Anchorage
Health Department permit.
(B) No new correctional community residential center may be located within
1,250 feet of an existing center, a public park, or a school or instruction
service serving any combination of grades kindergarten through 12,
unless the planning and zoning commission determines that a reduction
in separation distance is warranted based upon the program proposed
and any other circumstances the commission deems appropriate. If the
commission reduces the separation distance, it shall adopt findings of the
facts upon which such reduction is based.
(C) Program occupancy limits and program requirements shall be as
determined under AMC Chapter 16.80 and shall not exceed limits
established by the state department of corrections.
(D) Each center shall have a minimum of 50 square feet of outdoor
recreation area per maximum resident occupancy.
(E) Centers that house felons are only permitted by conditional use in the I-1
and PLI districts. Centers allowed in other districts may only house
residents convicted of misdemeanors.
(F) No additional correctional community residential centers may be located
in the DT zoning districts or in a B-3 zoning district in the area bounded
on the north by Ship Creek, on the south by Chester Creek, on the east by
Orca Street extended, and on the west by Cook Inlet.
(G) CCRCs shall not house sex offenders.
Existing centers established under quasi -institutional house provisions. The
three correctional community residential centers that were established under
the quasi -institutional house provisions of title 16 and title 21 of this code and
that existed as of January 1, 1995, may continue to operate under the terms of
their existing conditional use permits, subject to applicable permitting under
the Anchorage Health Department. No other beds may be added to these
centers except that the conditional use approval may be modified for the
number of beds in a CCRC with internal building area greater than 30,000
square feet if, and only if, the minimum space ratios permitted under chapter
16.80 are met without enlarging the outer dimensions of the center.
3. Habilitative care facility.
a. Definition. A residential facility, other than a correctional center or transitional living facility, the
principal use or goal of which is to serve as a place for persons seeking rehabilitation or recovery
from any physical, mental, or emotional infirmity, or any combination thereof, as part of a group
rehabilitation and/or recovery program utilizing counseling, self-help, or other treatment or
assistance, including, but not limited to, substance misuse rehabilitation. Such care for persons
age 18 and under, who are under the jurisdiction of the state division of juvenile justice, shall be
considered habilitative care, and not a correctional community residential center. A small
habilitative care facility shall provide housing for no more than eight residents, including any
(Supp. No. Ma 74)
Created: 2021-08-25 09:11:03 [EST]
27
support staff living at the facility. A medium habilitative care facility shall provide housing for nine
to 25 residents, including any support staff living at the facility. A large habilitative care facility
shall provide housing for 26 or more residents, including any support staff living at the facility.
b. Use -specific standards.
i. An habilitative care facility may only occupy a type of household living structure that is
permitted in the zoning district.
ii. Habilitative care facilities constructed after January 1, 2016, shall comply with the
applicable residential design standards in section 21.07.110, Residential Design Standards.
iii. Habilitative care facilities shall comply with the dimensional standards in tables 21.06-1,
21.06-2, 21.10-6, and 21.10-7 of the applicable residential structure type.
iv. If the elements of the facility that are not directly related to residential uses, such as
administrative offices, classrooms, auditoriums, and the like, exceed 20 percent of the total
gross floor area of the habilitative care facility, then the facility shall require conditional use
approval.
4. Roominghouse (*Removed for irrelevance, CB)
5. Transitional living facility.
a. Definition. A facility providing temporary housing with services to assist homeless persons
and families and persons with special needs to prepare for and obtain permanent housing
within twenty-four months. The facility provides 24-hour a day, seven days a week
programmatic assistance or services for self-sufficiency skills to its tenants, and may
provide services such as, but not limited to, on -site assistance in learning independent
living skills (shopping, cooking, financial budgeting, preparing for job interviews, preparing
resumes, and similar skills), and referral to off -site education and employment resources
(GED completion, job training, computer training, employment services, and the like) to
assist the tenants in becoming financially self-sustaining.
(AO 2012-124(S), 2-26-13; AO 2013-117, 12-3-13; AO No. 2014-58, § 1, 5-20-14; AO No. 2015-133(S), § 4, 2-23-16 ;
AO No. 2017-160 , § 1, 12-19-17; AO No. 2018-118 , § 2, 1-1-19; AO No. 2020-23 , § 2, 3-10-20; AO No. 2020-24 , §
1, 3-10-20)
(Supp. No. Ma 74)
Created: 2021-08-25 09:11:03 [EST]
28
City of Soldotna — Municipal Code—17.10.130 - Definitions
"Community Residence" is a general term that includes the following:
L"Community Residence for the Handicapped" means a dwelling shared by at least 5 but not
more than 9 handicapped persons, including resident staff, who live together as a single
housekeeping unit and in a long-term, family -like environment in which staff persons provide
care, education, and participation in community activities for the residents with the primary
goal of enabling the residents to live as independently as possible in order to reach their
maximum potential. As used herein, the term "handicapped" shall mean having: a) a physical
or mental impairment that substantially limits one or more of such person's major life
activities so that such person is incapable of living independently; b) a record of having such
an impairment; or c) being regarded as having such an impairment. However, "handicapped"
shall not include current illegal use of or addiction to a controlled substance, nor shall it
include any person whose residency in the home would constitute a direct threat to the
health and safety of another individual. The term "community residence for the handicapped"
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.
2."Emergency Shelter" means a facility, the principal use of which is to provide temporary
protection and room and board without compensation for individuals, families, or both for an
average stay of 30 days or less per person. Such a facility, while primarily providing temporary
shelter for persons in distress, may also offer such supportive services as counseling, therapy,
and placement.
3."Correctional Community Residential Center (CCRC)" means a facility for the short-term or
temporary (normally not to exceed 6 months) detention of persons in transition from a
correctional institution, performing restitution, or undergoing rehabilitation or recovery from
a legal infirmity. CCRC's may not be used for detention of persons who pose a threat or
danger to the public for violent or sexual misconduct without imprisonment or physical
confinement under guard or 24-hour physical supervision.
CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP
ATTORNEYS AT LAW
SUITE 302
911 WEST EIGHTH AVENUE
ANCHORAGE, ALA SKA 99501
TELEPHONE: (907) 272-8401
FACSIMILE: (907) 274-3698
bcf@bcfaklaw.com
MEMORANDUM
TO: Stephen Sowell
Assistant City Manager
FROM: Sam Severin
City Attorney
RE: Notice Requirements for Conditional Use Permits
DATE: November 9, 2021
At a recent conditional use permit hearing, a question arose where the City had complied with
the required notices required under Seward City Code §15.01.040 (a)(1) and (2), but the signs
required to be posted by the applicant were either obscured or had fallen down. You asked for
advice regarding the City's obligation to ensure the signs are posted and whether it is reasonable
to continue the public hearing if there is a question about the adequacy of posting. The questions
are addressed below.
To what degree is the City required to ensure the applicant actually posts the sign?
The City is not required to ensure compliance with posting requirements. By the express
language of SCC 15.01.040 (a)(3), it is solely the responsibility of the applicant to post notice on
the property. The City's obligations to publish notice in the newspaper and mail to neighboring
properties are distinct from the applicant's duties. It is a division of labor consistent with the fact
that the applicant is seeking a permit from the City, unlike, for example, notice of an ordinance
for which the burden is squarely on the City.
The applicant's requirement of an affidavit of posting at SMC 15.01.040(a)(4) is sufficient to
establish that posting occurred, absent some specific factor, such as someone stating the signs
were not visible, as happened here.
A somewhat analogous situation occurs in residential evictions. Notice to the tenant is critically
important for both the notice to quit and service of process in the event a lawsuit is necessary.
Under either circumstance, it is permissible to post notice on the tenant's door if other methods
of delivery don't work. The manager or process server signs an affidavit that documents were
011
posted on the door. There is no continuing duty to watch and see what happens next or make sure
it stays on the door until removed by the tenant. The affidavit is sufficient, absent some specific
fact coming to light suggesting that the document blew away or was taken.
Of course, if the City became aware that posting was inadequate, it would be reasonable for the
City to contact the applicant and ask that they post it again. But it is not the City's job to actively
monitor posting. There is simply some level of room for error, based on human judgment,
weather, vandalism, and other factors. The fact that the City is required to both publish notice in
the newspaper and mail it to neighboring property owners is a level of redundancy that
ameliorates those concerns. Similarly, in the example above, even when service is perfected by
posting on someone's door, the law requires mailing a copy as well. Neither the public posting
by the permit applicant, nor the service of a tenant by posting on their door is a perfect system,
but each is calculated to reach most people without an unreasonable burden on the party giving
notice.
2. Is it reasonable to continue consideration of the resolution if there is a reasonable belief
that weather impacted the visibility of signage?
The requirement of notice is a fundamental legal concept applicable not just to the Planning and
Zoning Commission. If there is a legitimate question about whether notice was proper, it is
almost always reasonable to continue a hearing or other proceeding to ensure proper notice.
However, in making the decision to continue a proceeding, the Commission should consider the
negative impact of continuing the hearing. The code specifically states "Failure to properly post
notices is grounds for deferral or denial of the application." Unless the failure was deliberate,
denial is not generally an appropriate remedy, but "deferral" is clearly contemplated.
The fact that posted notice is "grounds" for denial or deferral suggests there is discretion.
For example, if an applicant submitted a valid proof of posting under SCC 15.01.040 (a)(4), but
it was questioned, then the potential for lack of adequate posting must be balanced against the
harm to the applicant of continuing the hearing. Delay is never convenient for anyone. The
Commission should consider whether an actual legal right will be lost by delay, or whether the
applicant went to extraordinary lengths to be at the hearing, such as flying from out of town.
Ultimately is a balance of the factors. Provided it is reasonable to do so under the circumstances,
erring on the side of proper notice helps ensure a robust public process and avoids having to
repeat an application or having the permit be subject to challenge.
Planning posts notice of hearing in three public places, even when not required under SCC
15.01.040. The additional notice helps ensure those who are interested are aware of upcoming
hearings. A court would review the record as a whole, taking into consideration the extra notice.
Again, usually the affidavit will suffice. If specific evidence is introduced that the on -site posting
was inadequate, the Planning and Zoning Commission should ask questions and create a record.
Questions include whether the affidavit has been submitted per SCC 15.01.040(a)(4) and is part
of the record, how the applicant tried to affix the notice, whether the applicant took a
photograph, how many days the posted notice was up if it is alleged to have fallen down, and
whether the City took additional measure beyond what is required in the code.
Kai
Continuing a hearing to ensure adequate notice was given is usually a prudent choice if there is a
credible reason to question the posting. But whether it is strictly necessary depends on the facts
in each case. The Planning and Zoning Commission has some discretion. It must create a record
of asking questions like those described above to show that it considered the facts surrounding
the notice on the property, the other notice methods used by the City, the likelihood that
interested parties received notice, and the potential impact of continuing the hearing.
Kea
City of Seward - Municipal Code - Conditional Use Permits
15.10.320 Conditional use permits.
(a) Intent. It is recognized that there are some uses which may be compatible with designated principal uses in
specific zoning districts provided certain conditions are met. The conditional use permit procedure is
intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property,
and the application of controls and safeguards to assure that the proposed use will be compatible with the
surroundings. The commission shall permit this type of use if the conditions and requirements listed in this
chapter are met. The allowed uses are listed in the land uses allowed table 15.10.225. Before a conditional
use permit may be granted, the procedures specified in this chapter must be followed.
(b) Applications. Applications for a conditional use permit shall be filed in writing with the City Clerk. The
application shall include but is not limited to the following:
(1) Name and address of the applicant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) A legal description of the property involved;
(4) A description of the proposed use;
(5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and
such data as may be required; and
(6) The appropriate fee as established by City Council resolution.
(c) Public hearing. If the application is in order, a public hearing shall be scheduled in accordance with the
requirements of section 15.01.040 of this title.
(d) Review criteria. Prior to granting a use permit, it shall be established that the use satisfies the following
conditions:
(1) The use is consistent with the purpose of this chapter and the purposes of the zoning district;
(2) The value of the adjoining property will not be significantly impaired;
(3) The proposed use is in harmony with the comprehensive plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety, health or welfare;
(6) Any and all specific conditions deemed necessary by the commission to fulfill the above -mentioned
conditions shall be met by the applicant. These may include but are not limited to measures relative to
access, screening, site development, building design, operation of the use and other similar aspects
related to the proposed use.
(e) Approval resolution. At any time after the hearing required in section 15.20.320(c), the commission may
adopt a resolution approving a conditional use permit provided that it includes findings of fact that the
review criteria in section 15.10.320(d) have been met. Upon adoption, the City shall cause a copy of the
resolution to be posted for at least ten days in at least three public places within the City. An appeal of the
commission's action may be made at any time until the resolution becomes effective. Unless rescinded,
amended or appealed any resolution adopted under this chapter automatically becomes effective ten days
after passage and posting.
(f) Modification of final approval.
(1) An approved conditional use permit may, upon application by the permittee, be modified by the
planning and zoning commission:
Created: 2021-09-07 15:35:32 [EST]
(Supp. No. 23-1)
33
a. When changed conditions cause the conditional use to no longer conform to the standards for its
approval.
b. To implement a different development plan conforming to the standards for its approval.
(2) The modification application shall be subject to a public hearing and a filing fee set by City Council
resolution.
(g) Expiration; extensions; transferability.
(1) An approved conditional use permit lapses six months after approval if no building permit is procured
or if the allowed use is not initiated.
(2) The commission may grant time extensions not to exceed six months each upon a finding that
circumstances have not changed sufficiently to warrant reconsideration of the approval of the
conditional use permit. A request for an extension must be submitted prior to the expiration of the
permit. A public hearing shall not be required prior to granting an extension of time.
(3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a
period of one year or longer.
(4) A conditional use permit is not transferrable from one parcel of land to another. Conditional use
permits may be transferred from one owner to another for the same use, but if there is a change in use
on the property, a new permit must be obtained.
(Ord. 626, § 3, 1989: Ord. 649, § 5, 1991; Ord. 94-56; Ord. 97-15; Ord. 98-06)
(Supp. No. 23-1)
Created: 2021-09-07 15:35:32 [EST]
34
Requirements for a CUP:
City Code 15.10.320 (D)(6) states that: "Any and all specific conditions deemed necessary by
the commission to fulfill the above -mentioned conditions shall be met by the applicant. These
may include but are not limited to measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed use."
A good starting point to understand the parameters is to look at how courts review planning
and zoning decisions.
In 2017, the Alaska Supreme Court stated:
"When the superior court acts as an intermediate court of appeal in administrative
cases, we examine the merits of the agency's decision directly." In such reviews, we
apply "the 'substantial evidence test' [to] questions of fact" and "the 'reasonable basis
test' ... to questions of law involving agency expertise." Zoning boards "receive
deference equal to that accorded to an administrative agency"; their "interpretations of
zoning ordinances 'should be given great weight and ... accepted whenever there is a
reasonable basis for the meaning given by the board."'
Zoning board decisions are generally accorded a presumption of validity. We are
required to sustain the Commission's findings if they are supported by substantial
evidence. "Substantial evidence is 'such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion."'
So, what conditions can the Planning and Zoning Commission require to ensure that the
requirements for a CUP listed in City code are met? If a condition is "necessary... to fulfill the
above -mentioned conditions" and is "supported by substantial evidence," then it can be
imposed.
Typically, Commissioners can reasonably ask for any community health & welfare items that
mitigate impacts from the project as related to site planning, land use planning, conformance
local adopted plans & policies, engineering etc. Some codes are written very vague to allow the
Commissions this latitude on a case by case basis. Some examples: Buffer landscaping, better
drainage facilities, fencing, more setbacks etc.
Conditional uses by definition means it is not permitted by right so it will need to meet
additional standards to be considered for a particular use in that district.
The code sets the minimums and applicants are required to do the minimum but can also go
above the minimums to make a project conform better, be a better neighbor or as a request
through conditions of approval from the Commission.
00
MEMORANDUM
Meeting Date: November 2, 2021
To: Planning and Zoning Commission
From: Courtney L. Bringhurst, City Planner
Agenda Item: Review Directive from City Council to Discuss Amending the Land Use
Table to allow Light Manufacturing in Central Business District
BACKGROUND & JUSTIFICATION:
On February 22, 2021, City Council passed a motion to `Direct the Planning & Zoning
Commission to review making a change to the Land Use Table to allow Light Manufacturing in
Central Business District.'
On March 2, 2021, that directive was presented to the Planning and Zoning Commission by Jackie
Wilde.
On May 4, 2021, the Planning and Zoning Commission added the topic "Review the land use table
in conjunction with light and heavy manufacturing definitions," to the work session topic
scheduled for May 20, 2021.
On May 20, 2021, Council member Liz DeMoss spoke as the council liaison to the Planning and
Zoning Commission stating that one of the downtown businesses wished to do cannabis extraction.
Currently, manufacturing was not allowed in the Central Business District, although some small
manufacturers were operating, such as jewelry -making and candy -making. Chair Cindy Ecklund
stated that they would review manufacturing in conjunction with the Land Use Allowed table in
upcoming work sessions.
