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Planning and Zoning Work Session
Discuss Title 15 Definitions pertaining to
Dwelling, Lodging, and Housing
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WHAT IS A DEFINITION?
The Oxford Universal Dictionary defines definition as"A precise statement of the essential
nature of a thing."(There are four other definitions related to the root"define"that do not apply
here). Webster elaborates somewhat: a definition is"a word or phrase expressing the essential
nature of a person or thing or class of persons or things, a statement of the meaning of a
word or word group."
In the context of the land development ordinance, definitions have three purposes:
1. Definitions simplify the text. In The Illustrated Book of Development Definitions, we
note that a definition makes it possible to combine long phrases, lists of words,or similar
terms into one or two words,which in the zoning context may be treated alike. For
example, rather than repeat"application for site plan approval,""permission to build in a
floodplain,""soil removal application,"or"application for subdivision" in an ordinance
regulating development,the phrase"application for development"can be defined to mean
all of the preceding terms. Similarly,the term"manufacturing"is defined to mean:
Establishments engaged in the mechanical or chemical transformation of materials or
substances into new products inducing the assembling of component parts, manufactured
products,and the blending of materials, such as lubricating oils,plastic, resins,or liquors.
The ordinance would be considerably longer if the words used to define manufacturing
had to be repeated throughout the ordinance whenever the term"manufacturing"was
used.
2. Definitions establish the precise meaning of a word or phrase that may be subject to
differing interpretations. Precision eliminates ambiguity and vagueness. It focuses on
the essential elements of a word or phrase and clearly marks off and limits its application
or interpretation. For example,a zone may permit light industrial uses. Is it not true that
everyone knows the nature of light industry? Industry means work. Perhaps it also means
manufacturing. Is warehousing included? Webster has five definitions of industry, and
the North American Industry Classification System (NAICS),which replaced the
Standard Industrial Classification Manual in 1997, lists 1,179 industries,or as the manual
defines it, ". . .the entire field of economic activities . . . ."Even if we define industry as
manufacturing(defined by NAICS as"establishments engaged in the mechanical,
physical,or chemical transformation of materials, substances, or components into new
products(including)assembling of component parts"),we still have the difficult task of
defining light manufacturing. Does light refer to the end product,the raw material,or the
machines used in the process?Or does it refer to something else completely? By
precisely defining light manufacturing in an ordinance,we eliminate the vagueness and
ambiguity that,at best, results in confusion and,at worst,ends up in costly lawsuits and
delays.
3. Definitions transform technical terms into an understandable, usable terminology.
Definitions give meaning to sometimes abstract,technical terms for the purpose of
controlling and guiding development. For example, when referring back to light
manufacturing,the term "light"may be defined in more than a few contexts, including
trip generation, bulk controls,water runoff, and nuisance characteristics. Each of these
terms has its own definition,and the one for light manufacturing should refer to the
Page 2 of 20
ordinance for the standards that distinguish it from medium or heavy manufacturing.
Thus, one nuisance characteristic may be noise,and the standard for light manufacturing
as it relates to noise can include maximum day and night decibel levels and specific
measuring points.Another is light and glare,which are regulated in terms of maximum
foot-candle and where observed.
WHAT DEFINITIONS ARE NOT
Definitions simplify,clarify,and translate. What should they not do?
Definitions should not contain the control standards that regulate the defined word or
phrase. For example,most ordinances attempt to define home occupations in terms of the
standards under which the home occupation can operate.These standards usually include the
percentage of floor area that can be occupied, limitations on nonresident employees,parking
requirements, lots sizes,and sign controls. These control elements do not belong in the
definition; rather,they belong in the body of the ordinance and may vary depending on the zone
in which the home occupation is permitted. To locate the standards in the definition precludes
this flexibility.
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SEWARD CODE:
8.15.110 -Definitions.
As used in this chapter the following terms are specifically defined as follows:
Duplex mobile home.A mobile home designed for occupancy of two families and
containing two separate dwelling units.
/
Dwelling unit. One or more habitable rooms which are designed to be occupied by one
family with facilities for living, bathing, sleeping and cooking.
Manufactured housing/manufactured home.A dwelling unit designed for long-term
residential use which is:
(1) Mass-produced in a factory;
(2) Designed and constructed for transportation to a site for installation and use when
connected to required utilities;
x (3) Either an independent, individual building or a module for combination with other
\ elements to form a building on the site.
W c The term "manufactured housing" is not intended to apply to use of prefabricated panels,
4 1^ trusses,plumbing subsystems,or other prefabricated sub-elements incorporated in the
` course of construction of buildings on the site, but only to major elements requiring minor
v and incidental on-site combination or installation.
Mobile home. Manufactured housing built on a chassis and/or in accordance with
Department of Housing and Urban Development standards contained in Code of Federal
Regulations Title 24,Chapter 20. A mobile home shall be construed to remain a mobile home,
subject to all regulations applying thereto,whether or not wheels, axles, hitch,or other
appurtenances of mobility are removed and regardless of the nature of the foundation provided.
Mobile home park.Any parcel,or adjacent parcels of land in the same ownership,which is
used for occupancy by two or more mobile homes. The term does not include camper parks as
defined in this section.
Modular home/prefabricated home. Manufactured housing built in conformance with City,
borough and state construction code requirements.A modular or prefabricated home is not built
in conformance with Department of Housing and Urban Development standards for mobile
homes(24 CFR Ch. 20)and is not considered a mobile home for purposes of this code.
(Ord. 522, § 2(part), 1984; Ord.No.2018-002, § 3)
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.
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(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. 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 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 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)
(Apartment_See Dwelling)
(Bed and breakfast. See Lodging)
(Boarding or rooming. See Lodging)
(Bunkhouse_See Housing)
(Commercial building apartment. See Dwelling)
(Condominium_See Dwelling)
(Convalescent or nursing home. See Housing)
(Dormitory_See Housing)
(30) Dwelling. A building designed or used exclusively as living quarters for one or more
families.
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.
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b. Apartment, commercial building. An apartment located within a building designed
to accommodate a mix of residential and commercial uses.
ilkik Apartment, efficiency (also called accessory apartment). A single separate
17'. 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.
(0d. Apartment, owner or manager. An apartment within a building that is designed to
/ be used exclusivelyas the livingquarters for the owner or manager familyof that
/-P' :� building g
G4 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. Guest house. An accessory building occupied on a temporary basis solely by
nonpaying guests.-V rtih f Reck C,
h. 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.
ljAModular home. A fac -built residential structure that is transportable in one or
0). more sections, is built on a •-.. anent chassis, and is used as a place of human
3 habitation, but which is not const :. with a permanent hitch or other device
1� ��- allowing transport of the unit other than for : • •ose of delivery to a permanent
�, site, and which does not have wheels or axles perma .. I attached to its body or
A ci frame. Includes factory-built and manufactured home.
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.
k. Single-family, attached. A building 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 townhouse, row
house and zero-lot line.
I. 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.
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.
Page 6 of 20
n. Unit, dwelling unit. A building or separate portion thereof containing kitchen,
living, sleeping accommodations and at least one bathroom and designed to be
occupied exclusive i].y. .% l�
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o. Watchman or caretaker dwelling. An accessory dwelling associated with a 1►J,.�
commercial or industrial building or structure for the purpose of housing a cf•t
watchman or caretaker and immediate family. 5 fe;t.�
(Group care home. See Housing) )'°""; ,e)
,R^C.-
(Guest house. See Dwelling)
( Halfway house. See Housing)
(Hostel. See Lodging)
(Hotel. See Lodging)
(43) Housing. Structures providing housing for groups of people, such as students,
employees or nursing home residents.
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.
(48) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight
sleeping accommodations for a period of less than 30 consecutive days. The use
includes the providing of meals to overnight guests only. This use includes bed and
breakfast,but does not include motel, hotel or hostel.
Page 7 of 20
r6 a. Bed and breakfast. An owner occupied and operated single-family residential
dwelling where lodging with a meal is provided for compensation on a short-term
basis. The term does not include boardinghouses and separate apartments which are
�\ leased on a month-to-month or longer basis.
st( H
.f, b. Boarding or rooming. An owner-occupied building which has not more than five
f)44 rooms available for rent or lease on other than a day-to-day basis and not open to
tAer transient guests for residential occupancy and in which no cooking or dining
facilities are provided in the individual rooms.-Meals-may..b_e_regularly prepared
end served-for-compensation at-a-table;"family=style, without service or ordering of
individual •portions from a-menu, The term includes lodging house or rooming
house but does not include separate apartments with individual kitchen and bath
facilities.
c. 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.
d. 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.
e. 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.
(Mobile home. See Dwelling)
(57) 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.
(Modular home. See Dwelling)
(Motel. See Lodging)
(Multiple-family. See Dwelling)
(Single-family, attached. See Dwelling)
( Single-family,detached. See Dwelling)
(Two-family or duplex. See Dwelling)
(Unit, dwelling unit. See Dwelling)
Page 8 of 20
(103) 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)
15.10.226- Land uses allowed.
(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:
I. 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 allow
w
occupation within an owner-occupied dwelling which is the owner's principal place of
residence and to the rental of not more thaneerce�t of the bedrooms to a maximum of
five.
. \,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.
,l h Within commercial districts, lodging is limited to the rental of not more than five uest
4" A_ bedrooms regardless of building or business ownership. „4d'c( 4/b A`
%IS`' 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.
Page 9 of 20
International Fire Code 2015- 202
DWELLING.A building that contains one or two dwelling units used, intended or designed to
be used,rented, leased, let or hired out to be occupied for living purposes.
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.
GUEST ROOM.A room used or intended to be used by one or more guests for living or
sleeping purposes.
LODGING HOUSE.A one-family dwelling where one or more occupants are primarily
permanent in nature and rent is paid for guest rooms.
OCCUPANCY CLASSIFICATION. For the purposes of this code, certain occupancies are
defined as follows:
1. Residential Group R. Residential Group R includes, among others,the use of a building
or structure,or a portion thereof, for sleeping purposes when not classified as an
Institutional Group I or when not regulated by the International Residential Code in
accordance with Section 101.2 of the International Building Code.
2. Residential Group R-1. Residential Group R-1 occupancies containing sleeping units
where the occupants are primarily transient in nature, including:
• Boarding houses(transient)with more than 10 occupants
• Congregate living facilities(transient)with more than 10 occupants
• Hotels(transient)
• Motels (transient)
3. Residential Group R-2. Residential Group R-2 occupancies containing sleeping units or
more than two dwelling units where the occupants are primarily permanent in nature,
including:
• Apartment houses
• Boarding houses(nontransient)with more than 16 occupants
• Congregate living facilities(nontransient)with more than 16 occupants
• Hotels(nontransient)
• Live/work units
• Motels(nontransient)
• Vacation timeshare properties
4. Residential Group R-3. Residential Group R-3 occupancies where the occupants are
primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including:
• Boarding houses(nontransient)with 16 or fewer occupants
• Boarding houses(transient)with 10 or fewer occupants
• Buildings that do not contain more than two dwelling units
• Care facilities that provide accommodations for five or fewer persons receiving
care
Page 10 of 20
International Building Code 2018
BUILDING. Any structure utilized or intended for supporting or sheltering any occupancy.
CHANGE OF OCCUPANCY. A change in the use of a building or a portion a building which
results in one of the following:
1. A change of occupancy classification.
2. A change from one group to another group within an occupancy classification.
3. Any change in use within a group for which there is a change in application of the
requirements of this code.
DWELLING. A building that contains one or two dwelling units used, intended or designed to
be used, rented, leased, let or hired out to be occupied for living purposes.
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.
DWELLING UNIT OR SLEEPING UNIT,MULTISTORY. See"Multistory unit."
MULTISTORY UNIT. A dwelling unit or sleeping unit with habitable space located on more
than one story.
GUESTROOM. A room used or intended to be used by one or more guests for living or
sleeping purposes.
LODGING HOUSE. A one-family dwelling where one or more occupants are primarily
permanent in nature and rent is paid for guest rooms.
SLEEPING UNIT. A single unit that provides rooms or spaces for one or more persons,
includes permanent provisions for sleeping and can include 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.
TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached
units in which each unit extends from the foundation to roof and with open space on at least two
sides.
TRANSIENT. Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
TYPE A UNIT. A dwelling unit or sleeping unit designed and constructed for accessibility in
accordance with this code and the provisions for Type A units in ICC A 117.1.
Page 12 of 20
• Congregate living facilities(nontransient)with 16 or fewer occupants
• Congregate living facilities(transient)with 10 or fewer occupants
• Lodging houses with five or fewer guest rooms
LODGING HOUSES. Owner-occupied lodging houses with five or fewer guest rooms shall be
permitted
to be constructed in accordance with the International Residential Code.
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,county or municipality as
holding an interest or title to the property; or otherwise having possession or control of the
property, including the guardian of the estate of any such person,and the executor or
administrator of the estate of such person if ordered to take possession of real property by a
court.
PERMIT. An official document or certificate issued by the fire code official that authorizes
performance of a specified activity.
PERSON.An individual, heirs,executors,administrators or assigns,and also includes a firm,
partnership or corporation, it's or their successors or assigns, or the agent of any of the aforesaid.
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.
TOWNHOUSE.A single-family dwelling unit constructed in a group of three or more attached
units in which each unit extends from the foundation to roof and with open space on not less than
two sides.
TRANSIENT. Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
Page 11 of 20
TYPE B UNIT. A dwelling unit or sleeping unit designed and constructed for accessibility in
accordance with this code and the provisions for Type B units in ICC A117.1,consistent with the
design and construction requirements of the federal Fair Housing Act.
Occupancy classification. Occupancy classification is the formal designation of the primary
purpose of the building, structure or portion thereof. Structures shall be classified into
one or more of the occupancy groups listed in this section based on the nature of the hazards and
risks to building occupants generally associated with the intended purpose of the building or
structure. An area,room or space that is intended to be occupied at different times for different
purposes shall comply with all applicable requirements associated with such potential
multipurpose. Structures containing multiple occupancy groups shall comply with Section 508.
Where a structure is proposed for a purpose that is not specifically listed in this section, such
structure shall be classified in the occupancy it most nearly resembles based on the fire safety
and relative hazard. Occupied roofs shall be classified in the group that the occupancy most
nearly resembles,according to the fire safety and relative hazard,and shall comply with Section
503.1.4.
1. Assembly(see Section 303): Groups A-1,A-2,A-3, A-4 and A-5.
2. Business(see Section 304): Group B.
3. Educational (see Section 305): Group E.
4. Factory and Industrial (see Section 306): Groups F-1 and F-2.
5. High Hazard(see Section 307): Groups H-1, H-2, H-3, H-4 and H-5.
6. Institutional (see Section 308): Groups I-1, I-2, I-3 and I-4.
7. Mercantile(see Section 309): Group M.
8. Residential (see Section 310): Groups R-1, R-2, R-3 and R-4.
310.1 Residential Group R. Residential Group R includes,among others,the use of a building
or structure,or a portion thereof, for sleeping purposes when not classified as an Institutional
Group I or when not regulated by the International Residential Code.
310.2 Residential Group R-1. Residential Group R-1 occupancies containing sleeping units
where the occupants are primarily transient in nature, including:
1. Boarding houses(transient)with more than 10 occupants
2. Congregate living facilities(transient)with more than 10 occupants
3. Hotels(transient)
4. Motels(transient)
310.3 Residential Group R-2. Residential Group R-2 occupancies containing sleeping units or
more than two dwelling units where the occupants are primarily permanent in nature, including:
1. Apartment houses
2. Congregate living facilities(nontransient)with more than 16 occupants
3. Boarding houses (nontransient)
4. Convents
5. Dormitories
6. Fraternities and sororities
7. Monasteries
8. Hotels(nontransient)
Page 13 of 20
9. Live/work units
10. Motels(nontransient)
11. Vacation timeshare properties
310.4 Residential Group R-3. Residential Group R-3 occupancies where the occupants are
primarily permanent in nature and not classified as Group R-1, R-2,R-4 or I, including:
1. Buildings that do not contain more than two dwelling units
2. Care facilities that provide accommodations for five or fewer persons receiving care
3. Congregate living facilities(nontransient)with 16 or fewer occupants
4. Boarding houses(nontransient)
5. Convents
6. Dormitories
7. Fraternities and sororities
8. Monasteries
9. Congregate living facilities(transient)with 10 or fewer occupants
10. Boarding houses(transient)
11.Lodging houses(transient)with five or fewer guest rooms and 10 or fewer occupants
310.4.2 Lodging houses.Owner-occupied lodging houses with five or fewer guest rooms and 10
or fewer total occupants shall be permitted to be constructed in accordance with the International
Residential Code.
