HomeMy WebLinkAboutOrd2022-001 - Housing Definitions - Failed Sponsored by: Planning and Zoning Commission
Introduction: January 10, 2022
imori Public Hearing: January 24, 2022
Failed: January 24, 2022
CITY OF SEWARD, ALASKA
ORDINANCE 2022-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, 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, 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, since 2018, the Planning and Zoning Commission has been working on
Dwelling, Housing and Lodging definitions; and
WHEREAS, the 5/19/2020, 10/20/2020, 12/15/2020, 1/19/2021 5/4/2021, 7/6/2021,
8/17/2021, 9/21/2021, and the 11/16/2021 public work sessions specifically addressed 15.10.140
and 15.10.226 Definitions and Land Uses Allowed; and
WHEREAS,the Planning and Zoning Commission wishes to respond to the concerns and
requests of the public and promote community and 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows:
(Deletions= Bold Striketb-Feughs; Additions = Bold Italics.)
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
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 building 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 building structure shall be considered to be a part of the main building
when joined by a common wall or connected by a breezeway to the main building.
Accessory building structure means any structure regardless of type of foundation or
base support, including skid-mounted or other moveable structures.
(Accessory or mother-in-law apartment. See Dwelling, Efficiency apartment)
(2) Agriculture. Commercial fanning, 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.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-001
(8) Apartment.Any portion of a building which is designed, built, rented, leased, let or
hired out to be occupied or which is occupied as the home or residence of an
individual for daily living and doing their own cooking independently of any other
individual or family in the same building.
a. Commercial building apartment. An apartment located within a building
designed to accommodate a mix of residential and commercial uses.
b. Efficiency apartment (also called accessory apartment). A single separate
dwelling unit consisting of not more than one habitable room which includes
combined kitchen, dining and sleeping areas with accompanying sanitary
facilities, and which is located within or shares a common wall with a single-
family dwelling.
c. Owner or manager apartment. An apartment within a building that is designed
to be used exclusively as the living quarters for the owner or manager's family
of that building or a commercial business located in the building.
d. Studio apartment. A small apartment less than 500 square feet with a fully
functional kitchen and bathroom.
f9� (S) 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.
00/ (9) 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)
WA 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 guests
for residential occupancy and in which no cooking or dining facilities are
provided in the individual rooms.
b. Meals may be regularly 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.
(12) (10) Brewpub. An establishment that is primarily an eating place which includes the
brewing of beer as an accessory use.
(13), (11) Building. Any structure built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
L.. (12)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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
OA (13) Building, existing. A building erected prior to the adoption of this Code or one
for which a legal building permit has been issued.
ail (11)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:
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.
CEA (44) 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)
1'EA (16)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.
f Business License.A permit issued by government agencies that allows individuals
or companies to conduct business within the government's geographical
jurisdiction.
(- Business, personal service. The conduct of business where personal assistance
is offered for compensation; i.e., dressmaking,tailoring,barbers and beauty, etc.
WI (4-8)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 camperparks.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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
l� ( ) 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) (20)Camping unit. A tent or recreational vehicle.
(24) (21) 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.
L251 (22) 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.
(23) 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.
( (24) 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.
i2/ (25)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 apartment. See Dwelling Apartment),
( (26)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.
0/ (27)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)
L311 (28)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)
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
.011 (29)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.
(30)Drive-in facility. Any portion of a building or structure which by design permits
customers to receive services,obtain goods or be entertained while remaining in their
motor vehicles.
£i (31)Dwelling.
mere--families 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. Apartment. Any portion of a building which is designed,built,rented, leased, let
or hired out to be occupied or which is occupied as the home or residence of an
individual for daily living and doing his own cooking independently of any other
individual or family in the same building.
b. Apartment, commercial building. An apartment located within a building
designed to accommodate a mix of residential and commercial uses.
c. Apartment, efficiency(also called accessory apartment). A single separate
dwelling unit consisting of not more than one habitable room which includes
combined kitchen, dining and sleeping areas with accompanying sanitary
facilities, and which is located within or shares a common wall with a single-
family dwelling.
d. Apartment,owner or manager. An apartment within a building that is designed to
be used exclusively as the living quarters for the owner or manager family of that
building or a commercial business located in the building.
e. Apartment, studio. A small apartment less than 500 square feet with a fully
functional kitchen and bathroom.
f. 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.
g Duplex. A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from ground to roof
or unpierced ceiling and floor extending from exterior wall to exterior wall,
except for a common stairwell exterior to both dwelling units.
h. (g)Guest house. An accessory building occupied on a temporary basis solely by
nonpaying guests.
