HomeMy WebLinkAboutOrd2022-003 - Employee Campground Sponsored by: Planning and Zoning Commission
Introduction: January 10, 2022
Public Hearing: January 24, 2022
Enactment: January 24, 2022
CITY OF SEWARD,ALASKA
ORDINANCE 2022-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE 15.10.226 LAND USES
ALLOWED, (J) EMPLOYEE CAMPGROUND
WHEREAS, the Planning and Zoning Commission postponed a Conditional Use
Application for an Employee Campground to hold a public work session to receive more public
input and to review Employee Campgrounds in City Code; and
WHEREAS, the Planning and Zoning Commission held a public work session on
November 16, 2021 to discuss amending 15.10.226 Land Uses Allowed, J Employee
Campgrounds; and
WHEREAS,the Planning and Zoning Commission wishes to respond to the concerns and
requests of the public and promote community and economic growth.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Section 15.10.226 J is hereby amended to read as follows
(new language is in bolded italics and underlined and deleted language is stricken):
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.
(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.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-003
(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.
(6) Within commercial districts, lodging is limited to the rental of not more than five guest
bedrooms regardless of building or business ownership.
(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.
(8) The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
(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.
(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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-003
(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.
(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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-003
(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.
(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:
CITY OF SEWARD, ALASKA
ORDINANCE 2022-003
(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
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:
CITY OF SEWARD,ALASKA
ORDINANCE 2022-003
(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 15th and no later than September 30th
(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 4-5A 180 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) Camping units as described in 15.10.140 are not permitted. For the purposes of this
section, a camping unit is described as a modified camping Connex, providing living
facilities for one or more persons.
(3) Occupancy in an employee campground is limited to the transient workers of that
industry or business granted a conditional use permit and a -pez .
(3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee
campgrounds.
(4) Sanitary facilities shall be provided and include either permanent or portable toilets on-
site. If permanent facilities are constructed, they shall conform to section 8.15.425(b).
Shower facilities shall be provided and may either be on-site in conformance with
section 8.15.425(b),or provided on the job site of the employer.
(5) The requirements for spacing shall be at least ten feet clear space between camping units.
Camping units, other than those being used for living accommodations, shall not be
parked within the campground area proper.
Section 3. This ordinance shall take effect ten(10)days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this
24th day of January, 2022.
THE W , ALASKA
Chris ry, vor
CITY OF SEWARD, ALASKA
L. ORDINANCE 2022-003
AYES: Osenga, DeMoss, McClure, Calhoon, Terry
NOES: None
ABSENT: Wells, Casagranda
ABSTAIN: None
ATTEST:
Brenda J. Ballou,
City Clerk
(City Seal)e..,,.2"1•04,
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City Council Agenda Statement
r
Meeting Date: January 10, 2022 �
To: City Council
From: Planning & Zoning Commission --
Agenda Item: Ordinance 2022-003: Amending Seward City Code 15.10.226 Land Uses
Allowed, (J) Employee Campgrounds
Background and justification:
On November 2, 2021, the Planning and Zoning Commission reviewed a Conditional Use Permit
application for an Employee Campground. After discussing the application and hearing comments
from the public, the Planning and Zoning Commission decided to postpone the application and
schedule a work session where they could discuss in more depth the City Code for Employee
Campgrounds.
On November 16, 2021, the Planning and Zoning Commission held a public work session in which
they received public input and discussed making a change to Seward City Code 15.10.226 Land
Uses Allowed, J Employee Campgrounds to extend the duration of the operating time frame, to
change what is defined as a camping unit in an employee campground, and to clarify the
requirements for sanitary and shower facilities.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Community Values — 2.2.8 City Government — continue to review and update
the city code.
Goals, Objectives, and Implementation Action Items—continue to improve the
quality and efficiency of city governmental services
Strategic Plan: Page 5—adjust local development regulations,where appropriate,to encourage
development that is consistent with our economic base vision.
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0.00
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable I �,
Finance Director Signature: �( I
Attorney Review✓ Administration Recommendation
Yes ✓ Adopt Ordinance
✓ Not applicable Other: