HomeMy WebLinkAboutRes2022-023 Amend Portions of City Code Sponsored by: Staff
Public Hearing: October 11, 2022
CITY OF SEWARD,ALASKA
RESOLUTION 2022-023
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, RECOMMENDING THE CITY COUNCIL
AMEND PORTIONS OF SEWARD CITY CODE; 15.10.140(b)(49)
DEFINITIONS, LODGING; 15.10.226(b) LAND USES ALLOWED,
MODIFYING AND INCLUDING ADDITIONAL REGULATIONS
RELATING TO LODGING, SHORT-TERM RENTALS; AND 15.10.226
LAND USES ALLOWED TABLE
WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning
Commission's priorities two of which included, "contribute and collaborate as needed to help be
a part of the solution for the housing issues that Seward is facing," and "Make recommended
updates to Title 15"; and
WHEREAS, it is in the best interest of the community to periodically review and update
the City zoning code to reflect community changes and needs; and
WHEREAS, it is recognized that housing for year-round residents within Seward is
limited; and
WHEREAS,addressing the regulations around Short-term rentals is one of many solutions
the City of Seward needs to take in order to protect the limited homes and lots available for year-
round residents within Seward; and
WHEREAS, community members have expressed their desire to preserve and protect the
quality and safety of neighborhoods; and
WHEREAS, the proposed regulations will allow current Short-term rental businesses to
continue to operate; and
WHEREAS,the Planning and Zoning Commission held four(4) public work sessions on
04/19/2022, 06/21/2022, 07/19/2022, and 09/27/2022 to discuss regulation strategies regarding
Short-term rentals.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Seward Planning and Zoning
Resolution 2022-023
Section 1.The Commission recommends Ordinance 2022-XXX attached and incorporated
herein by reference,be forwarded to City Council for approval.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 11th
day of October, 2022.
THE CITY OF SEWARD,ALASKA
Clare Sullivan, Cihair
AYES: Ulman, Homseth, Charbonneau, Verhey, Staggs, Sullivan
NOES: None
ABSENT: Monaco
ABSTAIN: None
VACANT: None
ATTEST:
Brenda Ballow, C
City Clerk
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Sponsored by: Bower
Public Hearing: November XX, 2022
CITY OF SEWARD,ALASKA
ORDINANCE 2022-XXX
An Ordinance of the Seward City Council, Amending Seward City Code;
15.10.140(b)(49) Definitions, Lodging; 15.10.226(b) Land Uses Allowed,
Modifying and Including Additional Regulations Relating to Lodging, Short-
Term Rentals; and 15.10.226 Land Uses Allowed Table
WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning
Commission's priorities two of which included, "contribute and collaborate as needed to help be
a part of the solution for the housing issues that Seward is facing," and "Make recommended
updates to Title 15"; and
WHEREAS, it is in the best interest of the community to periodically review and update
the City zoning code to reflect community changes and needs; and
WHEREAS, it is recognized that housing for year-round residents within Seward is
limited; and
WHEREAS,addressing the regulations around Short-term rentals is one of many solutions
the City of Seward needs to take in order to protect the limited homes and lots available for year-
round residents within Seward; and
WHEREAS,community members have expressed their desire to preserve and protect the
quality and safety of neighborhoods; and
WHEREAS, the proposed regulations will allow current Short-term rental businesses to
continue to operate.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 15.10.226 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
TITLE 15—PLANNING AND LAND USE REGULATIONS
15.10.140 Definitions
(49) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight
sleeping accommodations for a period of less than 30 consecutive days. The use
CITY OF SEWARD,ALASKA
ORDINANCE 2022-XXX
des previding-e€meals-t-e-e at-ems-us cludes b
breakf st but d es not : clude Fnetet h t h t
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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.
b. Boarding or rooming. An owner-occupied building which has not more than five
rooms available for rent or lease on other than a day-to-day basis and not open to
transient guests for residential occupancy and in which no cooking or dining facilities
are provided in the individual rooms. Meals may be regularly prepared and 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.
f. Short-term rental.A dwelling unit, or portion thereof, that is offered or provided to
a guest for compensation for a period of less than 30 consecutive days. Short-term
rentals may be in individual rooms in single-family homes, units in apartments,
condominiums, townhouses, and multifamily dwellings.
J Owner-occupied. The use of a dwellinr unit as the primary residence and permanent
place of abode for the individual who holds the title of a property.
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)
CITY OF SEWARD,ALASKA
ORDINANCE 2022-XXX
(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) The application for an annual administrative permit shall be accompanied by a fee
established by City Council resolution.A fee will be issued for each separate,
advertised, rentable lodging unit.
(3) Before any permit is issued, the applicant shall furnish evidence of the existence of
one or more policies of insurance, issued by an insurance company satisfactory to
the City, providing insurance coverage for lodging. Policies shall stipulate that the
insurer will give written notice to the City at least 30 days prior to the cancellation,
expiration, lapse or other termination of the insurance coverage.
(2)fi Parking will be provided in accordance with section 15.10.215 of this chapter.
(3)fa No cooking or cooking facilities are permitted in individual guest bedrooms.
(1)ffi Within siingle a«a two-f mily principally residential districts RR,R1, R2,R3, UR,
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 three.
li it a . i, atio within the b e er'n a pl., e o f residence
.a 4 th 4 4 tti,a« 50 ent of the bedro , s to of f:vu
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La Within principally residential districts R2,R3, UR, lodging in multifamily dwellings
is limited to not more than 50 percent of the dwelling units with one of the units
being the owner's principal place of residence
(-6al Within principally commercial districts OR,AC,HC, and CB, excluding the
Industrial zoning district, lodging within a dwelling unit is limited to the rental of not
more than five guest bedrooms regardless of building or business ownership.
(9) Within principally commercial districts OR,AC,HC, and CB,lodging within a
single-family residence, 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.
(7)(10) Within principally commercial districts OR,AC,HC, and CB, excluding the
Industrial zoning district, multifamily dwellings used for lodging purposes are not
required to be the business or property owner's principal place of residence. The use
shall be limited to not more than five dwelling units.
(11) Within principally commercial districts OR,AC,HC, and CB, an individual must
wait 4 years from the January of the following year after purchasing a multifamily
CITY OF SEWARD,ALASKA
ORDINANCE 2022-XXX
dwelling before applying for a non-owner-occupied Short-term rental permit.A
long-term rental and an owner-occupied Short-term rental permit may be obtained
immediately upon purchase of the multifamily dwelling.
(8)112/The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
(9)f131 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.
Table 15.10.226.Land Uses Allowed
KEY:
O-Use Permitted Outright
H -Home Occupation
C-Use Requires Conditional Use Permit
P-Use Requires Administrative Permit
Blank-Use Prohibited
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM _ INS P
Accessory building 0 0 0 0 0 0 0 _ 0 0 0 0 0 0
Adult entertainment INTENTIONALLY LEFT BLANK
Agency, i.e., travel, insurance, 0 0 0 0 0
title, real estate, etc.
Agriculture 0
Airport and related services 0 C
Amusement or recreation 0 0 0
facility
Animal shelter 0 C C
Antenna, personal TV, satellite 0 0 0 0 0 0 0 0 0 0 0 0
dish
Art gallery 0 0 0 0 0
Assemblages, temporary large, P P P P P P P
i.e., circus,fair
Attraction, permanent major C C C C C
visitor
Auditorium 0 0 0
Auto repair, i.e., mechanic,glass C 0
body, upholstery
Auto service/gas station 0 0 0
Created: 2022-08-31 08:25:14 [EST]
(Supp.No.24-1)
Auto/RV sales and rentals 0 0 0
Boat sales 0 0 0
Boat, commercial 0 0
building/fabrication
Boat, harbor/marina C C C C C
Boat, repair and maintenance 0 0 0 C
Boat, storage commercial 0 0 0 C
Bulk material, i.e., concrete, C C
gravel, sand, asphalt
Business, marine retail sales 0 0 0 0 C
and service
Business, package liquor 0 0 0
Business, retail sales and service 0 0 0 0
Business, retail sales and 0
service, industrial
Campground, municipal C/P C/P C/P C/P
Campground, camper park, C/P C/P C/P
private
Campground, employee C/P
Car/boat wash 0 0 0
Cemetery 0 C 0
Center, community/civic 0 0 C C
Center, mariner's 0 0 0 0
Center, senior or teen C C C 0 0 C C
Child care, licensed center C C 0 0 0 C
Child care, licensed home 0 0 0 0 0 0 0 0 0
Church C C C C C C 0 0 0 0
Clinic, medical 0 0 0 0 0
Clubs, C 0 0 C
fraternal/lodges/social/veterans
Cluster subdivision C C C
Created: 2022-08-31 08:25:14 [EST]
(Supp. No.24-1)
Commercial Communications C C C C C C
tower less than 16 feet
diameter or 75 feet in height
Commercial Communications C C C
tower 16 feet diameter or
greater than 75 feet in height
Correctional/prison facility C C C C
Crematory 0
Docks/wharves, industrial cargo 0 0 C C
Dock, passenger 0 0 0 C 0
Drinking establishment, i.e., C C C
bar, nightclub, lounge
Drive-in facility—Fast food, C C C C C
banking, etc.
Dwelling, apartment in a 0 0 0 0 0 C
commercial building(limited to
one unit)
Dwelling, apartment in a 0 0 C C
commercial building (two or
more units)
Dwelling, apartment,efficiency 0 0 0 0 0 0 0
or accessory
Dwelling, apartment, studio C C C C C C
Dwelling, attached single- C C C C C C C
family, i.e., townhouse, row
Dwelling, condominium C C C C C C C
Dwelling, detached single- 0 0 0 0 0 0 0 C C
family
Dwelling, group home 0 0 0 0 0 0 C
Dwelling, guest house 0 0 C
Created: 2022-08-31 08:25:14 [EST]
(Supp. No.24-1)
Dwelling, multi-family(3 or C C C C C C C
more units)
Dwelling,two-family or duplex 0 0 0 0 0 C C
Dwelling, watchman or 0 C
caretaker
Emergency services, pub/vol; C C C C C C 0 C 0 0 C 0
i.e.,fire, ambulance, rescue
Financial institution, i.e., bank, C 0 0
S&L
Flea market, open air retail C C C
other than occasional
Fuels, bulk storage and sales C
Golf course 0 0 C
Golf driving range 0 0 0 0 C
Greenhouse/nursery— 0 0 0
Commercial
Grocery, convenience store C C C 0 0 0 0
Grocery, supermarket, 0 0
foodmart
Health club C C 0 0 0
Home occupation 0 0 0 0 0 0 0 0 0 0
Hospital C C
House rental on a nightly basis P R 12 g 12 12
Housing, bunkhouse C C C
Housing, dormitory 0 0
Housing, nursing, retirement, C C C
convalescent
Kennel, commercial, musher or INTENTIONALLY LEFT BLANK
fancier
Laundry, dry cleaning _ 0 C 0 0
Library 0 0 0 0
Created: 2022-08-31 08:25:14 [EST]
(Supp.No.24-1)
Livestock, excluding chickens P P
and rabbits
Livestock, chickens and rabbits P P P P P P P P P
Lodging, B&B, rooms, duplex H/P H/P H/P H/P H/P 0/P 0/P 0/P 0/P
and accessory apartment
Lodging, hostel P P P P P P
Lodging, hotel, motel, lodge, inn C 0 C C
Lodging,short-term rental, H/P H/P H/P H/P H/P H/P H/P H/P H/P
single-family dwelling
Lodging, short-term rental H/P 1P H-P P P P P
multifamily dwelling apartment
Lodging,short-term rental, P P P P
non-owner occupied
Lumber yard/building supply C 0 C
Manufacturing—noxious, heavy C
Manufacturing, light C C 0
fabrication, assembly
Merchant, transient 0 0 0 0
Mobile home park C/P
Mobile home, residential, not in INTENTIONALLY LEFT BLANK
park
Mobile home sales 0 0
Mobile medical unit 0 0 0
Mobile vendor P P P P P P P P P P P
Mortuary/funeral home 0 0 0
Museum C 0 0 0 0 0
Office, boat charter, guide 0 0 0 0 0 C
Office, business or professional 0 0 0 0 0
Office, government/quasi- 0 0 0 0 0 0 0
government administration
Created: 2022-08-31 08:25:14 [EST]
(Supp. No.24-1)
Office, mobile/temporary on P P P P P P P P P P P P P
construction site
Office, home, professional 0 0 0 0 0
Parking lot C C 0 0 0 0 0 0 0 0
Personal services, i.e., beauty, 0 0 0 0
shoe,tailor
Planned unit development C C C C C C
Playground, public tot lot 0 0 0 0 0 0 0 0 0 0 0
Railroad C C C C
Recreation, commercial indoor, 0 0 0 C
i.e., bowling, skating
Recreation, outdoor, i.e., 0 C C C
miniature golf
Recreation, shooting range C C C
Recycling center C C 0 C
Recycling, self-service drop-off 0 0 0 0 0 0 0 0
point
Repair service, i.e., large C C 0
appliance
Resource extraction, C C C
commercial subsurface, i.e.,
mining
Resource extraction, C C C
commercial surface, i.e.,gravel
Resource extraction, C C
commercial timber harvesting
Restaurant,food service, 0 0 0 0 0 C
catering, brew pub
Rooming or boarding house O/P 0/P 0/P 0/P
Roving Vendor P P P P P P P P P P P
Created: 2022-08-31 08:25:14 [EST]
(Supp.No.24-1)
Salvage—auto, wrecking, scrap, C
junkyard
Sawmill or lumbermill C C
School, college C C C
School, public/private C C C C C C C C C
elementary/secondary
School,vocational C 0 0 C 0 C
Seafood processing, i.e., C C C C
canning, rendering
Shop, i.e., welding, sheetmetal, C C 0
machine, steel fab.
Shop, i.e., wood, signs, cabinet, C C 0 C 0
upholstery
Shopping center(mall) C C
Solid waste disposal, i.e., baler, C C C
transfer, landfill
Storage, container P P P P 0 P
Storage, explosives P
Storage, outdoor, yard, C 0 0 C
material/equipment
Storage, self service 0 0 0 0
Storage, warehouse and 0 0 0 C C
distribution
Studio, radio/television C 0 0 0 0 C
Tanks, aboveground associated C C 0
with service station
Taxidermy 0 0 0 0 0
Terminal, i.e., bus, truck, freight 0 C 0 C
Terminal, marine/boat 0 C 0 0 C
passenger
Theater, concert, movie 0 0
Created: 2022-08-31 08:25:14 [EST]
(Supp. No.24-1)
Tool/equipment rental 0 0
Temporary structure P P P P P P P P P P
Utility facility, public electric, C C C C C C 0 0 0 0 0 0
water, sewer, etc.
Vehicle impound lot 0 0
Vending machine repair, 0 0 C
storage
Veterinary hospital C C C
Wind Energy Conversion 0 0 0 0 0 0 0 0 0 0 0 0 0
Systems (WECS)
(Ord.94-25;Ord.95-13; Ord.95-17;Ord.96-05;Ord.96-10;Ord.96-16;Ord.97-13; Ord.98-06;Ord. 98-09; Ord.99-01;Ord. 99-13, §2, 1999;Ord. No.99-10;
Ord. 2000-12;Ord. 2001-03; Ord. 2003-08;Ord. 2007-008, § 1, 2007; Ord. No. 2009-002, § 1; Ord. No. 2010-004, §2; Ord. No. 2012-002, § 1; Ord. No.2014-
002, § 1;Ord. No. 2014-004, § 1; 2015-001, § 1;Ord. No. 2018-002, §4;Ord. No. 2018-004, § 1;Ord. No. 2019-007,§ 1, 3-26-2019;Ord. No. 2020-012,§ 1, 10-
12-2020; Ord. No. 2022-002,§ 2, 1-24-2022)
Editor's note(s)—Ord. No. 2018-002, §4, adopted May 14, 2018, renumbered §15.10.225 to 15.10.226, as herein set out.
Created: 2022-08-31 08:25:14 [EST]
(Supp.No.24-1)
CITY OF SEWARD,ALASKA
ORDINANCE 2022-XXX
Section 2. This ordinance shall take effect immediately upon adoption.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,the
XX day of XXXX, 2022.
THE CITY OF SEWARD,ALASKA
Sue McClure,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT :
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)