HomeMy WebLinkAbout02062018 Planning & Zoning Work Session Notes r� 1_ 01Y,
WORK SESSION NOTES ON CampingCode
Purpose:
Present: Planning& Zoning Members
Present:
Wilde Bacon Ecklund Flemming Seese
Ballou Anderson Ambrosiani Charbonneau
Called by: c7 IC Time: r77 Date: ?_16
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Sponsored by: Planning and Zoning Commission
Introduction:
Public Hearing:
Enacted:
CITY OF SEWARD, ALASKA
ORDINANCE 2017-012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE CHAPTERS 2, 7, 8, AND
15 RELATING TO CAMPING REGULATIONS
WHEREAS, regulation of public and private camping is addressed in several sections of
the Seward City Code; and.
WHEREAS, it is desirable to make all camping ordinances throughout the Seward City
Code consistent with one another; and
WHEREAS, it is desirable to amend the camping ordinances for public campgrounds to
clarify fees for public campgrounds and to assist park staff with enforcing ordinances, including
fee collection; and
WHEREAS, Alaska Statutes 18.35 and the regulations adopted in 18 AAC 30.400-.470
establish minimum standards of health and sanitation for the protection of the public health and
welfare in campgrounds; and
WHEREAS, purposes of the camping regulations are to protect the public's health,
safety and general welfare, prevent overcrowding and unsanitary conditions in the City, to
provide a wholesome community environment, adequate public services, to conserve natural
resources, and to provide clean, safe and attractive recreational and tourist facilities; and
WHEREAS, in addition to several work sessions, the Planning and Zoning Commission
held a public hearing and recommended City Council approval of the proposed City Code
amendments at its meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. Seward City Code Sections 2.25.065 and 2.25.125 are hereby amended to
read as follows (fit= deletions, bold italics= additions):
2.25.065. - Harbor department—Powers and duties.
The harbor department shall:
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P & Z Commission (Green) �� �5�0
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ORDINANCE 2017-_
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(1) Formulate, recommend and administer policies and procedures pertaining to the
operation of the Seward harbor and its facilities;
(2) Collect harbor fees and charges and maintain such records as are necessary for the
fulfillment of the department function;
(3) Provide for the enforcement of all city regulations pertaining to the harbor;
rn :liti
(5) (4) Provide other services and duties as directed by the city manager.
2.25.125. - Parks and recreation depart►nent—Powers and duties.
The Parks and Recreation Department shall:
(1) Organize various recreational programs for individuals of all ages within the City;
(2) Coordinate recreational activities and programs with the Kenai Peninsula Borough
Community Schools programs and other local recreational entities;
(3) Maintain City recreational facilities;
4 Provide or the operation, maintenance and collection ot Lees or the cit cam)in
acilities
(4) (5) Provide other services and duties as directed by the City Manager.
Section 2. Seward City Code Section 7.15 — Campgrounds, Parks, and Open Spaces is
hereby amended to read as follows (Strikeout= deletions, bold italics= additions):
7.15.010. -Wig,generally
7.15.010. Camping, municipal.
(a) No camping, other than as specified in section °.ivT� 15.10.226, shall be allowed within
the City limits except in areas designated as municipal campgrounds by resolution of the
City Council or in private camper parks operating under a permit. "Municipal
campgrounds" means campgrounds owned or operated by the City and designated as
public campgrounds by resolution of the City Council. Fees for camping in des-ignaked
municipal campgrounds shall be set by resolution of the City Council. Camping on
private land is subject to Chapter 8.15 and Title 15.10.
City Staff (Yellow)
P & Z Commission (Greed
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ORDINANCE 2017-
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(b) hi no event shall eamping by one pai4y be allowed for more than 14 eanseeUtive days '
disabled and/or senior eitizens age 62 and ever may eanip fef extended pei:iods of time
provided that they fifst obtain a monthly pass from the Gity. Menthly passes shall be isstled
Disabled andlor senior citizens age 62 and over may camp for extended periods of time
provided that they first obtain a special permit and monthly pass from the City Parks and
Recreation Department. Tents or structures of plastic sheeting, canvas or similar
materials are not eligible for monthly passes or special permits.
(c) Persons camping E-amper-s must be housed in a camping unit. " eampi g unit is defin
uv,aa.vu
r.ter home, fifth 11,b.ee lar_s,rant.n r� n �,
(d) Camping in designated publie municipal campgrounds shall be allowed between April 15
and September 30 each year, provided, however, that the City Manager may delay modify
the opening of municipal campgrounds until such time as staffing and weather conditions
permit such use. In no event shall camping by one party be allowed for more than 14
consecutive days in one designated municipal campground for a maximum of 28 days,
except as noted in (b). Except for those areas opened for camping by resolution of the
council or stated in subsection (e) below, all pubis municipal campgrounds shall be closed
to camping beginning October 1 through April 14, annually.
(e) Winter camping shall be permitted at the-Iditared a designated municipal campground.
, . a leeated at the south end of in Wate-r-fir-eent -Park. Wintef eamping shall not be-
(f) Persons camping Campers in violation of this section are subject to citation, eviction and/or
impoundment by authorized personnel. Persons camping Gampers who violate posted
camping regulations may have their camping permits revoked and may be evicted by
authorized personnel. If stieh aetion is waffaa4ed, a eemplaint filed by parks personnel shy
Citations or complaints by authorized personnel shall include a complete description
of the violation and any contact between the violator and parks staff.
7.15.020. - Municipal campgrounds, registration and permits.
Municipal campgrounds are designated as self r-egis+r +: ,,, fee areas. Unless otherwise
posted, persons camping C—ampem shall self-register and pay the established fees as posted
before occupying a campsite. A valid camping permit must be visibly displayed and attached to
all camping units at all times. Failure to self-register and pay the established fee shall result in
a fine of$50. If fine is paid within ten days, the fine shall be reduced to $25. For the purposes
City Staff (Yellow) ,, e-�1
P & Z Commission ( fee )'
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ORDINANCE 2017-
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of this chapter, camping is defined as par-kh4g occupying a r-eer-eational .,ehiele camping unit er
setting a tent f-mere than f,.-eenseeutive ,ours A camping unit is defined in 8.15.110.
Section 3. Seward City Code Section 8.15 — Trailers, Mobile Home Parks, Camper Parks
and Camping is hereby amended to read as follows (Strikeeut = deletions, bold italics =
additions):
Chapter 8.15. - Trailers, Mobile Home Parks, Camper Parks and Camping
Article 1. - General Provisions
8.15.110. - Definitions.
As used in this chapter the following terms arc specifically defined as follows;
Addition. An enclosed structure of conventional construction, or a manufactured home unit,
attached to a mobile home.
er- a eenvet4ed hearse, bus, station wagen or- patiel ir-uek designed for use as a tempor-ary tra
dwelling.-
Camper park. A privately owned and operated campground on any Any parcel, or adjacent
parcels of land in the same ownership, which is used by two or more camping units eel
trwveltr ile -tent
Camping unit. A tent or recreational vehicle.
Municipal Campground campgrounds owned or operated by the City and designated
as public campgrounds by resolution of the City Council
Permit. The license issued for and allowing the establishment and management of mobile
home parks or camper parks as defined in this section.
Recreational vehicle. A vehicle used or intended for short-term occupancy as a temporary
dwelling for travel, recreation, and vacation uses to be used as sleepMg quatter for h imam
and which may be driven, towed or propelled from one location to another without change in
structure or design, whether or not the same is supported by wheels or identified by a model,
serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers,
trailer coaches, motor homes, truck campers, buses and similar vehicles.
City Staff (Yellow) �C
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ORDINANCE 2017-
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Space. A defined land area in a mobile home or camper park on which a mobile home or
camping unit, travel *railer, eamper- or may be placed and which is described by boundary
lines measured in terms of:
(1) Its depth expressed as a mean distance between the front and rear of the space,
measured in the general direction of the side space lines;
(2) Its width expressed as a mean distance between the side lines of the space, measured in
the general direction of the front and rear space lines.
Travel trailen A vehiettlaf pai4able structure whieh is not self pr-apeiled, designed fef shoi4
Used/occupied. As applied to any land, buildings, mobile home, or camping unit t-r-avel
tr-ailer- or , the words "used" or "occupied" shall be construed to include the words
"intended, arranged or designed to be used or occupied."
8.15.115. Location.
(a) Mobile home parks; and camper parks, require a conditional
use permit and administrative permit and are eensideroa pefmiaed allowed uses per the
Land Uses Allowed Table in Title 15. iirrR3 or- AGdis4fiets, provided they are approved by
the Seward Planning and Zoning Commission planning eemmissio after public hearing.
by the ..1.,.,..i — after publie hearing
approved v� �.aia�. Yi.cuu
(b) Mobile home or camper spaces must be located a minimum of 75 feet from any permanent
residence building located outside the park unless separated therefrom by a barrier such as a
right-of-way or a fence or wall at least 36 inches in height.
,
Provided they are appFoved by the Seward planning and zening eaffimissien aftef pu
ling.
8.15.120. - Mobile home park and camper park regulations—Applicability.
(a) All mobile home parks and camper parks within the city of Seward shall be constructed,
operated and maintained in accordance with the standards set forth in this chapter. It shall be
unlawful for any person to own or operate a mobile home or camper park which does not
meet the standards of this chapter.
City Staff (Yellow)
P & Z Commission Green)
citizen recommendations (Turquoise) ,�j �1°
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ORDINANCE 2017-
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(b) Nothing in this chapter shall be construed as prohibiting the placement of modular or
prefabricated homes in any district where other single-family dwellings are allowed,
provided the homes meet other applicable zoning, setback, and construction code
requirements of the city, Kenai Peninsula Borough and the state.
8.15.125. - Enforcement of chapter; violations and penalties.
(a) This chapter governing mobile home parks and camper parks shall be enforced by the city
construction x.•.ring inspete, fire chief and the city clerk.
(b) Whenever a violation occurs, any person may file with the city clerk a complaint in regard
thereto. All such complaints shall be properly recorded and immediately investigated by the
appropriate city official who shall report his findings to the city manager.
(c) For any and every violation of the provisions of this chapter, the owner, agent, contractor,
lessee, or tenant of any premises where such violations exist, or any other person who
commits, takes part or assists in such violations or who maintains any building or premises
in which any violation shall exist, may be assessed a penalty of not more than $300.00. Each
and every day that such violation continues shall be deemed a separate and distinct violation.
(d) Any structure which is in violation of the provisions of this chapter shall be and the same is
hereby declared to be unlawful and a public nuisance and the city manager shall, upon order
of the city council, commence lawful action to abate or remove such building, structure or
use or to restrain any violation of this chapter.
(e) All remedies provided for herein shall be cumulative and not exclusive.
(f) The issuance or granting of a building permit or approval of plans or specifications under the
authority of the building code shall not be deemed or construed to be a permit for or an
approval of any violation of any of the provisions of this chapter or any amendment thereto.
8.15.130. - Compliance with other laws.
Mobile home parks and camper parks shall be constructed, operated and maintained in
conformance with all applicable state and local statutes, ordinances or regulations.
8.15.140. - Fire prevention.
City Staff (Yellow)
P & Z Commission (Green)
Citizen recommendations Tur noise
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ORDINANCE 2017-_
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(a) Every mobile home park or camper park shall be equipped with fire extinguisher(s) as
determined by the Fire Chief. Fire extinguisher(s) shall be accessible to the users of
mobile home park and camper park during all operational periods. a 15 pound eafben
diexide ef dry powder- fire extinguisher- in good working efdef, leeffted in the dwelling e
A Eta A th � . thafge ofthe pafk. N open fires shall be ,milted at afty place
within a park, exeept in eampef pafks in fife rings, pits or other faeilities eenstmeted fo
(b) To minimize the possibility of interference with escape in case of fire, the permittee shall
prohibit the parking of vehicles closer than five feet from the door of any service
building, convenience establishment, travel traile , mobile home or eampe recreational
vehicle.