CONSIDERATIONS
Since the February 22, 2021 council meeting, when City Council directed Planning and Zoning to
discuss amending the Land Use Table to allow Light Manufacturing in the Central Business
District, the Planning and Zoning Commission has briefly discussed the topic in meetings, but has
not been able to have a full work session to evaluate the topic. The Planning and Zoning
Commission should decide how and when they want to address this directive from the City
Council.
RECOMMENDATION
Commission discuss and deliberate.
0-11
COUNCIL AGENDA STATEMENT
Meeting Date: February 22, 2021
To: City Council
From: Council Member DeMoss
Agenda Item: Discuss Amending the Land Use Table to allow Light Manufacturing in
Central Business District
BACKGROUND & JUSTIFICATION:
The City of Seward currently does not allow for manufacturing in Central Business District (CBD)
per the Land Use Table in Seward City Code. A wide array of business can be conducted under
the NAICS Line of Business 31— Manufacturing, including sewing clothing, food manufacturing,
soap manufacturing, breweries, wineries, distilleries, retail bakeries, and jewelry manufacturing.
Businesses have either already conducted business, are currently conducting business, and/or
would like to conduct business under a manufacturing license in the Central Business District. To
remain equitable and to respond to the needs of our business community the Land Use Table should
be amended.
INTENT:
Direct the Planning & Zoning Commission to amend the current Land Use Table to allow for Light
Manufacturing in Central Business District.
CONSISTENCY CHECKLIST:
Yes
No
N/A
Comprehensive Plan (document source here):
Strategic Plan (document source here)
Other (list):
FISCAL NOTE:
Approved by Finance Department:
ATTORNEY REVIEW: Yes No
RECOMMENDATION:
N/A
Not Applicable
Direct the Planning & Zoning Commission to amend the current Land Use Table to allow for Light
Manufacturing in Central Business District.
37
SCC 15.10.140
(52) 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.
(53) ) Manufacturing, light. A use engaged in the manufacture, predominantly from previously
prepared material, of finished products or parts, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic
industrial processing.
38
City ofSeivard, Alaska City Council Meeting Minutes
February 22, 2021 WM Volume 41, Page 382
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
Other New Business Items
Discuss Amending the Land Use Table to allow Light Manufacturing in Central Business
District.
DeMoss said a local business owner was interested in expanding his business to include
manufacturing. Community Development had indicated that the Central Business District did not
allow manufacturing: DeMoss said there were several examples of businesses that were already
manufacturing in that zone, including soap making, t-shirt sereenprinting, jewelry making, and
bakeries.
McClure wondered why light manufacturing had been disallowed originally. DeMoss said
she had researched and could not find an answer to that, but she knew of several other businesses
who also would be interested in having light manufacturing businesses in.this zone.
Osenga wondered if it would be better to ask Planning & Zoning to come back to -council
with reasons why this light manufacturing should or should not be allowed.
Motion (DeMoss/Baclaan)
Motion Passed
Direct the Planning& Zoning Commission to
review making a change to the Land Use
Table to allow Light Manufacturing in
Central Business District.
Unanimous
Discuss and score the city manager candidates interviewed on February 11, 2021 and decide
next steps.
Terry suggested bringing up Janette Bower and Scott McClure to meet them in person for a
second round of interviews and allow the public to meet them. Casagranda preferred all three be
brought up. Baclaan, Osenga, and McClure wanted to see Bower and McClure. DeMoss wanted to
see Bower.
Motion (Terry/Casagranda)
Motion Passed
Invite all three city manager candidates to
Seward for a second interview and a
community meet & greet.
Yes: DeMoss, Casagranda, Baclaan, Terry
No: McClure, Osenga, Seese
INFORMATIONAL ITEMS AND REPORTS
K11
City of reward, Alaska Seward Planning & Zoning Commission Minutes
,'March 2: 2021 Volume 7, Page 446
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Charbonneau / Swann) Approve the agenda and consent agenda
Motion (Charbonneau /Swann) Postpone Resolution 2021-05 until. the
April 6, 2021 meeting
Motion Failed AYES: Hatfield, Charbonneau,
NOES: Verhey, Swann, Ecklund
Motion Passed Approve the agenda and consent agenda
AYES: Charbonneau, Swann, Verhey,
Seese, Eeklund
NOES: none
February 2, 2021 Regular Meeting Minutes were approved on the consent agenda
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Administration Report
Jackie Wilde stated that the are two applicants for the vacant Commissioner seat, which will be
heard at the March 8 Council meeting. Council will also be discussing a gated system for City
parking lots and discussing restroom design options at Williams park. Wilde discussed upcoming
Planning and Zoning Work sessions. Wilde called attention to a laydown item that was distributed
to the public and council regarding the renaming of Dairy Hill Lane, and asked that Commission
direct staff to bring forward a resolution to the April meeting. Wilde stated that atthe. February 22
Council meeting, Council requested that Planning and Zoning review a possible land use change
changing marijuana extraction from heavy manufacturing to light manufacturing in the Central
Business district.
Other Reports, Announcements, and Presentations
Wilde stated that she put together a proclamation recognizing Kelli Hatfield's service on the
Planning and Zoning Commission and will be sending that to her.
New Business Items requiring a Public Hearing
Resolution 2021-02 of The Planning and Zoning Commission, of the City Of Seward, Alaska
Recommending Kenai Peninsula Borough Approval of the Seward Original Townsite Marathon
Replat; A Replat Of Lots 21-25 Block 38, Original Townsite Of Seward; Located at 600-608 Third
40
rI
C'ily !if Seward, Alaska Seivad Planning & Zoning_ Commission Minutes .
May 4, 2021 Voluste 7, Page 465
truthing exercise: the city would be divided up into sections so that each commissioner would be
responsible fora portion. -
Wilde pointed out that 95 was now redundant to # 1 and could be removed.
Ecklund identified another typo in #7 Continuing and requested that "Working with
PACAB..." be.changed to "Work with PACAB.. " in order to be consistent.
Sullivan wondered what the expectation was for accomplishing the Short & Medium Terri
objectives. In response, Ecklund said the commission should strive to accomplish the shout- and
i'
medium -term prio.ities by year end.
Main Motion Passed Unanimous
Other New Business Items
Set work session topic for May 20, 2021 as `Continue review of the Municipal Land Use Plan
r.
and start review of the Land Use Table and Definitions."
Ecklund wished to change to title of the work session to "Complete the Title 15 definitions
and start the review of Municipal Land Use Plan''.
1.
Wilde stated she had been asked by administration to include the additional topic of
"Review the land use table in conjunction with light and heavy manufacturing definitions" to the
topic, if possible. In response. Ecklund said P&Z would bring their recommendations to council
of where they recommended light and heavy manufacturing should be allowed.
k,
In response to Ecklund. Wilde said on May 20, 2021 there would be a work session at 5:00
p.m. followed by a meeting to consider a replat.
Start review of the 2014 Municipal Land Use Plan.
Wilde wanted to be sure that citizens involved in the review of this plan; it would be an
I
extensive process to review the entire document. Ecklund wondered how long the document was;
in response, Wilde said it was approximately 60 pages long.
Ecklund said the plan included every city -owned property. The commission was
responsible for conducting a review, obtaining public input. and providing a draft to council for
approval. Ecklund said the commission. would begin working on the document on May 20, 2021
L
Approval of the April6, 2021 Regular Meeting. Minutes.
Motion (AmbrosianilCllarbonneau) Approve the April 6, 2021 Regular
3
Meeting Minutes.
141
"
City of &ward, Alaska :Seivard Planning x Zoning Commission Special Meeting Miruites
Mrry 20, 2021 i ohane 7, Pa eG9
Wilde said the liaison for city council, Liz DeMoss, wished to speak tonight if the commission
would allow. Wilde announced that Teryn Burnett had been hired as the new planning assistant
and had started last Friday.
Regarding the Jesse Lee Home Memorial Park, Wilde reported that contractors were back
on site and working; June 24, 2021 was the expected date for having the demolition completed and:
the grounds hydroseeded Brie section of the property would have a community garden, another
section would have a dog park, and there would be a large open green area. Wilde hired local..
artists to create signs using portions of the old foundation, Some of the lumber from the Jesse Lee
Home would also be used to construct an arbor at the Jesse Lee Home Cemetery.
The animal shelter Request for Proposals (RFP) for design/build was on the street. There
were already over 22 proposals released to date. The deadline was June 11, 2021 for submission,
with the public opening would be held on June 14, 2021.