TRANSIENT LODGING.A building, facility or portion thereof, excluding inpatient medical
care facilities and long-term care facilities,that contains one or more dwelling units or sleeping
units. Examples of transient lodging include, but are not limited to, resorts,group homes,hotels,
motels,dormitories,homeless shelters, halfway houses and social service lodging.
SECTION E104 SPECIAL OCCUPANCIES
E104.1 General. Transient lodging facilities shall be provided with accessible features in
accordance with Section El 04.2. Group 1-3 occupancies shall be provided with accessible
features in accordance with Section E104.2.
E104.2.1 Transient lodging. In transient lodging facilities,sleeping units with accessible
communication features shall be provided in accordance with Table E104.2.1. Units required to
comply with Table E104.2.1 shall be dispersed among the various classes of units.
E104.2.3 Dwelling units and sleeping units. Where dwelling units and sleeping units are altered
or added,the requirements of Section E104.2 shall apply only to the units being altered or added
until the number of units with accessible communication features complies with the minimum
number required for new construction.
Page 14 of 20
Other cities dwelling definitions
Homer
Apartment House. See"dwelling,multiple-family."
"Bed and breakfast" means a dwelling in which an individual or family resides and rents
bedrooms in the dwelling to overnight guests, if the bed and breakfast use is accessory to the
principal use of the dwelling as the primary residence of the operator. If the dwelling has six or
more bedrooms available for rental to overnight guests it is a hotel and not a bed and breakfast.
"Dwelling" or"dwelling unit" means any building or portion thereof designed or arranged for
residential occupancy by not more than one family and includes facilities for sleeping,cooking
and sanitation.
"Dwelling,factory built" means a structure containing one or more dwelling units that is built
off-site,other than a manufactured home,and: (1) is designed only for erection or installation on
a site-built permanent foundation; (2)is not designed to be moved once so erected or installed;
and(3) is designed and manufactured to comply with a nationally recognized model building
code or an equivalent local code,or with a State or local modular building code recognized as
generally equivalent to building codes for site-built housing.
"dwelling,multiple-family"means a building or a portion thereof designed for residential
occupancy by three or more families living independently in separate dwelling units.
"dwelling,single-family"means a detached dwelling unit designed for residential occupancy by
one family.
"Duplex dwelling" means a building designed or arranged to be occupied by two families
living independently,the structure having only two dwelling units.
"Multiple-family dwelling" means a building or a portion thereof designed for occupancy by
three or more families living independently in separate dwelling units which may or may not
share common entrances and/or other spaces.
"Mobile home" or"manufactured home" means a structure,transportable in one or more
sections: (1)that in the traveling mode is eight feet or more in width or 40 feet or more in length,
or when erected on site is 320 square feet or more; and(2)that is built on a permanent chassis
and is designed for use as a dwelling with or without a permanent foundation when the
plumbing, heating,and electrical systems contained therein are connected to the required
utilities.A mobile home shall be construed to remain a mobile home whether or not wheels,
axles,hitch or other appurtenances of mobility are removed,and regardless of the nature of the
foundation provided. A mobile home shall not be construed to be a recreational vehicle or a
factory-built dwelling.
Page 15 of 20
"Single-family dwelling" means a detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by one family
"Townhouse" means a building on its own separate lot containing one dwelling unit that
occupies space from the ground to the roof and is attached to one or more other
townhouse dwelling units by at least one common wall.
Kenai
Apartment House. See "Dwelling, multiple-family."
"Bed and breakfast" means a residential, owner-occupied dwelling in which rooms are rented
to paying guests on an overnight basis with no more than one (I) meal served daily.