(e) in eaeh mobile home, eamper or-tr-avel tFailer-memadonal vehkele having its own heating o
mapmeFef installation, venting and feel feed systepa. if natural gas or pr- ' - . llfili;rod
as a fuel, ali gas applianees, fittings wid installations shall eenfb� to the eity utility eedee
and fire eed . . 4s (see title 14, utilities, and ehapter 9.15, fire pr-eventiett).
(d) Containers for fuel to be used by mobile home, travel trailer or camper occupants shall be
connected in a lealpree leak proof manner to the stoves or heaters by copper or other
metallic tubing in accordance with manufacturer recommendation. ap ve by the
. Fuel oil containers shall be securely fastened in place not less than
five feet from any exit and/or at least two &�of fiem the body of the mobile home. or-addition
therete or reereadenal,.,, k-k tr yel trailer or eamper.
8.15.145. --Recreational vehicles Travel tr-a-1 rn and mobile homes outside of parks. Camper
Parks and Mobile Home Parks.
8.15.145, -Recreational vehicles and mobile homes outside of'Camper Parks and Mobile
Home Parks.
4 'Note:the above title was in one of the versions of the working document. Does the Cominission want to be this specific"
v� ' i tif�
Vyh;traijef A camping unifniot to exceed 6 hirty f ve feet in length, may be
stored on a private lot in districts', .,t „h lOF
aa4io al vehicles
ah M4c1e-nc:Pd iYl 1 ,, 10,I-Lb I V•�
3 Note: This version also exists in one of the working documents. Do the commissioners wish to allow ��
any 35' camping unit in any zoning district?
City Staff (Yellow)
R&`Y Commission (Green)
Citizen recommendations (Turquoise)
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CITY OF SEWARD, ALASKA
ORDINANCE 2017-
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(b) On a construction project, a travel mobile home or eamper recreational vehicle may
be used for temporary living or work space at the project site f4-a-prrisd-uf"90-xdays if a
letter application for this use is submitted by the owner or manager of the project, site or
property and is approved by authorized personnel
(c) In a mobile home, or recreational vehicle tfavel trailer-or,..,. ,per sales lot, one mobile home
or recreational vehicle, tfavel trailer- or ea per- may be used as an office for sales lot
business only.
Article 2. - Permits
✓8.15.210. - Mobile home park and camper park annual permit required.
(a) No person may &g , operate or maintain a mobile home park or camper park without
first obtaining an annual permit in accordance with this chapter.
(b) The permit shall be issued by the city clerk after investigation and inspection by the city
� on b uilAil inspector and fire chief
(c) The annual permit, along with a copy of this chapter, shall be posted in a conspicuous
location on the premises of the mobile home park or camper park at all times.
(d) All mobile home parks, camper parks, or other trailer courts in existence in any area
annexed to the city in the future shall have ninety days subsequent to such annexation to
obtain a city permit.
(e) The city council may by ordinance restrict the total number of mobile home park permits
and camper park permits to be issued.
8.15.215. - Initial permit.
(a) An application for an annual mobile home park or camper park permit shall be submitted to
the city clerk on a form provided by the city. The application shall include the following
information:
(1) The name and physical address of the mobile home park or camper park;
(2) The name and nutiling address of the applicant, indicating whether operator or owner;
(3) The name and mailing address of the owner if different from the applicant.
(b) The application shall be accompanied by a dimensional site plan at a scale of one inch to 20
feet showing the fo4lowing:
City Staff (Yellow)
P & Z Commission (Green)''
Citizen recommendations (Turquoise)
CITY OF SEWARD, ALASKA
ORDINANCE 2017-
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(1) The specific layout of mobile home or camping unit spaces, caffiper or travel trade
sees setting forth the dimensions of each space;
Article 4. - Camper Parks
8.15.410. - General Provisions.