L (#) 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.
,L (i)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
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
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.
k. (j)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)
L Single-family. A building designed and/or used exclusively for occupancy of
one family and entirely surrounded by open space on the same lot.
m. (4) Single-family, detached. A building designed and/or used exclusively for
occupancy of one family and entirely surrounded by open space on the same lot.
n. (m) Two-family or duplex. A building containing two single-family dwelling
units totally separated from each other by an unpierced wall extending from
ground to roof or unpierced ceiling and floor extending from exterior wall to
exterior wall,except for a common stairwell exterior to both dwelling units.
(n)Unit,dwelling unit. ,
A single unit providing
complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation.
(e) 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.
da ( )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) (33)Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar
animal commonly kept as livestock.
WA (34) 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.
l2& (35) 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.
Q (36) 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
frill (37) 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.
al/ (38) 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)
Lai Guest Room.A room used or intended to be used by one or more guests for living
or sleeping purposes.
(39) Guide service. Any premises used for collecting or returning persons from
recreation trips when remuneration is provided for the service.
(Halfway house. See Housing /// )
fj (40)Health club. Includes,but is not limited to,gymnasiums(except public),private
clubs (athletic, health or recreational), reducing salons and weight control
establishments.
(44-)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.
f� (42)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.
f4�7 (43) Home professional office. A home occupation consisting of the office of a
practitioner of a recognized profession.
(Hotel. See-Lung)
Lim Hostel. A building, or portion thereof, in which temporary or overnight lodging is
provided for hikers, cyclists or other travelers not generally traveling by car.
L411 Hosted lodging unit.
a. An owner occupied single-family residential dwelling where the owner
resides at the dwelling unit while it is being rented
b. A room or group of rooms in which sleeping accommodations are furnished
for compensation or other services may be furnished by the owner or operator
to any individual not a family member.
c. A hosted lodging is limited to a home occupation within an owner-occupied
dwelling which is the owner's principal place of residence and to the rental
of not more than 50 percent of the bedrooms to a maximum of five.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
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 sleeping rooms is through a main entrance and which may
provide food, entertainment, meeting rooms, recreational facilities or various
personal services. Includes lodges and inns.
1'j Housing Unit. Structures providing housing for groups of people, such as students,
employees or nursing home residents,a dormitory or a group of cells with a common
davroom.
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. Dormitory. A building used as residential group living quarters for a student
body or religious order as an associated use to a school, orphanage or other
similar institutional use, and does not include kitchen facilities except a group
kitchen facility to serve all residents.
d. Group care home. A dwelling shared by no more than five disabled persons,
plus resident staff, who live together as a single housekeeping unit and in a
long-term, family-like environment in which staff persons provide care,
education and participation in community activities for the residents with the
primary goal of enabling residents to live as independently as possible in order
to reach their maximum potential.The term"group care home"shall not include
alcoholism or drug treatment centers,work release facilities for convicts or ex-
convicts or other housing facilities serving as an alternative to incarceration.
e. Halfway house. A licensed home for inmates on release from more restrictive
custodial confinement, or initially placed in lieu of more restrictive custodial
confinement, wherein supervision, rehabilitation and counseling are provided
to mainstream residents back into society, enabling them to live independently.
Such placement is pursuant to the authority of the Alaska Department of
Corrections.
f Substance use disorder treatment facility. A licensed facility that provides a
therapeutic, planned regimen of substance use treatment and education
services for persons in the early stages of recovery from addiction, who
require a safe and stable living environment in order to develop recovery
skills. Services are provided on-site in a 24-hour live-in setting, with 24-hour
staffing Persons admitted to these facilities do not include people who pose a
threat or danger to the public for violent or sexual misconduct.
WA 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
CITY OF SEWARD,ALASKA
ORDINANCE 2022-00,
(53) (45) 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.
(46) 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.
(55) 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(OTA)". Third-party agents that
list accommodations and advertise them through their own network. VRBO and
Airbnb are examples of vacation rental listing sites.
(57) (47) Livestock. Generally accepted large (over 250 pounds) and small (under 250
pounds) outdoor farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.).
Does not include cats, dogs and other common household pets.
(58) (48) Loading space. A space located on premises for pickup and delivery at the
premises. Required off-street loading space shall not be included as an off-street
parking space.