Other Reports, Announcements, and Presentations
Council Member Liz DeMoss spoke as the council liaison to P&Z. DeMoss said one
of the downtown businesses wished to do cannabis extraction, the state considered cannabis
extraction to be .manufacturing, Currently, manufacturing was not allowed in the Central
Business District, although some small manufacturers were operating; these manufacturers
included jewelry -making and candy -makings for example. DeMoss wondered if cannabis
extraction could be defined as something other than manufacturing in order to allow this use.
Wilde said she had : conferred with the fire department about light versus heavy
manufacturing, and the state's definition appeared to hinge on whether hazardous materials.
were being used or not. She added that if the cannabis operations were required to comply
with International Fire Code, they could be considered as a factory l moderate hazard:
Ecklund didn't believe that there were specific line items for jewelry making, candy
making, soap making, or cannabis extraction on the Land Use Allowed Table; slie.added that
breweries tell under restaurants. Ecklund said P&Z would be reviewing the Land Use Allowed
Table in upcoming; work sessions:
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2021-013, Of The Planning And Zoning Commission Of The City Of Seward,
:Alaska, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of
Tract 'IF", Fourth Of July Subdivision, No. 2 Of Seward, Creating. Two Tracts To. Be Known
As Tract "F" And Tract "G", Fourth Of July Subdivision, No. 2; Sawmill Replat Physical At
601 Nash Road.
Motion (Swann/Charbonncau) Approve Resolution 2021-013
42
14.22.010 Land use table I Kenai Municipal Code
Page 1 of 8
"Manufacturing/fabricating/assembly" means the mechanical or chemical transformation of
materials or substances into new products including assembling of component parts, the
manufacturing of products, and the blending of materials such as lubricating oils, plastics,
resins, or liquors.
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
ALI: Airport Light Industrial
C: Conservation
RR and RR-1: Rural Residential
RS; RS-1; RS-2: Suburban Residential RU:
Urban Residential
CC: Central Commercial
CG: General Commercial Zone
LC: Limited Commercial Zone
IL: Light Industrial Zone
IH: Heavy Industrial Zone
ED: Education Zone
R: Recreation
TSH: Townsite Historic
CMU: Central Mixed Use Zone
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
LAND USES
ALI
C
RR
RR-1
RS
RS-1
RS-2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
RESIDENTIAL
One -Family Dwelling
N
C18
P
P
P
P
P
P
p21
S1
S2
S2
C22
P
P
P
S1/C21
Two-, Three -Family Dwelling
N
C18
P
P
P
P
P
P
p21
S1
C
C
C22
P
P
P
S1/C21
Four -Family Dwelling
N
C18
P
C3,29
P
N
N
P
p21
S1
C
C
C22
N
P
C
S1/C21
Five-, Six -Family Dwelling
I N
I C18
C3
I N
I P
I N
I N
I P
I p21
S1
I C
I C
I N
I N
I P
C
S1/C21
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 1 S, 2021.
43
14.22.010 Land use table I Kenai Municipal Code
Page 2 of 8
Seven- or More Family Dwelling
N
C18
C3
N
C3
N
N
P
p21
S1
C
C
N
N
P
C
S1/C21
Mobile Home Parks'
N
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development?
N
C18
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Townhouses4
N
C18
C3
C3'29
C3
C3
C3
C3
C
C
C
C
C22
C
C
C
C
Accessory Building on Parcel
Without Main Building or Use (See
KMC 14.20.200)
N
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
COMMERCIAL
Airport Compatible Uses
P
N
N
N
N
N
N
N
C
C
C
C
N
N
N
C
C
Adult Businesses
N
N
N
N
N
N
N
N
P31
P31
P31
P31
N
N
N
N
N
Automotive Sales
C
N
C
N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service Stations
C
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Business/Consumer Services
C
N
C
C
C
N
N
C
P
P
P
C
N
C
C
C
P
Commercial Recreation
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Guide Service
C
N
C
N
C
N
N
C
P
P
P
P
N
P
P
C
P
Hotels/Motels
C
N
C
N
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
C
N
C
N
C
N
N
C
P
P
P
C
N
P
P
C
P
Marijuana Cultivation Facility,
Limited30
N
N
C
C
C
C
C
C
N
C
C
C
N
N
N
C
N
Marijuana Cultivation Facility,
Standard30
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
N
Marijuana Product Manufacturing
Facility30
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
N
N
Marijuana Testing Facility30
N
N
N
N
N
N
N
N
C
C
P
P
N
N
N
C
C
Professional Offices
C
N
C
C
C
N
N
P
P
P
P
P
N
C
P
P
P
Restaurants
C
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
C
N26
C
N
C
N
N
C
P
P
P
P
S24
S24
C
C
P
Retail Marijuana Store30
N
N
N
N
N
N
N
N
N
C
C
C
N
N
N
C
C
Theaters
N
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Wholesale Business
C
N
C
N
C
N
N
C
C
P
P
P
N
S24
C
C
N
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 1 S, 2021.
44
14.22.010 Land use table I Kenai Municipal Code
Page 3 of 8
INDUSTRIAL
Airports
C
P20
C
N
C
N
N
C
C
C
C
C
N
C
N
N
C
Necessary Aviation Facilities
P
P
C
C
C
C
C
C
P
P
P
P
C
P
C
P
P
Automotive Repair
P
N
C
N
C
N
N
C
P
P
P
P
N
N
N
N
P
Gas Manufacturer/Storage
C9
N
N
N
C
N
N
N
N
N
C9
C9
N
N
N
N
N
Manufacturing/Fabricating/Assembly
P
N
C
N
C
N
N
C
C
P
P
P
N
C
C
N
C
Mini -Storage Facility
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
C
C
Storage Yard
C
N
C
N
C
N
N
C
C
P
P
P
N
N
N
N
C
Warehouses
C
N
C
N
C
N
N
C
N
P
P
P
N
C
N
N
N
PUBLIC/INSTITUTIONAL
Assisted Living
N
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Churches*
N
C
P10
P10
P10
P10
P10
P10
P10
P10
C
C
P
P10
P
P
P
Clinics
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
P
P
Colleges*
N
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Elementary Schools*
N
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Governmental Buildings
P
C
C
C29
C
C
C
C
P
P
P
C
P
C
C
P
P
High Schools*
N
C
C
C29
C
C
C
C
P
P
C
C
P
C
C
C
P
Hospitals*
N
C
C
N
C
C
C
C
P
P
P
C
C
C
C
C
P
Libraries*
N
C
C
C29
C
C
C
C12
P
P
P
C
P
C
P
C
P
Museums
C
C
C
C29
C
C
C
C
P
P
P
C
P
C
P
C
P
Parks and Recreation
N
P
C
C29
C
C
C
C
P
P
P
P
P
P
P
C
P
MISCELLANEOUS
Animal Boarding/Commercial
Kennel13
C
C
C
N
C
C
N
N
C
C
C
C
N
C
N
C
C
Assemblies15 (Large: Circuses, Fairs,
etc.)
P
C
C
N
C
C
C
C
pis
pis
pis
pis
pis
C
P
N
pis
Bed and Breakfasts
N
C
C
C
C
C
C
C
C
C
C
C
N
P
C
C
P
Cabin Rentals
N
C
C
N
C
N
N
N
P
P
P
C
N
P
P
C
P
Cemeteries
P
C
C
N
C
N
N
N
N
C
C
C
N
C
C
N
N
Communications Towers and
Antenna(s), Radio/TV
C
P
C
N
C
C
C
C
P
P
P
P
P
C
C
C
C
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 1 S, 2021.
M1
14.22.010 Land use table I Kenai Municipal Code
Page 4 of 8
Transmitters/Cell Sites** 28
Crematories/Funeral Homes
N
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
Day Care Centers1z
N
C
C
C29
C
C
C
C
P
P
P
C
C
C
C
P
P
Dormitories/Boarding Houses
N
C
C
N
C
C
C
P
p21
S
C
P
p23
C
C
C
P
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/General Agriculture***
N
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Fraternal Organizations/ Private
Clubs/Social Halls and Union Halls
N
N
C
N
C
C
C
C
P
P
P
C
N
C
P
C
P
Greenhouses/Tree Nurseries13
N
C
C
N
C
C
C
C
P
P
P
C
N
C
C
C
P
Gunsmithing, Taxidermy
N
N
C
C
C
C
C
C
P
P
P
P
N
C
P
P
P
Nursing, Convalescent or Rest
Homes
N
N
C
N
C
C
C
C
P
P
C
C
C
C
C
C
P
Parking, Public Lots12
C
C
C
N
C
C
C
C
C
C
C
C
C
C
C
C
C
Personal Services25
N
C
C
N
C
C
C
C
P
P
P
P
C
C
P
P/C27
P
Recreational Vehicle Parks
N
C
C
N
C
N
N
C
C
C
C
C
N
C
C
N
C
Subsurface Extraction of Natural
Resources16
C
C
C
C
C
C
C
C
C
C
C
C
N
C
N
N
N
Surface Extraction of Natural
ResOurces17
C
C
C
N
C
N
N
C
N
C
C
C
N
C
N
N
N
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector
streets and major highways. Commercial or industrial which falls under the landscaping/site plans
requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans.