(a) Camper parks may be established to provide temporary spaces and facilities to eamper-s for
camping units, when used for
touring, vacationing or like transient activities. No vehiele camping unit in a camper park
may remain in the park more than thirty days.
(b) CampeF parks may also pr-ovide spaees and f4eilities fer tent eamping. No tent eamper- ffmy
amper pafk for-more than 30 days.
8.15.415. - Spacing requirements.
The requirement for spacing shall be at least ten feet clear space between camping units
(Ord. 522, § 2 (part), 1984)
have a I'M of way width of 40 feet with Et MiMMUH4 stfffitOe width B-f--2 .
The requirements of seetion 8.15.325 apply to eamper- parks exeept that fRajor- streets may
ather- stfe r-igh4 af way width of 20 feet with a ffitiffifflum r-faree width
o f 1�r 1 4 feet.
Streets` ;`KIalkways, an storTdrdt .must co44, whit Cit orles.
(Ord. 522, § 2 (part), 1984; Ord. 6A 1988)
8.15.445. - Prohibitions generally.
(a) No ..,er-e ie l ehie e or to camping unit situated in a camper park may be offered for
rent or lease.
r
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P & Z Commission (Green)
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ORDINANCE 2017-
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�t M`
(b) No vehicle in a camper par may be rendered immobile except by the unhitching of a
separate towing vehicle, if any. Ganiper Recreational vehicles may be temporarily tied
down only as required for the safety of the vehicle and the area. Removal of wheels,
skirting, attachment of structures, � uiin �rldition.V. or foundations or any
other act evidencing permanency of occupancy shall not be permitted.
t�
- ' 8.15.450. - Registration required.
�~ The owner or operator of a camper park shall maintain a register containing the name and
address of each person occupying the park, a license or identification number and
ell description of each vehicle occupying the park and the date of each arrival and departure on a
*� form approved by the city. This register shall be retained for at least three years, and shall be
available for inspection by the city at any time. No person who refuses to register may be granted
occupancy in the camper park for himself f or his vehielo
I
8.15.455. a Alaska landlord-tenant act inapplicable.
A camper park is not a mobile home park as set forth in AS 34.03.360(3}�. Structures and
mobile homes within the terms of AS 34.03.360(3) are not permitted in a camper park.
Article 5. —Camping—See§15.10.226
(a) No eamping, other- than as speeified in § 8.15.515 shall be allowed within the eity limits
emeept in areas designated as eampgrounds by resolution of the city eouneil or in eampe
parks operating under pe f it in no event shall r.,a.Y,r ing by one party be allowed fur more
shall be limited as speeifited in this chapter. Fees for- eafflping in I i- ffiftFo�tfids
be established at the disewiaii of!he pad( manager or owner.
(b) Camping in designated publie eampgreunds shall be allowed between May 15 and
September 30. Except for these areas opened foF eamping by resolution of the eauneil, all
publie campgrounds shall be elesed to eamping beginning October 1 through May 14,
annually.
(Ord• e e a 04 s
8.15.515. lam.,».,.;ng o privately owned lots
Gaffiping on privately awned lots etitside of a eamper park operating undef peFfflit shall-a4y
be allowed R and lzf�zene: � ( l 1 C 1 nd land_ � � t ) C u l
V Ti13LT�G-L�.��I.S+ Crt3�1�,�7II77i'I'IR�'�.AfI�C�tGC33R-iR�•�4�tilITi31�3Tf�G[Glf
City Staff (Yellow)
px A. 0" yen)'
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CITY OF SEWARD, ALASKA
ORDINANCE 2017-
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eceupaney shall be limited to one tr-avel tr-ailer-, eamper- or- tent and shall he for r-eer-eational of
vaeationing purposes only. Cam. ' — 4ded in this seetien shall tie! exceed 60 days per
