HomeMy WebLinkAbout01092023 CC JOINT Spc Mtg with P&Z - Ord 2022-016Seward City Council
Agenda Packet
JOINT
SPECIAL MEETING
with Planning &Zoning Commission
Monday, January 9, 2023
S: 30 p.m.
Council Chambers, City Hall
All public is invited to attend.
City of Seward
PO Box 167
Seward, Alaska 99664
,91A Sfw* 7fm...
December 12, 2022
Brenda Ballou, City Clerk
City of Seward
City Manager's Office
Janette Bower, City Manager
Phone: 907-224-4012
Email: jbower@cityofseward.net
Updated Request
Re: January 9, 2023, Special City Council/Planning and Zoning Commission Joint
Meeting
Madam Clerk,
Please consider this my written request as required by Seward City Code 2.10.030 (a)(2) for a
special joint meeting on January 9, 2023, at 5:30 pm, for the following item:
Ordinance 2022-016: 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
Please note the format is a special joint meeting requiring a quorum from both the City Council
and the Planning and Zoning Commission, with a joint committee of the whole.
Thank you,
Janette Bower, City Manager
SPECIAL MEETING NOTICE
Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice
calling a City Council JOINT Special Meeting with the Planning & Zoning
Commission on Monday, January 9, 2023 at 5:30 p.m. for the purpose of -
Committee of the Whole: Ordinance 2022-016, 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.
Note: Council may make amendments to the ordinance after they
come out of Committee of the Whole.
The meeting will commence in the City Council Chambers, City Hall, 410 Adams
Street, Seward. All interested persons are invited to attend the meetings.
ALL PUBLIC IS INVITED TO ATTEND.
Posted: Thursday, December 15, 2022
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
Seward Community Library Museum
The City of Seward, Alaska
Special City Council JOINT Meeting with the
Planning & Zoning Commission
January 9, 2023 5:30 p.m. Council Chambers
Sue McClure
Clare Sullivan
1.
CALL TO ORDER
Mayor
Chair
Note: Mayor McClure will preside.
Term Expires 2025
Term February, 2024
2.
PLEDGE OF ALLEGIANCE
John Osenga
Vanessa Verhey
Vice Mayor
Vice Chair
3.
ROLL CALL
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Term February, 2023
Liz DeMoss
Nathaniel
4.
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT
Council Member
Charbonneau
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING
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Commissioner
[Those who have signed in will be given the first opportunity to speak. Time
Term February, 2024
is limited to 3 minutes per speaker and 36 minutes total speaking time for this
agenda item.]
Mike Calhoon
Council Member
Victoria Monaco
5.
APPROVAL OF AGENDA AND CONSENT AGENDA
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Commissioner
[Approval of Consent Agenda passes all routine items indicated by asterisk
Term February, 2025
(*). Consent Agenda items are not considered separately unless a council
Randy Wells
member so requests. In the event ofsuch a request, the item is returned to the
Council Member
Brenan Hornseth
Regular Agenda]
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6.
NEW BUSINESS
Kevin Finch
Council Member
Troy Staggs
A. Other New Business
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Commissioner
Term February, 2025
1. Committee of the Whole: Ordinance 2022-016, Amending
Robert Barnwell
Sean Ulman
Seward City Code; 15.10.140(b)(49) Definitions, Lodging;
Council Member
Term Expires 2023
Commissioner
15.10.226(b) Land Uses Allowed, Modifying and Including
Term February, 2025
Additional Regulations Relating to Lodging, Short -Term
Rentals; and 15.10.226 Land Uses Allowed Table.
Janette Bower Note: Council may make amendments to the ordinance after
City Manager they come out of Committee of the Whole.
Brenda Ballou 7. CITIZEN COMMENTS
City Clerk
Brooks Chandler 8. COUNCIL, COMMISSION AND ADMINISTRATION
City Attorney COMMENTS & RESPONSES TO CITIZEN COMMENTS
9. ADJOURNMENT
City of Seward, Alaska City Council Special Meeting Agenda
January 9, 2023 Page I
Ordinance 2022-016
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
Documents:
• Agenda Statement
• Resolution 2022-016
• Attachments:
o Planning and Zoning Commission Minutes
City Council Agenda Statement
Meeting Date: November 14, 2022
To: City Council
Through: Janette Bower, City Manager
From: Planning and Zoning Commission
Agenda Item: Ordinance 2022-016: 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
Background and justification:
On March 29, 2022, the City Council approved the Planning and Zoning Commissions priorities,
two of which were to "contribute and collaborate as needed to help be a part of the solution for
the housing issues that Seward is facing and to "make recommended updates to Title 15."
It is a recognized issue in the City of Seward, that the schools, hospital, prison, and other local
businesses cannot hire sufficient employees due to the lack of housing available.
Addressing the regulations around Short-term rentals is one of many solutions to the housing
crisis that the City of Seward needs to take in order to protect the limited homes and lots available
for individuals seeking to live year-round within Seward.
Residents of Seward have also expressed the need to preserve the typical neighborhood
atmosphere where people know their neighbors and take pride and ownership in the safety and
cleanliness of the community.
The Planning and Zoning Commission held four (4) public work sessions on 04/19/2022,
06/21/2022, 07/19/2022, 09/27/2022 to discuss regulation strategies regarding Short-term
rentals
On October 11, 2022 the Planning and Zoning Commission approved Resolution 2022-023,
recommending the City Council amend 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.
In Summary, the effect of this legislation is as follows:
- Properties that have been historically operating as a short-term rental can continue to do
so and can be sold as a short-term rental property. These properties will be considered
a non -conforming use in code and if the property ceases to be a short-term rental, they
will no longer be able to continue to do so.
- No [new] whole house rentals in residential zones are allowed.
- Whole house rentals are allowed in commercial zones if they are in a multi -family
structure.
- Owner occupied (traditional BnBs) are allowed in residentials zones up to 50% of
bedrooms, with a maximum of three.
- Single family structures that are currently not operating as a short-term rental may not
be converted to a short-term rental in commercial zones.
- In a commercial district, if a multifamily property is not operating as a short-term rental
and it is purchased, the purchaser must wait 4 years to apply for a short-term rental
permit.
- If someone owns an undeveloped property with plans for a short-term rental (that would
be non -conforming), they must do so in 2 years.
- Short Term Rental Insurance will now be required by code (we currently ask for it but it's
not required by code)
- There will be a fee associated with each individual short-term rental unit (on the fee
schedule) to help with processing and compliance costs.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1, Chapter 2.2.1 — Small Town Fee and Atmosphere
Plan: "People are friendly and you know your neighbors."
"A high level of citizens commitment to the community."
Vol 1, Chapter 2.2.2 — Natural Environment and Open Space
11... We value quiet in our residential neighborhoods..."
Vol 1, Chapter 2.2.8 — City Government
"Continue to review and update the City code."
Vol 3.2.1.1 — Expand the opportunity for affordable, diverse, year-round
housing through appropriate land use regulations
Vol 3.9.2.3 — Preserve the quiet of residential neighborhoods
Strategic Plan: "Maintain Seward's small-town character throughout the growth process."
(Page 13).
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable
.5,
Finance Signature: '
Review
eYes Attorney Signature:
Not applicable Comments:
Administration Recommendation
e✓ Adopt Ordinance
Other:
Sponsored by: Planning and Zoning Commission
Introduction: November 14, 2022
Public Hearing: November 28, 2022
Postponed: November 28, 2022
Joint Special Meeting w/Planning & Zoning Commission/Committee of the Whole: January 9, 2023
Public Hearing at Regular Council Meeting: January 9, 2023
Enactment: January 9, 2023
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
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; and
WHEREAS, the Planning and Zoning Commissions held four work sessions on the short-
term rental topic with significant community input; and
WHEREAS, on October 11, 2022, the P&Z Commission unanimously approved these
Title 15 proposed changes.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 15.10.140 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
Chapter 5.10 Seward Zoning Code
15.10.140 Definitions.
A. (0 General interpretation.
1. Words used in the present tense include the future tense.
2. The singular number includes the plural.
3. The word "person" includes a corporation as well as an individual.
4. The word "lot" includes the word "plot" or "parcel."
5. The term "shall" is always mandatory.
6. The word "used" or "occupied" as applied to any land or building shall be construed to
include the words "intended," "arranged," or "designed to be used or occupied."
B. (4) 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)
2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture,
viticulture, or animal and poultry husbandry including buildings used to shelter farm
implements, hay, grain, poultry, livestock or other farm produce in which there is no
human habitation and which is not used by the public.
3. Airport. A place where aircraft can land and take off, usually equipped with hangars,
facilities for refueling and repair, various accommodations for passengers, and business
lease sites.
4. Alley.A dedicated public way which affords a secondary means of access to abutting
property and not intended for general traffic circulation.
5. Alteration. Any change, addition or modification in the construction, location or use of a
building.
6. Amusement and recreation facility. -Establishment engaged primarily in providing
entertainment for a fee including such activities as bowling alleys, billiards and pool,
dance hall, pinball machines, video games or other similar player -operated amusement
devices.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
7. Antenna. A device used to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbital based structures. Includes satellite dish.
(Apartment. See Dwelling)
8. Auto repair station. A place where a qualified automotive mechanic provides services
such as general motor vehicle and engine repair, reconditioning or rebuilding, and
collision service including body, frame and fender straightening and repair, painting and
undercoating of motor vehicles.
9. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or
installation of tires, batteries and other accessories and services which do not customarily
or usually require the services of a qualified automotive mechanic. Also known as a gas
station.
(Bed and breakfast. See Lodging)
(Boarding or roomi",,_See Lodging)
10. Brewpub. An establishment that is primarily an eating place which includes the brewing
of beer as an accessory use.
11. Building. Any structure built for the support, shelter or enclosure of persons, animals,
chattels or property of any kind.
12. Building area. rea. A total area taken on a horizontal plane at the main grade level of the
principal building and all accessory buildings, exclusive of external steps.
13. Building, existing.A building erected prior to the adoption of this Code or one for which
a legal building permit has been issued.
14. Building height. The vertical distance above a reference datum measured to the highest
point of the coping of a flat roof or to the deck line of a mansard roof or to the average
height of the highest gable of a pitched or hipped roof. The reference datum, which must
be between the building and the property line or in a dedicated public right-of-way that
is accessible to fire suppression personnel and rescue equipment, shall be selected by
either of the following, whichever yields the greater height of the building:
a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot
horizontal distance of the exterior wall of the building when such a sidewalk or
ground surface is not more than ten feet above the lowest grade; or
b. An elevation ten feet higher than the lowest grade when the sidewalk or ground
surface described in subsection a., above is more than ten feet above the lowest grade.
The height of a stepped or terraced building is the maximum height of any segment
of the building.
15. Building, principal or main. A building in which is conducted the principal or main use
of the lot on which the building is situated. Attached garages, porches and carports shall
be considered to be part of the principal building.
(Bunkhouse. See Housing)
16. Business, general sales. -A premises where the sale of goods or commodities to the
consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or
apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals
or variety stores.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
17. Business, personal service. The conduct of business where personal assistance is offered
for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
18. Campground. A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units as temporary living quarters
for recreational or vacation purposes.
a. Campground, municipal. Campgrounds owned or operated by the City and
designated as public campgrounds by resolution of the City Council.
b. Campground, private camper parks. A privately owned and operated campground on
any parcel, or adjacent parcels of land in the same ownership, which is used by two
or more camping units.
c. Campground, employee. An area operated by an established business with high
seasonal employment of transient workers as a housing alternative and not construed
to be a construction camp.
19. Camper park. A privately owned and operated campground on any parcel, or adjacent
parcels of land in the same ownership, which is used by two or more camping units.
20. Camping unit. A tent or recreational vehicle.
21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where
adult care, protection and supervision is provided for children other than the occupant's.
Also called day care, nursery school, preschool and kindergarten.
22. Church. A building, structure or group of buildings or structures primarily intended for
conducting organized religious services and associated accessory uses. The definition of
a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula
Borough Assessor's Office interpretation. A standard single-family residence not
remodeled for public meetings shall not be considered a church.
23. Clinic. A building or portion thereof containing offices and facilities for providing out-
patient medical, dental or psychiatric services, and which may include a dispensary to
handle medication and other merchandise prescribed by physicians in connection with
their medical practice.
24. Club, private. A building and related facilities owned or operated by a corporation,
association or group of individuals established for the fraternal, social, educational,
recreational or cultural enrichment of its members, but not primarily for profit, and whose
members meet certain prescribed qualifications for membership and pay dues. Includes
lodges.
25. Cluster subdivision. A development design technique that permits a reduction in lot area
provided there is no increase in the number of lots permitted under a conventional
subdivision or increase in overall density of development by concentrating buildings in
specific areas on a site to allow the remaining land to be used for recreation, common
open space and preservation of environmentally sensitive areas.
(Commercial building apartment. See Dwelling)
26. Commercial communications tower. A structure intended to support equipment used to
transmit and/or receive communication signals including monopoles, guyed and lattice
steel structures. This definition does not include a tower that supports only one or more
amateur radio antennas.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
27. Commercial use. An occupation, employment or enterprise that is carried on for profit
by the owner, lessee or licensee.
(Condominium. See Dwelling)
(Convalescent or nursing home. See Housing)
28. Convenience store. A small-scale neighborhood grocery establishment offering for sale
prepackaged food products, household items and other goods commonly associated with
the same and having a gross floor area of less than 5,000 square feet.
(Dormitory. See Housing)
29. Drinking establishment. Any premises wherein the principal purpose is the retail sale of
alcoholic beverages for consumption on the premises and minors are excluded therefrom
by law. Includes bar, cocktail lounge, tavern and nightclub.
30. Drive-in facilit.Any portion of a building or structure which by design permits
customers to receive services, obtain goods or be entertained while remaining in their
motor vehicles.
31. 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.
b. Apartment, commercial building. An apartment located within a building designed to
accommodate a mix of residential and commercial uses.
c. Apartment, efficiency (also called accessory partment ). A single separate dwelling
unit consisting of not more than one habitable room which includes combined
kitchen, dining and sleeping areas with accompanying sanitary facilities, and which
is located within or shares a common wall with a single-family dwelling.
d. Apartment, owner or manager. An apartment within a building that is designed to be
used exclusively as the living quarters for the owner or manager family of that
building or a commercial business located in the building.
e. Apartment, studio. A small apartment less than 500 square feet with a fully functional
kitchen and bathroom.
f. Condominium. A form of housing ownership by which a person may purchase and
own one dwelling unit in a multiunit building or development. Each owner owns a
common interest in such things as the underlying land, common walls, stairwells,
elevators, lobbies, laundry rooms and recreation rooms.
g. Guest house. An accessory building occupied on a temporary basis solely by
nonpaying guests.
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.
i. Modular home. A factory -built residential structure that is transportable in one or
more sections, is built on a permanent chassis, and is used as a place of human
habitation, but which is not constructed with a permanent hitch or other device
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
allowing transport of the unit other than for the purpose of delivery to a permanent
site, and which does not have wheels or axles permanently attached to its body or
frame. Includes factory -built and manufactured home.
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.
1. 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.
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
exclusively as a residence by one family.
o. Watchman or caretaker dwelling. An accessory dwelling associated with a
commercial or industrial building or structure for the purpose of housing a watchman
or caretaker and immediate family.
32. Family. Any number of individuals not necessarily related by blood, marriage, adoption
or guardianship living together in a dwelling unit as a single housekeeping unit and
distinguished from a group occupying a rooming house, club, fraternity house or hotel.
33. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal
commonly kept as livestock.
34. Flea market. An occasional or periodic sales activity held within a building or open area
where groups of individual sellers offer goods, new and used, for sale to the public, not
to include private garage sales.
35. Floor area, useable. That area used for or intended to be used for the sale of merchandise
or services or as leasable office space as measured from the interior surfaces of the walls
enclosing that part of the building. Such floor area which is used or intended to be used
for the storage or processing of merchandise, hallway or for utilities or sanitary facilities
is excluded from this computation of useable floor area.
36. Fractions. In the determination of density, required parking spaces or other requirements
of this Code, computations resulting in a fractional number of 0.50 or above shall be
considered the next larger whole number.
37. Garage, private. An accessory building or portion of a main building designed or used
solely for storage of motor vehicles, boats and similar vehicles owned by the occupants
of the building to which it is accessory.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
38. Greenhouse, commercial. -A light -permeating structure used for cultivating and growing
plants in a controlled temperature and humidity environment where such plants are
offered for sale either on the premises or at another location.
(Group care home. See Housing)
(Guest house. See Dwelling)
39. Guide service. Any premises used for collecting or returning persons from recreation
trips when remuneration is provided for the service.
(Halfway house. See Housing)
40. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs
(athletic, health or recreational), reducing salons and weight control establishments.
41. Historic district. An area containing buildings or places in which historic events occurred
or having special public value because of notable architectural or other features relating
to the cultural or artistic heritage of the community of such significance as to warrant
conservation and preservation.
42. Home occupation. Any use customarily conducted entirely within a dwelling, or its
accessory building, and carried on by the occupants thereof, which is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and does not change the
character thereof, and in connection with which there is no exterior sign, no display or
stock in trade, no outside storage of materials or equipment, no commodity sold upon the
premises and not more than two persons are engaged in such occupation.
43. Home professional office. A home occupation consisting of the office of a practitioner
of a recognized profession.
(Hostel. See Lodging)
(Hotel. See Lodging)
44. 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
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
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.
45. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile
homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals,
rubber, paper, plastic or other scrap materials.
46. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of
breeding, buying, selling, keeping or boarding five or more dogs over the age of four
months, whether for profit, pleasure, or as pets, by any person, individual, corporation,
group of people or business entity. Does not include an animal shelter.
47. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds)
outdoor farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.). Does not
include cats, dogs and other common household pets.
48. Loading space. A space located on premises for pickup and delivery at the premises.
Required off-street loading space shall not be included as an off-street parking space.
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 „se ;,,,hides the
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_five An owner -occupied building which has not more than
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
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
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 west for compensation for a period of less than 30 consecutive days. Short-term
rentals may be in individual rooms in sin -le -family homes, units in apartments,
condominiums, townhouses, and multifamily dwellings.
50. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for
use, coverage and area and to provide such yards and other open spaces as are herein
required. Such lot shall have frontage or access on a public street or on an approved
private street and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record, or complete lots of record and portions of
lots of record, or portions of lots of record; or
d. A parcel of land described by metes and bounds, provided that in no case of division
or combination shall any residual lot or parcel be created which does not meet the
requirements of this chapter and that, in the case of multiple lots or portions thereof,
the property be replatted to eliminate interior lot lines.
1. A- Lot area. The total horizontal area within the lot lines of a lot, exclusive of
streets and alleys.
2. & Lot, buildable or useable area. That portion of a lot that a prudent person would
use to construct a building and provide required parking. This excludes lakes and
rivers, creeks, cliffs, marshes and other similar natural obstacles to development
with the property counting toward minimum required size.
3. G— Lot, corner. A lot situated at the intersection of two or more streets having an
angle of intersection of not more than 135 degrees.
4. 4)-- Lot coverage. The area of a site covered by building or roofed areas, including
covered porches, decks and accessory buildings, but excluding allowed projecting
eaves.
5. E— Lot depth. The horizontal distance between the front and rear lot lines
measured on the longitudinal centerline.
6. F-. Lot, interior. A lot other than a corner lot.
7. & Lot line, front. In the case of an interior lot, a line separating the lot from the
street. In the case of a corner lot, the owner may choose which street he shall
designate as the front of the lot. Once the choice of frontage has been made, it
cannot be changed unless all requirements for yard space are met.
8. 44- Lot line, rear. A line opposite and most distant from the front lot line and, in
the case of irregular or triangular shaped lots, a line not less than ten feet in length
within the lot, parallel to and at the maximum distance from the front lot line.
9. -]� Lot line, side. Lot boundary not a front lot line or a rear lot line.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
10. -J- Lot line, zero. The mean horizontal line whereby two adjacent buildings from
adjacent lots can be constructed with a common party wall providing a proper fire
wall rating. All other aspects are the same as in conventional development.
11. K—. Lot width. The average horizontal distance separating side lot lines of a lot and
at right angles to its depth.
51. Lumber a�An establishment that sells sawn timber and other building materials
typically stored on the premises.
52. Manufacturing, heavy.A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials; or a use engaged in
storage of or manufacturing processes using flammable or explosive materials; or storage
or manufacturing processes that potentially involve hazardous or commonly recognized
offensive conditions.
53. Manufacturing, light. A use engaged in the manufacture, predominantly from previously
prepared material, of finished products or parts that, because of the nature of its
equipment, operations, processes, materials, and products, has little or no potential of
creating noise, vibration, dust, smoke, fumes, odor, glare, or other environmental impacts
on surrounding properties or uses.
54. Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute
17.38.900 and any amendments thereto.
55. Marijuana establishment. Marijuana establishment means a marijuana cultivation
facility, a marijuana testing facility, a marijuana product manufacturing facility, or a
retail marijuana store as those terms are defined in AS 17.38.900 and any amendments
thereto.
a. Marijuana cultivation facilit, _Marijuana cultivation facility means an entity
registered to cultivate, prepare, and package marijuana and to sell marijuana to retail
marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers.
1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has
the privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the
prohibitions at 3 AAC 306.405(c), except that it must have fewer than 500 square
feet under cultivation.
b. Marijuana product manufacturing _ facility.Marijuana product manufacturing facility
means an entity registered to purchase marijuana; manufacture, prepare, and package
marijuana products; and sell marijuana and marijuana products to other marijuana
product manufacturing facilities and to retail marijuana stores, but not to consumers.
c. Marijuana testing fg acilityMarijuana testing facility means an entity registered to
analyze and certify the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to purchase
marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana
products from marijuana product manufacturing facilities, and to sell marijuana and
marijuana products to consumers.
56. Marijuana products. Marijuana products means concentrated marijuana products and
marijuana products that are comprised of marijuana and other ingredients and are
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
intended for use or consumption, such as, but not limited to, edible products, ointments,
and tinctures.
57. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of
boats that may include the sale of fuel and incidental supplies for the boat owners and
guests. Also includes harbor.
(Mobile home. See Dwelling)
58. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon
which two or more mobile homes are located or for which space is leased or held out for
lease or use on a month -to -month or longer basis. This does not include sale lots on which
unoccupied mobile homes are parked for inspection and sales and shall not be construed
to mean tourist facilities for parking of travel trailers, motor homes or campers.
59. Mobile medical unit. A trailer, motorized coach or van capable of being transported from
place to place, containing medical equipment such as a CT scanner, MRI or similarly
complex medical diagnostic device or decontamination equipment.
(Modular home. See Dwelling)
(Motel. See Lodging)
(Multiple -family. See Dwelling)
60. Nonconforming building. Any building or portion thereof lawfully existing at the
effective date of the ordinance affecting it and which does not conform to all of the use,
height and density regulations of the zone in which it is located.
61. Nonconforming use. A use which lawfully occupied a building or land at the effective
date of the ordinance affecting it that does not conform to the use provisions of the zoning
district in which it is located.
62. Noxious use. A use which is injurious or harmful to health, highly disagreeable or
offensive.
63. Office. A building or portion of a building wherein services are performed involving
predominantly administrative, professional or clerical operations; i.e., travel, insurance,
employment, utility, public service or government agencies.
64. Open area. Open area is any portion of the lot not:
a. Covered by a structure, or;
b. Used for parking spaces and maneuvering.
65. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any
other legal entity having sufficient proprietary interest in the land, including the attorney
or agent thereof.
66. Owner -occupied. The use of a dwelling unit as the primary residence and permanent
Place of abode for the individual who holds the title of a property.
67. 04) Park. Any public land available for recreational, educational, cultural or aesthetic
use.
68. (" Parking area. A structure or an open area, other than a street, alley or other right-
of-way, on which vehicle parking spaces are defined, designated or otherwise identified
and available, whether free or for compensation, for use by the public, clients, tenants,
customers, employees or owners of the property for which the parking area is required
by ordinance.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
69. {� Parking requirements as stated in terms of employees.The maximum number of
employees who will be at the site at one time on either a single shift or an overlap of
shifts.
70. (" Parking space, off-street. A designated area sufficient in size to accommodate one
motor vehicle, exclusive of maneuvering room, designed with adequate independent
access to, but located off, any street, alley or other right-of-way.
71. (74) Parking, valet. Attendant parking provided as a service to patrons of commercial
establishments.
72. (74) Peddler. A person who, with no fixed place of business, goes from house to house,
place to place, or from store to store transporting goods, wares or merchandise for sale
or offering or exposing the same for sale or making sales and delivering articles to
purchasers. (See Transient merchant and Vending, Street.)
73. (7-21) Planned unit development. A land development under unified control that is
planned and constructed in its entirety as a single development operation or in a series of
programmed stages. The development may include streets, circulation ways, utilities,
residences, commercial buildings, open spaces and other site features and improvements
some of which may not otherwise be individually permitted.
74. (7-3-) Profession. An occupation or calling requiring the practice of a learned art through
specialized knowledge, training, experience or a degree issued by an institute of higher
learning; i.e., doctor of medicine, lawyer, engineer or real estate broker.
75. (74) Professional office. The office of a member of a recognized profession maintained
for the conduct of that profession.
76. (7-5-) Recreational, indoor commercial. A facility accommodating such indoor recreation
activities as skating rinks, bowling lanes or shooting/archery ranges.
77. {7-6} Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice
rinks, playing fields or miniature golf.
78. {7-7} Recreational vehicle. A vehicle used or intended to be used as transient living or
sleeping quarters for humans and which may be driven, towed or propelled from one
location to another without change in structure or design, whether or not the same is
supported by wheels or identified by a model, serial or vehicle registration number.
Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes,
truck campers and similar vehicles.
79. (7-9) Recreational vehicle (RV) bark. Any parcel of land upon which two or more
recreational vehicle sites are located, established or maintained for commercial
occupancy by recreational vehicles of the general public as temporary living quarters for
recreation or vacation purposes. Includes trailer park and camper park.
80. (-7 - Recycling center. A building in which used material is separated and processed
prior to shipment to others who will use those materials to manufacture new products.
81. {" Recycling collection point. An incidental use serving as a neighborhood drop-off
point for temporary storage of recoverable resources. No processing of such items would
be allowed. This facility would generally be located in a shopping center parking lot or
in other public/quasi-public areas such as churches and schools, as opposed to being
allowed on residential or vacant lots.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
82. (-&o Repair service, household/appliance. A business establishment where repairs are
made to appliances and furniture.
83. (824 Residence. A home, abode or place where an individual is actually living at a
specific point in time.
84. {" Resource extraction. Commercial or industrial operations involving the removal of
nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any
operations having similar characteristics. Said use includes the use of heavy equipment
such as loaders, dozers, backhoes and crushers.
85. " Restaurant. An establishment whose principal business is the sale of food and/or
beverages to customers in a ready -to -consume state and whose principal method of
operation includes one or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods and
beverages by a restaurant employee at the same table or counter at which the food
and beverages are consumed; and/or
b. A cafeteria -type operation where food and beverages generally are consumed within
the restaurant building.
86. {" Restaurant, fast-food. An establishment whose principal business is the sale of
quickly prepared, ready -to -eat food and/or beverages for consumption within the
restaurant building, within a motor vehicle parked on the premises, or off the premises
as carry -out orders, and whose principal method of operation includes the following
characteristics: orders are generally taken at a main counter or drive -up window and food
and/or beverages are usually served in disposable wrapping or containers. This includes
drive-in and carry -out restaurants.
87. {-go Right-of-wayAn area or strip of public land which incorporates or is intended to
be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters,
landscaping and/or public utilities.
88. {-8� Salvage yard auto wrecking, scrap, iunk). Any area used for the storage, keeping
or abandonment of junk or waste material, including scrap metal or other scrap materials,
or for the dismantling, demolition or abandonment of automobiles, machinery, other
vehicles or parts thereof.
89. (8� School. Any public, religious or nonprofit facility providing a general curriculum
of academic or vocational instruction serving any or all grades between kindergarten and
twelfth grade.
90. �" School, commercial. A facility providing commercial instruction in such activities
as music, dance, arts, crafts and sailing.
91. (" School, adult vocational. A facility providing a general curriculum of adult
academic or vocational instruction.
92. (40 Setback. The required minimum distance from a right-of-way or lot line that
establishes the area within which only fencing, landscaping, driveways, parking and
similar uses are permitted. Any structure including, but not limited to, decks, stairways,
porches or other attachments to a building are specifically prohibited in the setback.
Building eaves are permitted to extend into the setback a maximum of two feet.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
93. (" Shopping center. A single complex which provides a combination of retail
establishments designed in such a manner as to provide convenience for shoppers with
common parking facilities. Includes mall.
(Single-family, attached. See Dwelling)
(Single-family, detached. See Dwelling)
94. (" Solid waste facility. A disposal site employing an engineering method for disposing
of solid wastes in a manner that minimizes environmental hazards. Includes landfill,
compactor, transfer, etc.
95. (" Storage. A structure or designated area that provides space for storing.
a. Container. An accessory storage use consisting of containers such as semi -tractor
vans, shipping containers and conex containers originally designed to transport goods
and materials via highway, rail, air or sea, which are placed on a parcel of land and
used for covered storage provided that all wheel assemblies have been removed, and
the unit is located outside any setbacks. Containers, whether temporary or permanent,
are considered a structure and must comply with current adopted building codes.
Railroad box cars are excluded except in the industrial zone. (See Accessory
Use/Building, Building, and Structure)
b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a
fence, of any goods, junk, material, merchandise or vehicles in the same place for an
extended period of time. In the harbor commercial area, the use is limited to the
storage of boats only.
c. Self-service. A building or group of buildings consisting of individual, small, self-
contained units that are leased or owned for storage of business and household goods
or contractors' supplies. Includes mini warehouses.
d. Warehouse and distribution. A building used primarily for the storage and/or
distribution of goods, products, materials, supplies and equipment, but excluding
bulk storage of materials that are flammable or explosive or that create hazardous or
commonly recognized offensive conditions.
96. {} Street. A dedicated public way which affords the principal means of access to
abutting property, such as an avenue, place, drive, boulevard, highway or other similar
public thoroughfare, except an alley as defined herein.
97. (90 Structure. Anything constructed or erected on the ground or attached to something
having location on the ground, including, but not limited to, buildings, towers, and sheds.
Fences, retaining walls less than three feet in height, signs and similar improvements of
a minor character are excluded.
98. (" Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt.
99. (9 - Temporary structure. A structure without any foundation or footings as allowed by
the adopted building code which must be completely removed from the parcel when the
temporary permit for the structure/use expires.
100. (" Trailer. A structure standing on wheels, towed or hauled by another vehicle and
used for carrying materials, goods or objects or as a temporary office or business.
101. {�Transient merchant. Any person, partnership, firm or corporation, whether a
resident of the City or not, who engages in a temporary business, within a period not
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or
services, wares and merchandise for profit or nonprofit within the City by operating on a
door-to-door, street corner or similar basis; or from no fixed location or office; or from a
location out-of-doors or in quarters that are easily moveable, such as a temporary leased
area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant
merchants and vendors. Does not include vehicles for hire.
(Two-family. o�plex. See Dwelling)
(Unit, dwelling unit. See Dwelling)
102. 0044Utilitypublic fac�n installation owned by an agency under public franchise
or ownership, or under certificate of convenience and necessity, providing the public with
electricity, gas, heat, steam, communication, water, sewage collection or other similar
service.
103. � Vehicle, motor. A self-propelled device used for transportation of people or goods
over land surfaces and licensed as a motor vehicle.
104. (4"Vending. The sale of food, services or merchandise.
a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the
general public.
b. Mobile vending cart. Is a non -motorized structure Is a non -motorized structure or unit on wheels that is easily
moved and used for vending.
c. Mobile vendor. A person or business that sells food or permitted types of goods from
City -approved locations using (i) a licensed vehicle or cart capable of movement; or
(ii) a licensed trailer pulled behind a motor vehicle.
b. Pre -packaged food. Ready -to -eat food that is cooked, wrapped, packaged, processed,
or portioned for service, sale or distribution.
c. Roving vendor. A person who offers only pre -packaged food items to the public, with
or without the use of a licensed motor vehicle, from no fixed location on public
property, only on rights of way within designated zoning districts, excluding Fourth
Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and
Fifth Avenues between Jefferson Street and Railway Avenue.
d. Transient merchant. Any person, partnership, firm or corporation, whether a resident
of the City or not, who engages in a temporary business, within a period not exceeding
150 consecutive days in a calendar year, of selling and delivering goods and/or
services, wares and merchandise for profit or nonprofit within the City by operating
from a location out-of-doors or in quarters that are easily moveable, such as a
temporary leased area or space, or motor vehicle, trailer or tent. Includes peddlers,
solicitors, itinerant merchants and vendors. Does not include vehicles for hire.
Transient merchants operate exclusively from private property. (Note: Transient
merchant definition relocated. Previously 15.10.140. B. 95.)
105. (4"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)
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
106. (4"Water-dependent. A use or activity which can be carried out only on, in or adjacent
to water areas because the use requires access to the water body for water -borne
transportation, recreation, energy, production or source of water.
107. (44OWater-related. Uses which are not directly dependent upon access to a water body
but which provide goods or services that are directly associated with water -dependent
land or waterway use and which, if not located adjacent to water, would result in a public
loss of the quality of goods or services offered.
108. (4"Yard. A required open space on the same lot with a main building, unoccupied or
unobstructed from the ground upward, except as otherwise provided in this chapter.
a. Front. The area extending across the full width of a lot, measured between the front
lot line and the nearest exterior wall of the building, front of a bay window or the
front of a covered porch or other similar projection, whichever is the nearest to the
front lot line.
b. Rear. A yard extending across the full width of the lot between the most rear
extension of the main building and the rear lot line. The depth of the required rear
yard shall be measured horizontally from the point of the rear lot line nearest to the
main building. In cases of double frontages and corner lots, there are no rear yards,
only front and side yards.
c. Side. A yard between a main building and side lot line, extending from the front yard
to the rear yard. The width of the required side yard shall be measured horizontally
from the nearest point of the side lot line toward the nearest part of the main building.
109. (44&)Zero-lot line. The location of a building on a lot in such a manner that one or more
of the building's sides rests directly on a lot line.
(Ord. 626, § 3, 1989; Ord. 633, § 1, 1990; Ord. 92-02; Ord. 92-14; Ord. 93-05; Ord. 94-26; Ord.
95-07; Ord. 95-17; Ord. 96-05; Ord. 97-12; Ord. 98-02; Ord. 98-06; Ord. 98-09; Ord. 99-01; Ord.
99-10; Ord. 99-16, § 3, 1999; Ord. 2003-09; Ord. No. 2010-005, § 1, 10-11-2010; Ord. No. 2011-
004, § 1, 5-29-2012; Ord. No. 2014-002, § 1, 4-28-2014 ; Ord. No. 2014-004, § 1, 5-27-2014; Ord.
No. 2015-001, § 1, 2-23-2015; Ord. No. 2016-005, § 3, 6-27-2016; Ord. No. 2018-002, § 4; Ord.
No. 2018-004, § 1; Ord. No. 2020-012, § 1, 10-12-2020; Ord. No. 2022-002, § 1, 1-24-2022)
Section 2. 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):
15.10.226 Land uses allowed.
A. Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter (See Table
15.10.226)
B. Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of
this chapter and subject to the following conditions:
1. Regardless of the date such use began, an annual administrative permit is required. Prior
to issuing the permit, the City shall conduct an annual life safety inspection of each guest
room to assure compliance with the current adopted building code door/window egress
standards, the presence of an operable and inspected fire extinguisher and adequate
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
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 lodzinz 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,
providinz insurance coveraze for lodzinz 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.
4. (42) Parking will be provided in accordance with section 15.10.215 of this chapter.
5. (-3-) No cooking or cooking facilities are permitted in individual guest bedrooms.
6. H+Within siiigle and twe family 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 fire three.
7. Within principally residential districts R2, R3, UR, lodzinz in multifamily dwellin'-s 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.
8. (8) 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 sinzle-
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.
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 -apt dwelling units.
11. Within principally commercial districts OR, AC, HC, and CB, an individual must wait
4 years from the January of the followinz year after purchasinz a multifamily dwelling
before applyinz for a non -owner -occupied Short-term rental permit. A Ion, --term
rental and an owner -occupied Short-term rental permit may be obtained immediately
upon purchase of the multifamily dwellinz.
12. (-The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
13. {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.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
C. Mobile vendor as defined in section 15.10.140(B)(98) Vending (C) of this chapter and which
are allowed in accordance with table §15.10.225 are subject to the following development
requirements:
1. An application for a mobile vendor must be submitted on a form provided by the City
Clerk's office yearly with colored pictures of at least two different angles of the unit the
applicant is applying to license and a description that includes the length and width, when
in its widest configuration.
2. Mobile vendors may operate at designated locations, by permit. Policies and procedures
shall be set by resolution of the City Council.
3. The City police department has the right to close down a mobile vendor if vending is
causing or contributing to an imminent public safety hazard.
4. No mobile vending shall take place on public property between the hours of 10:00 p.m.
and 6:00 a.m. unless otherwise posted.
5. A mobile vendor may only offer, for sale, the following types of goods and services on
public property: food and/or non-alcoholic beverages; handicrafts, artwork, jewelry or
similar goods or firewood.
6. Licenses. In addition to complying with City of Seward ordinances related to mobile
vendors and applicable regulations, the owner and operator is responsible for applying
for and obtaining all other necessary licenses and satisfying the standards of the City
permit conditions.
7. Mobile vendor vehicles or carts may not remain in place overnight or in City parking
lots.
8. Mobile vendor vehicles must be self-contained when operating, except for the required
trash and or recycling receptacles, which shall be in a safe location and in no event shall
impede the free movement of automobiles or pedestrians, within their permitted lot or
space.
9. Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked
in spaces parallel to City sidewalks.
10. It shall be unlawful for a vendor to attract customers by hawking or physically accosting
persons.
11. Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover
public liability in the standard amount set by City policy. Insurance policies shall
stipulate that the insurer will give written notice to the City at least 30 days prior to
cancellation or other termination in coverage. Prior to acceptance of their permit, vendors
shall execute an instrument under the terms of which the permittee shall agree to
indemnify, defend, and hold harmless the City from any and all claims for injury or
damage to persons or property suffered in connection with vendor activities.
12. Any mobile vendor base station shall be properly licensed.
13. Mobile vendors shall comply with all City code, policy and procedures. Failure to adhere
to the regulations for mobile vendors is cause for revocation or suspension of the license
/ permit by the City Clerk.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
14. Mobile vendors shall display required permits and City business license in a prominent
location on the mobile vending cart or vehicle from which the business is conducted
pursuant to the permit, so it is protected from the weather and easily visible to the public.
D. Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
1. Roving vendors shall not vend on any public street where the legal speed limit exceeds
25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and
also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and
Railway Avenue.
2. Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m.,
unless otherwise posted.
3. Roving vendors shall vend only when the vehicle is lawfully parked and completely
stopped.
4. Roving vendors shall vend on public streets from the side of the vehicle away from
moving traffic, and within one foot of the curb or edge of the street.
5. Roving vendors shall not vend or permit the vehicle to stand in one place in any public
place or street for more than 30 minutes or in front of any premises for any time if the
owner or lessee objects.
6. An application for a roving vendor vehicle must be submitted on a form provided by the
City Clerk's office yearly with colored pictures of at least two different angles of the unit
the applicant is applying to license and a description that includes the length and width,
when in its widest configuration.
7. The City police department has the right to close down or request a roving vendor to
relocate if vending is causing or contributing to an imminent public safety hazard.
8. In addition to complying with City ordinances and permit conditions related to roving
vendors, the owner and operator is responsible for applying for and obtaining all other
necessary licenses required for the service of food. The roving vendor vehicle shall be in
compliance with the motor vehicle laws of the state, and the roving vendor vehicle owner
is responsible for complying and verifying that a specific location or route does not
violate city zoning code.
9. Roving vendors shall comply with all traffic rules.
10. Each roving vendor vehicle must provide the City with a certificate of insurance to cover
public liability in the standard amount set by City policy. Insurance policies shall
stipulate that the insurer will give written notice to the City at least 30 days prior to
cancellation or other termination in coverage. Prior to acceptance of their permit, vendors
shall execute an instrument under the terms of which the permittee shall agree to
indemnify, defend, and hold harmless the City from any and all claims for injury or
damage to persons or property suffered in connection with vendor activities.
11. Any roving vendor base station must be properly licensed.
12. Roving vendors shall comply with City code, policy and procedures. Policies and
procedures shall be set by resolution of the City Council. Failure to adhere to the
regulations for roving vendors is cause for revocation or suspension of license permit by
the City Clerk.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
13. Roving vendors shall display required permits and City business license in a prominent
location on the mobile vending cart or vehicle from which the business is conducted
pursuant to the permit, so it is protected from the weather and easily visible to the public.
E. Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
1. For purposes of this chapter, such use and storage of equipment shall be limited to a
period not exceeding 150 consecutive days in a calendar year.
2. Transient merchant facilities shall be and remain legally licensed and road ready and
shall be removed completely from the property at the end of 150 days.
3. Transient merchants shall provide for the concealed storage of all inventory, supplies,
equipment and other materials brought to the site in connection with the business
conducted there.
4. Transient merchants using vehicles and trailers in the operation of transient business
activities authorized by this chapter shall ensure that the area of operation meets the
required setbacks as provided by section 15.10.220. In no case shall the allowed area of
operation be less than five feet from any property line, permanent structure or other
transient merchant.
5. Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have
blocked tires and be fully skirted to match the vehicle or trailer.
6. Any additions, including, but not limited to, porches, platforms and decks, shall be sided
or painted to match or complement the vehicle or trailer prior to operation.
7. Every transient merchant shall provide sufficient trash receptacles on -site and ensure the
proper disposal of all garbage collected on the site.
8. The use of generators is prohibited.
9. No transient merchant shall conduct business on property owned or operated by the City
except in accordance with chapter 8.10 of this Code.
10. Transient merchants shall conform to all federal, state and local laws.
F. Reserved.
G. Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of
this chapter subject to the following:
1. Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000
square feet for every two small animals (excluding chickens and rabbits).
2. Livestock fencing shall be no closer than five feet from a property line.
3. A City -approved drainage plan showing that runoff from the livestock corral or pen will
not adversely impact neighboring property or streams.
4. A City -approved manure storage and disposal plan. The manure storage pile shall not be
closer than 25 feet from any property line.
5. Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225.
6. Chicken or rabbit coops and enclosures are required and must meet a minimum setback
of 25 feet from neighboring homes.
7. Chickens or rabbits are not allowed on lots with more than one dwelling unit.
H. Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with
table 15.10.225 of this chapter subject to the following:
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
1. The facility owner or operator has submitted a license application to the State of Alaska
for the corresponding type of marijuana establishment prior to operation, and maintains
a current license from the state at all times the facility is in operation.
2. Marijuana establishments shall not to be located within 500 feet of the entrance of any
building where religious ceremonies are regularly held, a correctional facility,
recreational facility or youth center licensed by the state or local government, or within
1,000 feet of any school. The distance specified in this subsection must be measured by
the shortest pedestrian route from the public entrance of the building in which the
licensed premises would be located to the outer parcel boundaries of the school,
recreation or youth facility or to the main public entrance of the building in which
religious services are regularly held, or the correctional facility. The burden of proof
demonstrating that the facility meets the required separation distances is the
responsibility of the marijuana establishment owner or operator.
3. In this title, standard or limited marijuana cultivation facility meeting all other criteria in
this Code and in Alaska Statutes and Administrative Codes are classified as a
Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an
accessory use secondary to a residence may be classified as a Home Occupation use.
4. In this title, a marijuana testing facility meeting all other criteria in this Code and in
Alaska Statutes and Administrative Codes is classified as an Office - Business or
Professional use.
5. In this title, a marijuana product manufacturing facility or a marijuana concentrate
manufacturing facility using hazardous materials in the manufacturing process and
meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes
is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials in
the manufacturing process are classified as a Manufacturing, Light use.
6. In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska
Statutes and Administrative Codes is classified as a Business - Retail Sales and Service
use.
I. Camping is allowed subject to the following:
1. Camping for a fee shall be allowed within the City limits only in municipal campgrounds,
as defined in section 7.15, or in private camper parks operating under a permit, as defined
in section 8.15.
2. Other than permitted camper parks, camping on privately owned lots as an accessory use
to an occupied, single family home is limited to private non-commercial use and for no
fee. Such occupancy shall be limited to one camping unit at a time and shall be for
recreational or vacationing purposes only. Camping as provided in this section shall not
occur earlier than April 15th and no later than September 30th
J. Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject
to the following:
1. Employee campgrounds are for established businesses with high seasonal employment
of transient workers, and are not to be construed as construction camps. No employee
campground may be open for more than 180 days per calendar year, and may not open
earlier than April 15, nor remain active later than September 30, except by resolution of
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
the City Council based on specific findings that a longer term, earlier opening date and/or
later closing date is warranted because of special circumstances.
2. Camping units as described in [section] 15.10.140 are not permitted. For the purposes of
this section, a camping unit is described as a modified camping Connex, providing living
facilities for one or more persons.
3. Occupancy in an employee campground is limited to the transient workers of that
industry or business granted a conditional use permit.
4. Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee
campgrounds.
5. Sanitary facilities shall be provided and include either permanent or portable toilets on -
site. If permanent facilities are constructed, they shall conform to section 8.15.425(b).
Shower facilities shall be provided and may either be on -site in conformance with section
8.15.425(b), or provided on the job site of the employer.
6. The requirements for spacing shall be at least ten feet clear space between camping units.
Camping units, other than those being used for living accommodations, shall not be
parked within the campground area proper.
(Ord. 626, § 3, 1989; Ord. 633, §§ 3, 4, 1990; Ord. 639, 1991; Ord. 90-2; Ord. 91-1; Ord. 91-04;
Ord. 92-02; Ord. 94-11; Ord. 94-25; Ord. 95-07; Ord. 95-13; Ord. 95-17; Ord. 96-05; Ord. 97-
13; Ord. 98-09, § 4; Ord. No. 2012-002, § 1; Ord. No. 2014-004, § 1; Ord. No. 2016-005, § 3;
Ord. No. 2018-004, § 1; Ord. No. 2022-003, § 1, 1-24-2022)
Editor's note(s)—Ord. No. 2018-004, § 1, adopted § 1, 7-9-2018 renumbered § 15.10.225, to §
15.10.226, as herein set out.
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, ve low density single-family residential
R1 =
Single-family, low density residential
R2 =
Single and two-family, medium density residential
R3 =
Single, two and multi -family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional
offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
Harbor commercial
CB =
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and
steep slopes
INS =
Institutional, public, quasi -public uses
P =
Parks
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
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
O
O
O
O
O
O
O
O
O
O
O
O
O
Adult entertainment
INTENTIONALLY
LEFT BLANK
Agency, i.e., travel insurance, title, real
estate, etc.
O
O
O
O
O
Agriculture
O
Airport and related services
O
C
Amusement or recreationfacility
O
O
O
Animal shelter
O
C
C
Antenna, personal TV, satellite dish
O
O
O
O
O
O
O
O
O
O
O
O
Art gallery
O
O
O
O
O
Assemblages, temporary large,i.e.,
circus, fair
P
P
P
P
P
P
P
Attraction, permanent major visitor
C
C
C
C
C
Auditorium
O
O
O
Auto repair, i.e., mechanic, glass
body, upholstery
C
O
Auto service/gas station
O
O
O
Auto/RV sales and rentals
O
O
O
Boat sales
O
O
O
Boat, commercial building/fabrication
O
O
Boat, harbor/marina
C
C
C
C
C
Boat, repair and maintenance
O
O
O
C
Boat, storage commercial
O
O
O
C
Bulk material, i.e., concrete,gravel,
sand, asphalt
C
C
Business, marine retail sales and
service
O
O
O
O
C
Business, package liquor
O
O
O
Business, retail sales and service
O
O
O
O
Business, retail sales andservice,
industrial
O
Campground, municipal
UP
UP
C/P
UP
Campground, camper parkprivate
C/P
C/P
C/P
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Campground, employee
UP
Car/boat wash
O
O
O
Cemetery
O
C
O
Center, community/civic
O
O
C
C
Center, mariner's
O
O
O
O
Center, senior or teen
C
C
C
O
O
C
C
Child care, licensed center
C
C
O
O
O
C
Child care, licensed home
O
O
O
O
O
O
O
O
O
Church
C
C
C
C
C
C
O
O
O
O
Clinic, medical
O
O
O
O
O
Clubs,
fraternal/lodges/social/veterans
C
O
O
C
Cluster subdivision
C
C
C
Commercial communications tower
less than 16 feet diameter or 75 feet
in height
C
C
C
C
C
C
Commercial communications tower
16 feet diameter or greater than 75
feet in height
C
C
C
Correctional/prison facility
C
C
C
C
Crematory
O
Docks/wharves, industrial cargo
O
O
C
C
Dock, passenger
O
O
O
C
O
Drinking establishment, i.e.,bar,
nightclub, lounge
C
C
C
Drive-in facility —Fast food,banking,
etc.