(59) (49) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight
sleeping accommodations for a period of less than 30 consecutive days. This use
ludes bed .a„d bre.,kf st but does not ; clude .. otel hotel a h t 1
Bed and breakf st A n ed nd rated gl f i1 sid t' l
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dwelling whe a lodg ith a al i ided a .,t; h rt + ,.1,,,
........,,.b .,,....i ,....bi:6'..111 u aaavua au Yiv.auvu avr vvaiaYvily
hasir The term does not : clude boardinghouses and rate a ,-t t hi h
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are leased ^ nth to ntl, ^.•to .•b..
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transient guests F sidential ., a and in . h' h k di
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facilities.
e �4 build g-e -pe# e�rtn f h h taws..^..,. ht lodg ng
, eTe�Tj T'r�'1--'V"RIIGTI-C "G711T6TILT7Qg212g
is provided f r hike yclist. other tr ele s not n r ll t l' ^b
rl i4etel, f edit ,ith ore t n.a t
.,. . ... J.,. ..l 111V1 V �Ccc�r-r-^ "eri-ci�csrimziiiir6c,-izcric
nfft. ent le d t' t th 1 ubl; d '1 t
..;:b ......Jl..all l.,ubiib uccvrinixvQirciv�irscv rrra. gene zrcc
where--access :o ill sle^ eems is tthrou 1, a main nt a .l h' h
�ln...iib a avu�la u laauaaa vllciu"
provide-€ood, enteFtai-i"ment, meeting ms, recreational-facilities- ous
pvroviaua
,lJcz Includes lodges .,nd :
f
CITY OF SEWARD, ALASKA
ORDINANCE 2022-001
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(40) Lot. A parcel of land of at least sufficient size to meet minimum zoning
requirements for use, coverage and area and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage or access on a public street
or on an approved private street and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record,or complete lots of record and portions
of lots of record,or portions of lots of record; or
d. A parcel of land described by metes and bounds, provided that in no case of
division or combination shall any residual lot or parcel be created which does not
meet the requirements of this chapter and that, in the case of multiple lots or
portions thereof, the property be replatted to eliminate interior lot lines.
1. 1M-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. (C)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. (D)-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. (E) Lot depth. The horizontal distance between the front and rear lot lines
measured on the longitudinal centerline.
6. fF Lot,interior. A lot other than a corner lot.
7. (6}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. f t)Lot line, side. Lot boundary not a front lot line or a rear lot line.
10 (J) 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
11. {4r} Lot width. The average horizontal distance separating side lot lines of a
lot and at right angles to its depth.
(51) Lumberyard. An establishment that sells sawn timber and other building
materials typically stored on the premises.
(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.
(5-3) 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.
(-54) Marijuana. Marijuana means "marijuana" as that term is defined in Alaska
Statute 17.38.900 and any amendments thereto.
CgA ( 5) 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 facility. Marijuana cultivation facility means an entity
registered to cultivate, prepare, and package marijuana and to sell marijuana to
retail marijuana stores,to marijuana product manufacturing facilities,and to other
marijuana cultivation facilities,but not to consumers.
1. Limited marijuana cultivation facility. A limited marijuana cultivation
facility has the privileges set forth at 3 AAC 305.405(a) and (b), and is
subject to the prohibitions at 3 AAC 306.405(c), except that it must have
fewer than 500 square feet under cultivation.
b. Marijuana product manufacturing facility. Marijuana product manufacturing
facility means an entity registered to purchase marijuana; manufacture, prepare,
and package marijuana products; and sell marijuana and marijuana products to
other marijuana product manufacturing facilities and to retail marijuana stores,
but not to consumers.
c. Marijuana testing facility. Marijuana testing facility means an entity registered to
analyze and certify the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to
purchase marijuana from marijuana cultivation facilities, to purchase marijuana
and marijuana products from marijuana product manufacturing facilities, and to
sell marijuana and marijuana products to consumers.
(66) (56)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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
f� (57) 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)
Lel (58) 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.
Lei (59) 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)
fA Motel.A building,or group of detached or connected buildings,having six or more
guest rooms, an on premises manager and parking conveniently located on the
premises, which are designed primarily to offer sleeping accommodations, with or
without meals, to the motoring public on a daily rate. Includes designations such
as motor lodges, auto courts, tourist courts and similar terms.
(Multiple-family. See Dwelling)
Lai Multistory Unit A dwelling unit or sleeping unit with habitable space located on
more than one story.
f721 (60) 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.
fA (61) 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.