Vealaa Article 6. - Employee Campgrounds—See§15.10.226
8.15.610. Purpose.
Cienffaliy, empleyee eampgrounds aFe fef established businesses with high seasonal
employment of transient workers, and are not to be construed as eenstruefien camps. No
empleyee eampgr-ound ffiay be open for- mere than 150 days per- calendaF year-, and may not open
eouneil baged en speeifie findings that a longef! lemi, earlier- opening date and/or later eles
UULV is
iffi an employee eampgr-ound is fimited to the transient workers of that ifldtfstFy
(Ord. 573 1 9W
8.15.620. Gnrbage and refuse.
pen:nanent eF po able toilets. if permaneat feeilities aFe eOnSIFUOted, they shall eenfefffl to
seetion 4 1 4 425(b) of this ehaptar
ehapier-, of provided on the job site of the .
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ORDINANCE 2017-
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The requirements for spacing shall be at least ten feet elear spaee between Feereational
vehieles or- tent w4its. Vehieles other than these being used for living aceemmedations shall not
by parked . ithi., the eafflpgWtifid n
(Ord573, 1986)
Section 4. Seward City Code Section 15.10 Planning and Land Use Regulations, Seward
Zoning Code is hereby amended to read as follows (Strikeout = deletions, bold italics —
additions):
15.10.140 - Definitions.
A. General interpretation.
B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
18. Campground. A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by tersor roere-ation vehie s camping units
as temporary living quarters for recreational or vacation purposes.
a. Campground, municipal. Campgrounds owned or operated by the City and
designated as public campgrounds by resolution of the City Council.
b. Campground, private camper parks. A privately owned and operated campground
on any parcel, or adjacent parcels of land in the same ownership, which is used by
r two or more camping units.
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.
20. Camper park. A privately owned and operated campground on any parcel, or adjacent
parcels of laud in the same ownership, which is used by two or more camping units.
,21. Camping unit. A tent or recreational vehicle.
,t �5.10,226 Land Uses Allowed
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ff (Yellow
h re MMM
crammena#inns (Turquoise)
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ORDINANCE 2017-
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(a) MP 4 `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 a
(i) Camping is allowed subject to the following:
(1)No Camping for a fee shall be allowed within the city limits ; +ep(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 t� a fN
use to an occupied, single family {tome is limited to private non-commercial use and for
no fee. Such occupancy shall be limited to one camping unittand shall be for recreational—�� G Ur
or vacationing purposes only. Camping as provider{ in this section shall not exceed .1-4.���I {{ ,U
days per calendar year. Whenever a violation of'this section occurs, airy person may. y�l S r 0'r 0+4
complaint with the City Clerk. ,All such complaints shall be pro perk recorded
P h p P P `��',�0
immediately investigated by the appropriate City official who sll report l ' ing tQ
the City Manager. '{51,,,, p
(j) Employee Campgrounds are allowed in accordance with table . 15.10.22d 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) Separate sanitary facilities shall`be•provided for each sex. Such facilities shall include
either permanent or portable toilets. If permanent facilities are constructers, 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.
(5) The requirements for spacing shall be at least ten feet clear space between +
`. , units. Vehicles other than those being used for living
accommodations shall not be parked within the campground area proper.
Table 15.10.226' .'� �:1 Land Uses Allowed
City Staff (Yellow)
P & Z Commission (Green)
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ORDINANCE 2017-
Page 14 of 14
Zoning Principally Residential Principally Commercial Principally
Districts Public
Uses RR RI R2 R3 UR OR AC HC CB I RM INS P
Campground, UP C/P UP UP
municipal
.Campground, C/P C/P C/P GLP
camper park,
RV ark
private nor}
Campground, C/P
employee
Section 5. This Ordinance shall take effect ten days following approval and posting.
ENACTED by the City Council of the City of Seward, AIaska, this day of
2018.
THE CITY OF SEWARD, ALASKA
David Squires, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
City Staff (Yellow)
P & Z Commission (Green)
Citizen recommendations jargWise)
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