"Boarding house" means a dwelling where the principal use is a dwelling by the owner or
keeper and where the owner or keeper provides lodging for three (3)or more persons who are
not members of the owner's or keeper's family and the lodgers pay compensation to use one(1)
or more rooms. The common parts of the building or structure are maintained by the owner or
keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning.
Boarding houses are not motels or hotels and are not open to transient guests.
"Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or
buildings to provide overnight sleeping accommodations for a period of less than thirty(30)
consecutive days.
"Condominium" means a common interest ownership dwelling in which:
(I) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely by the
owners of those portions;
(3) The undivided interests in the common elements are vested in the unit owners. In the
Land Use Table (KMC 14.22.010), "condominiums"shall be treated as two (2) or more
family dwellings. For example, a four(4) unit condominium building would be treated as
a four(4) family dwelling.
"Dwelling" means a building or any portion thereof designed or used exclusively for residential
occupancy including one-family,two-family and multiple-family dwellings, but not including
any other building wherein human beings may be housed.
"Dwelling, multiple-family" means any building containing three (3) or more dwelling units.
"Dwelling, one-family" means any detached building containing only one (I) dwelling unit.
Page 16 of 20
"Dwelling,two-family" means any building containing only two (2)dwelling units.
"Dwelling unit" means one(1)or more rooms and a single kitchen in a dwelling designed as a
unit for occupancy by not more than one(1) family for living or sleeping purposes.
"Manufactured housing"means a dwelling unit that meets Department of Housing and Urban
Development standards for manufactured housing and is wider than sixteen(16) feet, has a roof
pitch of 4:12 or greater with roofing and siding common to standard residential construction and
is transported to the site and placed on a permanent foundation.
"Mobile home" means a structure,which is built on a permanent chassis in accordance with
Department of Housing and Urban Development Standards and designed to be used as
a dwelling unit,with or without a permanent foundation when connected to the required utilities.
A mobile home is subject to all regulations applying thereto,whether or not wheels,axles, hitch
or other appurtenances of mobility are removed and regardless of the nature of the foundation
provided.
"Modular home" means a dwelling constructed in modules or sections at a place other than the
building site, built to conform to KMC Title 4 is transported to the site and then assembled and
placed on a permanent foundation.
"Townhouse" means single-family dwelling units constructed in a series or group of two(2)or
more units separated from an adjoining unit by an approved party wall or walls,extending from
the basement of either floor to the roof along the linking lot line.
Possible additions to Dwelling, Housing and Lodging
DWELLING
Accessory Dwelling Unit(ADU) is a smaller, independent residential dwelling unit located on
the same lot as a stand-alone (i.e.,detached) single-family home.ADUs go by many different
names throughout the U.S., including accessory apartments, secondary suites, and granny flats.
ADUs can be converted portions of existing homes(i.e., internal ADUs),additions to new or
existing homes(i.e., attached ADUs),or new stand-alone accessory structures or converted
portions of existing stand-alone accessory structures(i.e.,detached ADUs).
The accessory dwelling unit,or ADU, is also known as an in-law or mother-in-law unit,
secondary dwelling unit, granny flat or carriage house.An ADU has its own kitchen, living area,
and a separate entrance. An ADU may be attached to a house or garage,or it can also be built as
a stand-alone unit,but it generally will make use of the water and energy connections of the
primary house.
Internal,attached, and detached ADUs all have the potential to increase housing affordability
(both for homeowners and tenants),create a wider range of housing options within the
community,enable seniors to stay near family as they age,and facilitate better use of the existing
housing fabric in established neighborhoods. Consequently,many cities and counties have
Page 17 of 20
signaled support for ADUs in their plans and adopted zoning regulations that permit ADUs in
low-density residential areas.
Short-term rental describes furnished self-contained apartments that are rented for short periods
of time, usually by the month as opposed to annual rentals in the unfurnished apartment rental
market. They are seen as an alternative to hotels. "Short Stay" rentals are an offshoot of the
corporate housing market. Popular uses include vacation rental and relocation.
Short-Term Rental facilities shall meet all applicable health, fire safety, and building codes.