Oaf/ (6 )Noxious use. A use which is injurious or harmful to health, highly disagreeable
or offensive.
(6-3) 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.
CM (64)Open area. Open area is any portion of the lot not:
a. Covered by a structure,or;
b. Used for parking spaces and maneuvering.
(65) Owner. ,
Any person, agent, operator, entity, firm or
corporation having any legal or equitable interest in the property; or recorded in
the official records of the state, borough or municipality as holding an interest or
CITY OF SEWARD, ALASKA
ORDINANCE 2022-001
title to the property; or otherwise having possession or control of the property,
including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real
property by a court.
f7�8 (66)Park.Any public land available for recreational,educational,cultural or aesthetic
use.
0/ (67)Parking area.A structure or an open area,other than a street,alley or other right-
of-way, on which vehicle parking spaces are defined, designated or otherwise
identified and available, whether free or for compensation, for use by the public,
clients, tenants, customers, employees or owners of the property for which the
parking area is required by ordinance.
01 {68)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.
(j (69) 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.
.CUI (70)Parking,valet.Attendant parking provided as a service to patrons of commercial
establishments.
Ligi (71) 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.)
gm (72) 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.
Lgi (73) 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.
(74) Professional office. The office of a member of a recognized profession
maintained for the conduct of that profession.
CEA (75) Recreational, indoor commercial. A facility accommodating such indoor
recreation activities as skating rinks,bowling lanes or shooting/archery ranges.
L (76)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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
Includes travel trailers, camping trailers, tent campers, trailer coaches,motor homes,
truck campers and similar vehicles.
OA (78) 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) (79)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.
(80) 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) (81)Repair service,household/appliance.A business establishment where repairs are
made to appliances and furniture.
(94) (82) Residence. A home, abode or place where an individual is actually living at a
specific point in time.
(95) (83)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.
I'2A (84)Restaurant.An establishment whose principal business is the sale of food and/or
beverages to customers in a ready-to-consume state and whose principal method of
operation includes one or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods
and beverages by a restaurant employee at the same table or counter at which the
food and beverages are consumed; and/or
b. A cafeteria-type operation where food and beverages generally are consumed
within the restaurant building.
LEA (83) 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.
(86)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.
L9.21 (87)Salvage yard(auto wrecking,scrap,junk).Any area used for the storage,keeping
or abandonment of junk or waste material, including scrap metal or other scrap
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materials, or for the dismantling, demolition or abandonment of automobiles,
machinery, other vehicles or parts thereof.
(100) (88) 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) (89) School, commercial. A facility providing commercial instruction in such
activities as music, dance, arts, crafts and sailing.
(102) (90) School, adult vocational. A facility providing a general curriculum of adult
academic or vocational instruction.
(103) (9-1-) 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) (92) 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 verifying that
an individual has met all the requirements to legally operate a hosted lodging unit
or whole house nightly 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/housing rental market.
(107) Short-Term Rental Transaction. A transaction whereby a Licensee accepts
payment or any other remuneration from another person for lodging
accommodations for a period of less than thirty(30) consecutive days.
(Single-family, attached. See Dwelling)
(Single-family,detached. See Dwelling)
(108) Sleeping Unit. A room or space in which people sleep, which can also include
permanent provisions for living, eating, and either sanitation or kitchen facilities
but not both. Such rooms and spaces that are also part of a dwelling unit are not
sleeping units.
(109) (93) 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) (94)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
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
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) (95) 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) (96) 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) (9 7)Surface, durable. Means brick, flag-type stone,gravel, cement,or asphalt.
(114) (98)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 buildinj containing two or more dwelling units, each of which has
primary ground floor access to the outside and which are attached to each other by
party walls without openings Also, commonly called single family attached, row
house and zero-lot line. (SCC 15.10.235).
(116) (99)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) (400) 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;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 or duplex. See Dwelling)
(Unit,dwelling unit. See Dwelling)
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(119) (101) 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) (102) Vehicle, motor. A self-propelled device used for transportation of people or
goods over land surfaces and licensed as a motor vehicle.
(121) (103)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) (101) 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) (105) 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) (106) 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-
CITY OF SEWARD,ALASKA
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dependent 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
agent) is not required to reside at the residence unit. Describes a furnished self-
contained dwelling that is rented for short periods of time, usually by the day as
opposed to annual rentals in the unfurnished apartment/housing rental market.