2 One (1) single-family residence per parcel, which is part of the main building.
3 Allowed as a conditional use, subject to satisfying the following conditions:
a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone;
b The site square footage in area must be approved by the Commission;
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 1 S, 2021.
14.22.010 Land use table I Kenai Municipal Code
Page S of 8
c Yards around the site, off-street parking, and other development requirements shall be the same as for
principal uses in the RR Zone;
d Water and sewer facilities shall meet the requirements of all applicable health regulations;
e The proposed dwelling group will constitute a residential area of sustained desirability and stability,
will be in harmony with the character of the surrounding neighborhood, and will not adversely affect
surrounding property values;
f The buildings shall be used only for residential purposes and customary accessory uses, such as
garages, storage spaces, and recreational and community activities;
g There shall be provided, as part of the proposed development, adequate recreation areas to serve the
needs of the anticipated population;
h The development shall not produce a volume of traffic in excess of the capacity for which the access
streets are designed;
i The property adjacent to the proposed dwelling group will not be adversely affected.
4 See "Townhouses" section.
5 See "Mobile Homes" section.
6 Allowed as a conditional use, subject to "Mobile Homes" section; and provided, that any mobile home park
meets the minimum Federal Housing Authority requirements.
7 See "Planned Unit Residential Development" section.
8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not
destroy the residential character of the neighborhood.
9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met.
10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or
property line.
11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet
to any adjoining street or property line; and provided further, that the proposed location and characteristics of
the use will not adversely affect the commercial development of the zone.
12 Allowed as a conditional use; provided, that the following conditions are met:
a The proposed location of the use and the size and characteristics of the site will maximize its benefit
to the public;
b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public
streets.
13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to
assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 1 S, 2021.
47
14.22.010 Land use table I Kenai Municipal Code
Page 6 of 8
conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel
license (see KMC Chapter 3.15).
14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the
mortuary.
15 Allowed; provided, that the following conditions are met:
a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any
adjoining property in a residential zone.
b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the
public streets.
16 See "Conditional Uses" section.
17 See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18 Conditional use allowed only on privately held property. Not allowed on government lands.
19 Reserved.
20 The airport -related uses allowed under this entry are aircraft approach and departure zones pursuant to
KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to
aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed.
21 Developments for use shall be the same as those listed in the Development Requirements Table for the
RU/TSH Zones.
22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example,
housing for teachers or students for a school in the zone.
23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a
dormitory used to house students for a school or educational facility.
24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee
shop within another business).
25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness
centers, photographic studios, tailors, tanning salons and massage therapists.
26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27 Personal services not set forth in the below matrix are conditional uses.
Limited Commercial Zone
Conditional Use
Personal Services Permitted (P)
(C)
Art Studios I X
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 1 S, 2021.
48
14.22.010 Land use table I Kenai Municipal Code
Page 7 of 8
Limited Commercial Zone
Personal Services
Permitted (P)
Conditional Use
(C)
Barbers
X
Beauticians
X
Dressmakers
X
Dry Cleaners
X
Fitness Centers
X
Massage Therapist
X
Photographic Studios
X
Self -Service Laundries
X
Tailors
X
Tanning Salons
X
Tattoo Parlors
X
28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set
forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.1 SO
and 14.20.255 are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel
must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated
right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from
the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an
as -built drawing/survey of the parcel.
30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions,
14.20.330—Standards for commercial marijuana establishments.
31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000) feet
of another adult business, or sensitive use. "Sensitive use' means a church or other place of worship, a public
or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth are likely to
be present (limited to public parks, youth recreational centers, public playgrounds, public libraries).
(Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001,
1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005, 2144-2006,
2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011, 2610-2012, 2649-2012,
2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019 (Substitute))
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021.
49
14.22.010 Land use table I Kenai Municipal Code
Page 8 of 8
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15,
2021.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact
the City Clerk for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021.
City of Anchorage Municipal Code
21.05.050 Commercial uses: Definitions and use -specific standards.
This section defines the general commercial use categories and specific commercial use types listed in Table
21.05-1. The uses may either be commercial or have impacts common to commercial uses. This section also
contains use -specific standards that apply to specific use types. The use -specific standards apply regardless of
whether the use type is permitted as a matter of right, subject to a site plan review process, or subject to the
conditional use process.
Ia
Manufacturing and production. This category includes industrial establishments involved in the
manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, synthetic, raw,
secondary, or partially completed materials may be used in the manufacturing process. Products may
be finished or semi -finished and are generally made for the wholesale market, for transfer to other
plants, or to order for firms or consumers. Such uses may include industries furnishing labor in the case
of the refinishing of manufactured articles. Goods are generally not displayed or sold on site, but if so,
they are a subordinate part of total sales. Accessory activities may include limited retail sales, offices,
cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck
fleets, and caretaker's quarters. Specific uses types include:
1. Commercial food production.
a. Definition. An establishment processing and/or producing food for human consumption,
including facilities engaged in providing food and/or food services for institutional,
governmental, commercial, industrial, and other locations of other businesses; as well as
facilities that process meat, game, and seafood. Examples include airline food services and
catering companies that prepare food for consumption at an off -premise customer site.
2. Cottage crafts.
(Supp. No. Ma 74)
a. Definition. An establishment engaged in small-scale assembly of completely hand -
fabricated parts, or arts -and -crafts production by hand manufacturing of custom or craft
goods. Goods are predominantly manufactured only involving the use of hand tools and
domestic -scale mechanical equipment. Examples include, but are not limited to: candle
making, artisan woodworking, art studio/gallery, artisan pottery, fabric making, jewelry
production, glass work, and the like. Cottage crafts are less intensive than, and do not have
the off -site impacts often associated with, general industrial uses.
b. Use -specific standards.
Production and sale of cottage crafts. Cottage crafts may only be produced
within a wholly -enclosed permanent structure. Cottage crafts production may
occupy up to 1,500 square feet of gross building area, and may include up to an
additional 300 square feet gross building area on the same lot devoted to the
display and retail sale of the crafts produced. The retail/display area shall be
located on the ground floor and in the front part of the building facing the
primary street on which the lot is located.
Prohibitions.
(A) The outdoor storage of materials related to the production and sale of
cottage crafts is prohibited in non -industrially -zoned districts.
(B) The use of equipment, materials, or processes that create hazards, noise,
vibration, glare, fumes, or odors detectable to the normal senses off -site
is prohibited.
Created: 2021-08-25 09:11:03 [EST]
61I
3. Manufacturing, general.
a. Definition. An establishment engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing, fabrication,
assembly, treatment, and packaging of such products, and incidental storage, sales, and
distribution of such products, but excluding basic industrial processing. This use includes
additive (three-dimensional printing) manufacturing. This use does not produce or utilize
toxic, hazardous, or explosive materials in large quantities as part of the manufacturing
process. Examples include, but are not limited to: airplane, automobile, or truck assembly;
repair of railroad equipment; beverage manufacture and brewery; boatbuilding; cabinet
shops; machine or blacksmith shops; metalworking or welding shops; paint shops;
processing and/or dressing of skins; and printing, publishing, and lithography.
b. Use -specific standard. L2 buffer landscaping with an eight -foot screening fence is required
where adjacent to residential zones.
4. Manufacturing, heavy.
a. Definition. An establishment engaged in the manufacture or compounding process of raw
materials. Such activities may involve the storage of large volumes of highly flammable,
toxic matter or explosive materials needed for the manufacturing process. Examples
include, but are not limited to: refining or initial processing of raw materials; rolling,
drawing, or extruding of metals; asphalt batching plants, hot -mix plants, and RAP storage
and processing; sawmills; manufacture or packaging of cement products, feed, fertilizer,
flour, glue, paint, petroleum products, soap, turpentine, varnish, charcoal, or distilled
products, or similar industrial uses; steel fabrication shops or yards; and manufacture,
service, or repair of railroad equipment.
b. Use -specific standard. L3 screening landscaping is required where adjacent to residential
zones.