New,converted,or annexed Short-Term Rental facilities shall be inspected by the city of Seward
prior to operations.Thereafter with renewal of annual permits, inspections shall be conducted by
the property owner via the"Annual Building, Fire and Life Safety Occupancy Permit
Application"provided by the city with the annual permit renewal process. All Short-Term
Rentals shall receive an annual permit from January 1st to December 31st,under limited
administrative review,documenting conformance with city code and agreement to conform to all
permits, licenses and permits.The International Fire, Residential,and Building Codes shall be
applied at the time of permit for use.
The number of available bedrooms shall be determined by the licensee and verified by fire
marshal as part of the annual fire safety inspection.
A city business license is required per Chapter 8.30, and all Bed tax (Chapter 5.45), sales
(Chapter 5.35),provisions apply.
$150 fee due at the time of application,which does not include the fee of the City of Seward
Business license. Renewals will be accepted every December(regardless of when you originally
applied in the year)for a fee of$100. If you wish to discontinue the operation of your short-term
rental, you will not need to take any action as the license will automatically close when a renewal
fee isn't paid.
Conspicuously posting and maintaining the following information inside the Short-Term Rental:
1. A copy of the property owner's business license.
2. The Short-Term rental's maximum occupancy.
3. Location of assigned off-street parking, if applicable.
4. Documentation of annual fire safety inspection signed by the Seward Fire Department.
5. Twenty-four(24)hour contact information for the property owner or local representative.
6. A copy of the official Emergency Management tsunami evacuation route map.
7. An operable National Oceanic and Atmospheric Administration weather alert radio.
Short-Term Rental Insurance Requirements
1. 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
Page 18 of 20
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 by the Department during the application process.
2. 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- Term
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-Term Rental
Transaction through a Hosting Platform that provides equal or greater insurance coverage
for each Short-Term Rental Use, provided that the Licensee abides by the notification
requirements.
3. A Licensee shall maintain an insurance policy as described in section 1.2. Failure to
maintain an insurance policy as described in section 1.2 shall be cause for automatic
suspension of the Short-Term Rental license until the coverage is reinstated.
Short-Term Rental shall meet all applicable requirements of the zoning district to the satisfaction
of the Seward Community Development department and Fire Department.
RI & R2 Districts -Short-Term Rental facility shall be the principal residence of the property
owner. A property owner must live on-site throughout the visitor's stay.
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.
The maximum number of occupants permitted to stay overnight shall be two people for each
bedroom, excluding children under the age of six.
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. Short-Term Rental
shall obtain a city business license and separate annual permits provided by the city. In any
advertisement of the Short-Term Rental, the property owner must include the business license
number issued by the city.
"Insurance Company" —means 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.
"Licensee"—means any natural person holding a Short-Term Rental license issued by the
Community Development Department
"Short-Term Rental Transaction"—means 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.
Page 19 of 20
"Short-Term Rental Use"—means the term or duration of a Short-Term Rental contract or
transaction, beginning with the check-in of the Short-Term Rental tenant(s), or at the time the
Short-Term Rental tenant(s)take position of the Short-Term Rental, and ending upon the
earlier of either the termination of the contract or the expiration thereof.
Violation of the conditions of approval, as determined by the city, shall result in revocation of
the Short- Term Rental and a potential monetary penalty of$2,000 enforced in accordance with
Chapter
Re-establishment shall be allowed administratively with compliance and remittance of the
monetary penalty, and any other fees necessary for permit issuance.
Within the annual permits provided by the city, the property owner shall report to the city the
following minimum information:
1. The address of the Short-Term Rental; and the contact name(s) of the property owner.
2. The total number of nights that the Short-Term Rental was occupied for transient
accommodation or lodging.
3. The property owner shall both have legal responsibility for the collection of all applicable
taxes and remittance of the collected tax.
4. The property owner must provide its clients or potential clients the following disclosure:
After the initial inspections with permitting, the property owner from that time forward, shall
conduct a self-inspection of their property annually and submit a self-inspection form to the city
no later than 30 days after receipt from the city. The inspection is to be conducted by the
property owner, or their designee.
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Page 20 of 20
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