Primarily used for accommodations or lodging of guests paying a fee or other
compensation for a period of less than 30 consecutive days.
(126) (107)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) (108)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:
(Deletions=Bold S#ilkethraughs; Additions= 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
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
I
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.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home
occupation within an owner-occupied dwelling which is the owner's principal place of
residence and to the rental of not more than 50 percent of the bedrooms to a maximum
of five.
(5) In all other residential districts, lodging within single-family residences and duplexes
is limited to a home occupation within the business owner's principal place of residence
and to the rental of not more than 50 percent of the bedrooms to a maximum of five.
f� 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.
La (6) 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.
,(� Within commercial districts as well as OR and R3, whole house nightly rentals are
limited to the rental of not more than five guest bedrooms.
(7)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.
l� (8) The rental of individual rooms for lodging purposes is not extended to apartment
unit tenants.
WI (9) 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
(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
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.
I
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
(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.
(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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
(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.
(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
CITY OF SEWARD,ALASKA
ORDINANCE 2022-001
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 opening date
and/or later closing date is warranted because of special circumstances.
(2) Occupancy in an employee campground is limited to the transient workers of that
industry or business granted a conditional use permit and annual permit.
(3) Garbage and refuse.The requirements of section 8.15.340 shall also apply to employee
campgrounds.
(4) Sanitary facilities shall include either permanent or portable toilets. If permanent
facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities
may either be on-site in conformance with section 8.15.425(b), or provided on the job
site of the employer.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-001
L
(5) The requirements for spacing shall be at least ten feet clear space between camping
units. Camping units, other than those being used for living accommodations, shall not
be parked within the campground area proper.
12. Short-term rental as defined in subsection 15.10.140 (105) is allowed in accordance with
table 15.10.226 of this chapter and subject to the following conditions:
1. Short-tern: 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 storage shed or garage.
2. Short-term rentals in residential districts. Short-term rental facilities in or adjacent
to residential districts shall not infringe upon the right of neighboring residents to
reasonable peaceful occupancy of their homes.
3. Annual business license and annual permit required for each short-term rental.
a. Short-tern 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, documenting conformance with City Code
and agreement to conform to all permits and licenses. The International Fire,
Residential, and Building Codes shall be applied at the time of permit for use.
4. Annual permit information. The property owner shall report to the city the following
im• minimum information:
a. The address of the short-term rental.
b. Contact name(,) of the property owner.
c. The total number of nights the short-tern: rental was occupied for transient
accommodation or lodging with bed tax application.
d. The Short-Term rental's maximum occupancy.
e. Location of assigned off-street parking, if applicable.
f. Documentation of annual fire safety inspection signed by the Seward Fire
Department.
g. Twenty-four (24) hour contact information for the property owner or local
representative.
h. A copy of the official Emergency Management tsunami evacuation route map.
5. Application of health, fire safety, and building codes. Short-term rental facilities
shall meet all applicable health, fire safety, and building codes.
a. New, converted, or annexed short-tern: 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.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-001
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 of Seward business license fee required by Chapter
8.30.
a. Renewals will be accepted every October (regardless of the original date of
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-terns 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-tern: 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, regardless of whether the licensee obtains
liability insurance for the short-term rental through that Insurance Company.
The Licensee shall verify compliance with this notification requirement by
executing and submitting a form affidavit provided to the Community
Development Department during the application process.
b. A licensee shall maintain liability insurance to cover use of the Short-Term
Rental in an amount determined appropriate by the Insurance Company
insuring such Short- Terns Rental, but in any case, no amount of less than one
million dollars ($1,000,000) in the aggregate. Such coverage shall be
maintained in full force and effect for the term of the license. Alternatively, a
Licensee may elect to conduct each Short-Tern: Rental Transaction through a
Hosting Platform that provides equal or greater insurance coverage for each
Short-Tern: Rental Use, provided that the Licensee abides by the notification
requirements.
c. A licensee shall maintain an insurance policy as described in section 11 a & b.
Failure to maintain an insurance policy as described in section 11 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-tern:
rental permit, in the discretion of the City and may result in a fine, up to $1000 in
accordance with k 1.05.010.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-001
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 or thirty (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
24`1' day of January, 2022.
THE CITY OF SEWARD, ALASKA
FAILED
Christy Terry, Mayor
AYES: None
NOES: Osenga, Calhoon, McClure, DeMoss, Terry
ABSENT: Wells, Casagranda
ABSTAIN: None
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)