5. Manufacturing, light.
(Supp. No. Ma 74)
a. Definition. A general manufacturing establishment that, because of the nature of its
equipment, operations, processes, materials, and products, has little or no potential of
creating noise, vibration, dust, smoke, fumes, odor, glare, or other environmental impacts
on surrounding properties or uses. The scale and intensity of operations are limited by bulk
controls and other use -specific standards such that it may be compatible in some
commercial areas. This use may include production, assembly, finishing, or packaging of
articles from parts made at another location, such as assembly of electrical appliances or
medical equipment. It includes additive (three-dimensional printing) manufacturing. It may
also include production of finished household and office goods, such as furniture, clothing,
or tents, from materials that are already refined, or from raw materials that do not need
refining, such as paper, fabric, or pre -milled wood; or wool, clay, fiber, or similar materials.
b. Use -specific standards. Light manufacturing is subject to the following limitations in the B-3
district to ensure compatibility and protect commercial and residential property.
i. This use shall comply with the use -specific standards set for in subsection
21.05.060 A.1. for contractor and special trades, light.
ii. Building areas used as part of the manufacturing process or related storage or
distribution shall have a building height of no more than 35 feet.
iii. When a new establishment is proposed, or when an existing establishment is
proposed to be expanded, advance documentation that the establishment will
Created: 2021-08-25 09:11:03 [EST]
6%
conform to the operation standards of Section 21.07.140 and the regulations of
Title 15 for noise, odor, and airborne emissions shall be required prior to
issuance of the land use permit. The documentation shall include an evaluation
and explanation certified by a registered engineer or architect, as appropriate,
that the proposed activity can achieve the off -site noise, odor, and airborne
emissions standards of the municipality. Such evaluation shall describe the
measures to be taken by the applicant to meet the standards. Such measures
may include, for example, the provision of buffers, reduction in hours of
operation, relocation of mechanical equipment, increased setbacks, and use of
specific construction techniques, operations, equipment, or building materials.
The decision -making body shall determine the appropriate measures to be
taken by the applicant to significantly reduce potential odor, dust, and airborne
pollutant emissions. The measures to be taken shall be indicated on the plans
as conditions of approval. After a permit has been issued, any measures that
were required by the permit to limit noise shall be maintained.
6. Natural resource extraction, organic and inorganic.
(Supp. No. Ma 74)
a. Definition. The development or extraction of organic and/or inorganic material from its
natural occurrences on affected land. This use includes placer mining operations in which
rock byproduct is removed from the premises. This use also includes commercial or
industrial operations involving removal of timber, native vegetation, peat, muck, topsoil,
fill, sand, gravel, rock, or any other mineral, and other operations having similar
characteristics. This use includes only operations of a scale involving 50,000 cubic yards or
more of material. Site preparation as part of the development of a subdivision under a
subdivision agreement is not included.
Use -specific standards (also apply to "natural resource extraction, placer mining"). The
following general standards apply in all districts:
Limit on site size. Except for placer mining, general natural resource extraction
is allowed only on sites of five acres or more.
Water discharge permit. Placer mining operations are subject to a wastewater
discharge permit issued by the state department of environmental
conservation.
iii. Use and handling of explosives. In addition to the requirements of the fire code,
the following shall govern the storage, handling, and use of explosive materials:
(A) In addition to the submittal requirements for a conditional use approval,
a blasting plan and a safety plan shall be submitted.
(B) Blasting shall be conducted during daylight hours within the operating
hours established by the planning and zoning commission.
(C) The handling and firing of explosives shall be performed only by the
individual possessing a valid explosives certificate issued by the fire
marshal.
(D) Whenever a new storage or magazine site is established the Anchorage
police department, Anchorage fire department and the emergency
operations center shall be notified.
(E) Quantities of explosives shall be determined by the fire code at AMC title
23.
Created: 2021-08-25 09:11:03 [EST]
53
(Supp. No. Ma 74)
(F) Blasting operations shall be performed in accordance with the
instructions of the manufacturer of the explosive materials being used.
(G) Rock fall mitigation methods may be required. When blasting is done in
close proximity to a structure, railway, highway, or any other installation,
precautions shall be taken to minimize earth vibrations and air blast
effects. Blasting mats or other protective means shall be used to prevent
fragments from being thrown.
(H) Property owners within 1,000 feet of the site shall be notified at least 24
hours in advance of blasting. Verbal notices shall be confirmed with
written notice.
(1) All areas subject to blasting operations shall be fenced in a manner to
secure the site and to prevent unauthorized access to the site.
(J) Notice of blasting operations shall be posted at all entrances to the site
and on security fencing in areas subject to blasting operations. Posting
shall occur at least 24 hours in advance of blasting.
(K) When blasting is being conducted in the vicinity of utilities (gas, water,
electric, fire alarm, or telephone), the blaster shall notify the appropriate
representatives of the agencies at least 24 hours in advance of blasting.
Verbal notices shall be confirmed with written notice.
(L) Before a blast is fired, the individual in charge shall make certain that all
surplus explosives are in a safe place, all persons and vehicles are at a
safe distance or under sufficient cover and a loud warning signal has been
sounded.
(M) The operator of the site shall be responsible for all damages to persons or
property which arise from, or are caused by the blasting operations.
iv. Screening. At a minimum, L3 screening landscaping is required where adjacent
to residential zones. The planning and zoning commission, through the
conditional use review, may require additional screening.
V. Required submittals. In addition to the general submittal requirements
applicable to all site plans specified in the Title 21 User's Guide, additional
submittal requirements are specified in that guide for natural resource
extraction. The site plan shall be subject to review and approval of the
department of public works for drainage, erosion, and sedimentation control;
for conformance with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and other applicable EPA guidelines; and for
compliance with generally accepted sound engineering principles.
vi. Standards for approval. In addition to the conditional use standards of approval
at subsection 21.03.080 D., the planning and zoning commission may approve a
natural resource extraction conditional use only if the commission finds that
the use also meets the following standards:
(A) Principal access to the site shall minimize the use of residential streets,
and access roads shall be treated in a manner to make them dust free.
Where access roads intersect collectors or arterials, suitable traffic
controls shall be established.
Created: 2021-08-25 09:11:03 [EST]
54
(Supp. No. Ma 74)
(B) The extraction operations will not pose a hazard to the public health and
safety.
(C) The extraction operations will not generate noise, dust, surface water
runoff or traffic that will unduly interfere with surrounding land uses.
(D) The restoration plan for the site ensures that, after extraction operations
cease, the site will be left in a safe, stable, and aesthetically acceptable
condition. The site shall either be restored generally to its pre -excavation
contours, or as appropriate for the future use of the land.
(E) The proposed use meets such additional standards for natural resource
extraction conditional uses as the director may establish by regulation
pursuant to AMC chapter 3.40.
Created: 2021-08-25 09:11:03 [EST]
611
City of Soldotna
17.10.265 - Commercial District (C). I Code of Ordinances I Soldotna, AK I Municode Library
"Industry, Heavy" means the use of property for the basic processing and manufacturing of
materials or products predominately from extracted, or raw materials, which are associated
with potentially noxious, hazardous, or injurious effects on neighboring properties.
"Industry, Light" means the use of property for the manufacture of finished products or parts,
including processing, fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial processing which is
associated with potentially noxious, hazardous, or injurious effects on neighboring properties.
17.10.260 Limited Commercial District (LC).
A. Intent. The Limited Commercial District (LC) is intended to provide transition areas between commercial and
residential districts by allowing low volume business, mixed residential, and other compatible uses which
complement and do not materially detract from the uses allowed within adjacent districts.
B. Permitted Principal Uses and Structures . The following principal uses and structures are permitted in the LC
District, provided the gross floor area for some uses as noted below does not exceed one thousand three
hundred square feet, subject to the general standards provided in subsection E of this section:
1. Community residences: community residences for the handicapped and emergency shelters;
2. Day care centers;
3. Dwellings: single-family, two-family, multi -family, condominium, and townhouses subject to the
provisions of 17.10.290;
4. Eating and drinking establishments (not to exceed one thousand three hundred sq. ft.): restaurants and
coffee bars;
5. Guide services, including fishing, hunting, and tour (not to exceed one thousand three hundred sq. ft.);
6. Industry, light (not to exceed one thousand three hundred sq. ft.): gunsmithing, printing and taxidermy;
7. Lodging: short-term rental units and boarding houses;
8. Offices: general, medical and public service;
9. Parking, commercial lots;
10. Parks and day -use playgrounds;
11. Personal services (not to exceed one thousand three hundred sq. ft.): art studios, barbers, beauticians,
dressmakers, dry cleaner and self-service laundry, fitness centers, photographic studios, tailors and
tanning salons;
12. Repair services (not to exceed one thousand three hundred sq. ft.): electronics, home appliances,
musical instruments, plumbing and heating and small engines; and
13. Retail sales (not to exceed one thousand three hundred sq. ft.).
(Supp. No. 14, Update 2)
Created: 2021-10-01 08:37:32 [EST]
611
14. Marijuana testing facility provided the following standards are met:
a. Signage is limited to a single wall sign only, and may not exceed 16 square feet in area and ten
feet in height;
b. The use shall comply with requirements of the State, and Sections 17.10.295 and 8.30 of
Soldotna Municipal Code.
C. Conditional Uses and Structures. The following conditional uses and structures may be approved in the LC
District, subject to the general standards and procedures found in Section 17.10.400, Conditional Uses, any
specific standards cited with the uses, and any special conditions imposed by the Commission:
1. Any permitted use in this district with a size limitation may be approved as a conditional use if its size
exceeds one thousand three hundred square feet;
2. Animal care: boarding, commercial kennels, and veterinarian clinics/hospitals;
3. Boat mooring basins and launching sites;
4. Churches and similar religious facilities;
5. Clubs, private lodges, fraternal organizations and other similar civic, charitable or social
establishments;
6. Community residences: correctional community residential centers;
7. Funeral homes;
8. Institutions, handicapped;
9. Institutions, health care: nursing or convalescent homes;
10. Lodging: recreational lodges, hotels, and motels;
11. Museums and art galleries;
12. Recreation facilities: miniature golf;
13. Schools: dance, elementary, secondary, colleges, vocational/technical; and
14. Theaters.
D. Accessory Uses and Structures. Accessory uses and structures are permitted which are clearly incidental to
and customarily found in connection with the principal uses and structures and which comply with the
special rules found in Section 17.10.305, Accessory Uses and Structures.
E. General Standards. The following general standards shall apply:
1. Minimum lot size: eight thousand four hundred square feet;
2. Minimum lot width: seventy feet;
3. Maximum lot coverage: thirty percent;
4. Maximum building height: thirty-six feet;
5. Minimum yards:
a. Front yard -twenty feet; rear yard -twenty feet, if adjacent to a residential district (otherwise no
rear yard is required),
b. Side yard -five feet, if not abutting a street or residential district,
C. Side yard -twenty feet, if abutting a street or residential district,
Created: 2021-10-01 08:37:32 [EST]
(Supp. No. 14, Update 2)
57
d. Side or rear yard -ten feet, if walls facing side or rear lot lines contain windows or other openings;
6. Off-street parking and loading shall be provided as required in Section 17.10.330, Off-street parking
and loading; and
7. Landscaping shall be provided as required in Section 17.10.335, Landscaping;
(Ord. 2007-22 §§ 3, 4, 2007; Ord. 692 § 1, 1999)
(Ord. No. 2010-033, § 2, 10-27-2010; Ord. No. 2015-036, § 5, 10-28-2015; Ord. No. 2018-004, § 2, 2-14-2018; Ord.
No. 2019-016 , § 4, 5-22-2019)
17.10.265 Commercial District (C).
A. Intent. The Commercial District (C) is intended to provide an area which is convenient, visually pleasing,
contributes to the economic welfare of the community, and allows a wide range of general business and
other compatible uses.
B. Permitted Principal Uses and Structures. The following principal uses and structures are permitted in the C
District, subject to the general standards provided in subsection E of this section:
1. Animal care: veterinarian clinics/animal hospitals.
a. Inside animal boarding;
2. Assembly and concert halls;
3. Automobile/boat/cycle/mobile home/RV/trailer: detailing, fueling and service, repair, rental, sale, and
car wash;
4. Churches and similar religious facilities;
5. Clubs, private lodges, fraternal organizations and other similar civic, charitable or social organizations;
6. Community residences: community residences for the handicapped and emergency shelters;
7. Day care centers;
8. Eating and drinking establishments: bars, nightclubs, restaurants, coffee bars;
9. Financial services, including banks, credit unions, and savings and loans;
10. Food and storage lockers;
11. Funeral homes;
12. Greenhouses (commercial), tree nurseries, and similar uses, provided no building is located closer than
100 feet to any property line abutting a residential district;
13. Guide services, including fishing, hunting, and tour;
14. Industry, light: cabinetry, gunsmithing, printing, taxidermy, machine shops, sheet metal work, and
welding;
15. Lodging: Boarding houses, recreational lodges, hotels, and motels;
16. Museums and art galleries;
17. Offices: general, medical, and public service;
18. Parking, commercial lots;
Created: 2021-10-01 08:37:32 [EST]
(Supp. No. 14, Update 2)
58
C.
19. Parks and day -use playgrounds;
20. Personal services: art studios, barbers, beauticians, dressmakers, dry cleaners, fitness centers, self-
service laundries, tailors, and tanning salons;
21. Recreation facilities, indoor: arcades, billiards, bowling alleys, skating rinks, racquetball and handball
courts, and recreation centers;
22. Recreation facilities, outdoor: miniature golf;
23. Repair services: electronics, home appliances, musical instruments, plumbing and heating, and small
engines;
24. Retail sales;
25. Schools: dance, elementary, secondary, colleges, vocational/technical;
26. Theaters; and
27. Wholesale sales.
28. Marijuana establishments: marijuana testing facilities, retail marijuana stores and marijuana product
manufacturing facilities provided the following standards are met:
a. For retail marijuana stores: Notwithstanding the other requirements of SMC 15.08, signage is
limited to a single wall sign that may not exceed 32 square feet in area, and a single freestanding
sign that may not exceed 32 square feet in area and ten feet in height.
b. For marijuana testing facilities and marijuana product manufacturing facilities: Notwithstanding
the other requirements of SMC 15.08, signage is limited to a single wall sign not to exceed 16
square feet in area and ten feet in height.
C. The use shall comply with requirements of the state and Section 17.10.295 and Chapter 8.30 of
Soldotna Municipal Code.
Conditional Uses and Structures. The following conditional uses and structures may be approved in the C
District, subject to the general standards and procedures found in Section 17.10.400, Conditional Uses, any
specific standards cited with the uses, and any special conditions imposed by the commission:
1. Animal care: outside animal boarding and commercial kennels;
2. Boat mooring basins and launching sites;
3. Campgrounds, including recreational vehicle campgrounds;
4. Community residences: correctional community residential centers;
5. Dwellings: single family, two-family, multi -family, and condominiums, provided the use meets the
following minimum standards, and any additional conditions imposed by the Commission:
a. Maximum lot coverage: 30 percent;
b. Minimum yards: front yard - 20 feet, rear yard - 20 feet, side yard - 10 feet;
C. Off-street parking and loading shall be provided as required in Section 17.10.330; and
d. Landscaping shall be provided as required in Section 17.10.335.
6. Dwellings: townhouses, subject to the provisions of 17.10.290.
7. Industry, heavy; provided no building is located closer than one hundred feet to any property line
abutting a residential district, there are no noxious substances maintained on site in containers larger
than household user size, and there are no explosives maintained on site. Such uses shall be subject to
(Supp. No. 14, Update 2)
Created: 2021-10-01 08:37:32 [EST]
6T]
the establishment of restrictions, safeguards, and conditions which mitigate the operating
characteristics of the use to the extent that the use will be compatible with other permitted uses in the
district and will have no adverse effects upon uses in the other zoning districts;
8. Institutions, handicapped;
9. Institutions, health care: nursing or convalescent homes;
10. Lumber yards, provided no building is located closer than one hundred feet to any property line
abutting a residential district;
11. Storage yards, whether such yard is principal or accessory, for the storage of building materials,
impounded vehicles, construction equipment, and machinery; provided such yards are sight -obscured
from any street with dense evergreens or decorative fence or wall not less than eight feet in height;
12. Transmission towers, including radio, television, and other communications, provided a setback equal
to the height of the tower or structure is maintained on all sides of the structure and no approach or
other airspace zones of an airport are penetrated; and
13. Warehousing, including storage, trucking, transfer; provided no building is located closer than one
hundred feet to any property line abutting a residential district and is sight -obscured from any street
with dense evergreens or decorative fence or wall not less than six feet in height; and those areas
which have outside storage are sight -obscured from any street with dense evergreens or decorative
fence or wall not less than eight feet in height.
Accessory Uses and Structures. Accessory uses and structures are permitted which are clearly incidental to
and customarily found in connection with the principal uses and structures and which comply with the
special rules found in Section 17.10.305, Accessory Uses and Structures. Residential dwellings shall be
permitted as accessory uses in the Commercial District provided the dwellings are located in the same
structure as the principal use, occupy no greater than 50% of the gross floor area of the building, and are
located at other than ground level.
General Standards. The following general standards shall apply:
1. Area, width, coverage, and yard setback requirements shall be governed by off-street parking, loading,
landscaping, building, and fire code requirements;
2. Maximum building height: Forty-eight feet;
3. Minimum yard, if abutting a residential district: twenty feet; unless a greater distance is specified in a
conditional use permit;
4. Off-street parking and loading shall be provided as required in Section 17.10.330, Off-street parking
and loading; and
5. Landscaping shall be provided as required in Section 17.10.335, Landscaping.
Non -Conforming Residential Uses in Commercial District.
1. Intent. There are residential uses that were in existence and lawful prior to the adoption of Ordinance
No. 2010-033, that would be prohibited or do not meet the requirements of section 17.10.265(B) or (D)
as permitted principal use or permitted accessory use. It is the intent of this section to set forth the
rules for continuation and expansion of these non -conformities. This section applies only to non-
conforming residential uses and structures that are non -conforming by reason of the adoption of
Ordinance No. 2010-033. The provisions of Section 17.10.325 shall apply to all other non -conforming
uses, structures or lots in the Commercial district.
2. Qualification.
(Supp. No. 14, Update 2)
Created: 2021-10-01 08:37:32 [EST]
[:1i]
The requirements of Section 17.10.325(B) and 17.10.325(C)(2) govern whether a residential use
qualifies as a non -conforming use in the Commercial district.
3. Expansion, Enlargement or Extension.
The requirements of Section 17.10.325(C)(4) and (C)(7) do not govern expansion, enlargement or
extension or repair and maintenance of a residential non -conforming use in the commercial
district.
b. Expansion, enlargement or extension of a non -conforming use or structure that could be
permitted as a conditional use may be allowed only upon approval of a conditional use permit for
such change except as follows:
Enlargements of square footage of a dwelling shall not require a conditional use permit and
may be allowed upon approval of a site plan and any required zoning permit, provided the
enlargement does not change the use, increase the number of dwelling units, nor extend
the structure into the yard setbacks established under SMC 17.10.265(C)(5)(b).
ii) On any non -conforming residential structure or on any building devoted in whole or in part
to any non -conforming residential use, work may be done in any period of twelve
consecutive months on ordinary repairs, or on repair or replacement of non -bearing walls,
fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10%) of the current
replacement value of the building.
(Ord. 2007-22 §§ 1, 2, 2007; Ord. 705 §§ 1, 2, 1999; Ord. 692 § 1, 1999)
(Ord. No. 2010-033, § 1, 10-27-2010; Ord. No. 2015-036, §§ 6, 7, 10-28-2015; Ord. No. 2018-004, § 3, 2-14-2018;
Ord. No. 2019-016, § 5, 5-22-2019)
Created: 2021-10-01 08:37:32 [EST]
(Supp. No. 14, Update 2)
City of Seward - Development Requirements
15.10.220 Development requirements.
(a) Table 15.10.222, development requirements, is incorporated herein by reference and the restrictions and
annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the
end of this section; see also section 15.10.210.)
(b) Building height. The purpose of building height standards is to prevent loss of life or excessive property
damage through the inability of the City fire department to reach upper stories or roofs and to help maintain
the character of neighborhoods.
(c) Setbacks —Yards.
(1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy,
fire separation and visual relief between structures.
(2) No yard or other open space provided about any building for the purpose of complying with the
provisions of this chapter shall be considered as providing a yard or open space for any other building,
and no yard or open space on one lot shall be considered as providing a yard or open space on any
other lot.
(3) No yard or lot shall be reduced in size or area below the minimum requirements set forth herein. Yards
or lots created after December 5, 1978 shall meet at least the minimum requirements established by
this chapter.
(4) In cases of corner lots with multiple frontages, the administrative official shall designate the front yard,
and all other frontages shall be designated as a side to a street.
(5) All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent
lots, structures, fences, or other property.
(Ord. 99-10, § 3; Ord. No. 2018-004, § 1)
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, very low density single-family residential
R1 =
Single-family, low density residential
R2 =
Single and two-family, medium density residential
R3 =
Single, two and multi -family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
Harbor commercial
CB =
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and steep slopes
INS =
Institutional, public, quasi -public uses
P =
Parks
(Supp. No. 23-1)
Created: 2021-09-07 15:35:31 [EST]
I.%
11 /9/21, 12:35 PM
Seward, AK Code of Ordinances
Zoning
Principally Residential
Principally Commercial
Principally Public
Districts
RR R1
R2
R3
UR
OR
AC HC CB
I
RM
INS
P
Maximum I34 34
34 Varies 34
34 34 34 34
34
34
34
34
Building
26 or
Height (ft.)
34*
(See Note
1, next
Page)
Varies
None
Varies
10,000
20,000
None
None
Minimum 20,000 Varies
Varies Varies Varies Varies
Buildable 3,000
3,000 3,000 3,000 3,000
6,000
3,000
Lot Size to
to to to I to
to
to
(sq. ft.) 7,000*
7,000* 9,000* 9,000* 9,000*
9,000*
9,000*
(See Notes
2and 7,
next page)
60 or
30
Varies
Minimum 100 Varies
Varies Varies Varies Varies
100
100
None
None
Lot Width 30 to
30 to 30 to 30 to 30 to
90*
30 to
(ft.)(See I 60*
60* 90* 90* 90*
90*
Notes 3
and 7, next
page)
Minimum 20
20
20
20
20
20
10
None
None
20
20
20
20
Front Yard
Setback
(ft.) (See
Note 7,
next page)
except
Leirer and
Tract C-1
below
1/3
11 /9/21, 12:35 PM
Seward, AK Code of Ordinances
7nnina . Prinrinally Rocirlontial Prinrinally rnmmorrial Prinrinally Pi ihlir
Districts
RR R1
R2
OR
AC
HC
R3
UR
CB
I
RM
INS
P
Minimum 20 20
20
20
20
20
10
None
None
10
20
20
20
Front Yard
Setback
(ft.) for
Leirer
Industrial
Subdivision
and Alaska
Skill Center
Tract C-1
only. (See
Note 7,
next page)
5 or 5
10
5
5
5
5
None
10
10
10
20
Minimum 10 5 or 5
Side Yard min.
min.
Setback with
with
(ft.) (See 15
15
Notes 4 total*
total*
and 7, next
page)
Minimum 10
10
10
10
10
10
10 None None
20
10
10
20
Side Yard
Setback
Adjacent to
Street (ft.)
(See Note
7, next
Page)
10
10
10
10
10
10
10
15
20
Minimum 10
10 None, None
Rear Yard
5 and
Setback
10*
(ft.) (See
Notes 5
and 7, next
page)
2/3
11 /9/21, 12:35 PM
Seward, AK Code of Ordinances
Zoning Principally Residential Principally Commercial Principally Public
Districts
Maximum
Accessory
Building
I
Height (ft.)
Maximum
Lot
Coverage
(%) (See
Notes 2G
and 6, next
page)
RR R1 R2 R3 UR OR AC HC CB I RM INS FP
20
20
20
20
20
20
20
20
34
34
20
34
20
30
35
35
40
40
50
50
100*
100
100*
30
50
10
65
3/3
Table 15.10.222. Development Requirements —Table Notes
NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor
Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet.
NOTE 2.
A. Buildable/useable area —Lot may have to be larger to have minimum buildable area available.
B. In the R1, R2, R3, UR, OR, AC and CB Districts, from the Seward Highway/Phoenix Road intersection
South, to include the Bayview Subdivision, 3,000 SF and north, 6,000 SF with 30 and 60 foot minimum
frontages respectively, for single-family residences.
C. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000
SF is to accommodate required widening of an adjacent right-of-way.
D. In the R1, R2, R3, UR, OR , AC and CB Districts, individual lots of at least 3,000 SF in the Original
Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed
for single-family residences provided all other development requirements of this chapter are met.
E. Multiple -Family developments (except studio apartments) with three or more units require a minimum
of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts
require an additional 1,200 SF per unit of five or more units.
F. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB
Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision
require 5,000 SF. All other development requirements of this chapter shall be met.
G. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of
9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other
requirements set forth in this chapter shall be met.
NOTE 3. See Notes 2-D and 2-E above.
NOTE 4. From Seward Highway/Phoenix Road intersection —South, a five-foot setback, each side; north, a
minimum five-foot setback each side as part of a combined 15-foot setback total between both sides.
NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront
boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet.
NOTE 6. Excludes setbacks in HC and I.
NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic
sites.
NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in
an R1 district, except for a long term care facility, aka skilled nursing care facility.
(Ord. 2007-009, § 1; Ord. 2008-006, § 1; Ord. No. 2012-002, § 1; Ord. No. 2016-009, § 1; Ord. No. 2017-002, § 1;
Ord. No. 2018-004, § 1)
(Supp. No. 23-1)
Created: 2021-09-07 15:35:31 [EST]
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