C
C
C
C
C
Dwelling, apartment in a
commercial building (limited to one
unit)
O
O
O
O
O
C
Dwelling, apartment in a
commercial building (two or more
units)
O
O
C
C
Dwelling, apartment, efficiency or
accessory
O
O
O
O
O
O
O
Dwelling, apartment, studio
C
C
C
C
C
C
Dwelling, attached single-family, i.e.,
townhouse, row
C
C
C
C
C
C
C
Dwelling, condominium
C
C
C
C
C
C
C
Dwelling, detached single-family
O
O
O
O
O
O
O
C
C
Dwelling, group home
O
O
O
O
O
O
C
Dwelling, guest house
O
O
C
Dwelling, multi -family (3 or more
units)
C
C
C
C
C
C
C
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Dwelling, two-family or duplex
O
O
O
O
O
C
C
Dwelling, watchman or caretaker
O
C
Emergency services, pub/vol;i.e., fire,
ambulance, rescue
C
C
C
C
C
C
O
C
O
O
C
O
Financial institution, i.e., bank S&L
C
O
O
Flea market, open air retailother than
occasional
C
C
C
Fuels, bulk storage and sales
C
Golf course
O
O
C
Golf driving range
O
O
O
O
C
Greenhouse/nursery—Commercial
O
O
O
Grocery, convenience store
C
C
C
O
O
O
O
Grocery, supermarket, food mart
O
O
Health club
C
C
O
O
O
Home occupation
O
O
O
O
O
O
O
O
O
O
Hospital
C
C
House ror+4
$
I'
I'
P
I'
P
a a tiig4gy-basis
Housing, bunkhouse
C
C
C
Housing, dormitory
O
O
Housing, nursing, retirement,
convalescent
C
C
C
Kennel, commercial, musher or
fancier
INTENTIONALLY LEFT BLANK
Laundry, dry cleaning
O
C
O
O
Library
O
O
O
O
Livestock, excluding chickens and
rabbits
P
P
Livestock, chickens and rabbits
P
P
P
P
P
P
I P
P
I
P
Lodging, B&B, ce
H/P
H/P
H/P
H/P
H/P
O/P
O/P
O/P
O/P
Lodging, hostel
P
P
P
P
P
P
Lodging, hotel, motel, lod e,inn
C
O
C
C
Lodging, short-term rental sin le-
HIP
—
H/P
—
H/P
—
/P
HIP
—
HIP
—
H/P
—
HIP
—
HIP
amil dwellin
Lodging, short-term rental
multi -family dwellin
HIP
—
UIP
HIP
—
P
—
P
—
P
—
P
Lodging, short-term rental
Non -owner occupied)—
P
P
—
P
—
P
—
g
I'
I'
I'
I'
g
P
Lumberyard/building supply
C
O
C
Manufacturing —noxious, heavy
C
Manufacturing, light fabrication,
assembly
C
C
O
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Merchant, transient
O
O
O
O
Mobile home park
I
IC/P
Mobile home, residential, not in park
INTENTIONALLY
LEFT BLANK
Mobile home sales
O
O
Mobile medical unit
O
O
O
Mobile vendor
P
P
P
P
P
P
P
P
P
P
P
Mortuary/funeral home
O
O
O
Museum
C
O
O
O
O
O
Office, boat charier, guide
O
O
O
O
O
C
Office, business or professional
O
O
O
O
O
Office, government/quasi-
government administration
O
O
O
O
O
O
O
Office, mobile/temporary on
construction site
P
P
P
P
P
P
P
P
P
P
P
P
P
Office, home, professional
O
O
O
O
O
Parking lot
C
C
O
O
O
O
O
O
O
O
Personal services, i.e., beauty,shoe,
tailor
O
O
O
O
Planned unit development
C
C
C
C
C
C
Playground, public tot lot
O
O
O
O
O
O
O
O
O
O
O
Railroad
C
C
C
C
Recreation, commercial indoor,i.e.,
bowling, skating
O
O
O
C
Recreation, outdoor, i.e.,miniature
golf
O
C
C
C
Recreation, shooting range
C
C
C
Recycling center
C
C
O
C
Recycling, self-service drop-off point
O
O
O
O
O
O
O
O
Repair service, i.e., large appliance
C
C
O
Resource extraction, commercial
subsurface, i.e.,mining
C
C
C
Resource extraction, commercial
surface, i.e., gravel
C
C
C
Resource extraction, commercial
timber harvesting
C
C
Restaurant, food service, catering,
brew pub
O
O
O
O
O
C
Rooming or boarding house
O/P
O/P
O/P
O/P
Roving Vendor
P
P
P
P
P
P
P
P
P
P
P
Salvage —auto, wrecking, scrap,
junkyard
C
Sawmill or lumbermill
C
C
School, college
C
C
C
School, public/private
elementary/secondary
C
C
C
C
C
C
C
C
C
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
School, vocational
C
O
O
C
O
C
Seafood processing, i.e.,canning,
rendering
C
C
C
C
Shop, i.e., welding, sheet metal,
machine, steel fab.
C
C
O
Shop, i.e., wood, signs, cabinet,
upholstery
C
C
O
C
O
Shopping center (mall)
C
C
Solid waste disposal, i.e., baler,
transfer, landfill
C
C
C
Storage, container
P
P
P
P
O
P
Storage, explosives
P
Storage, outdoor, yard,
material/equipment
C
O
O
C
Storage, self service
O
O
O
O
Storage, warehouse and distribution
O
O
O
C
C
Studio, radio/television
C
O
O
O
O
C
Tanks, above ground associated with
service station
Taxidermy
C
C
O
O
O
O
O
O
O
C
O
C
Terminal, i.e., bus, truck, freight
Terminal, marine/boat passenger
O
C
O
O
C
Theater, concert, movie
O
O
Tool/equipment rental
O
O
Zoning Districts
Principally
Residential
Pri cipally
Commercial
Prin ipally
Public
Uses
RR
RI
R2
R3
UR
OR
I AC
HC
CB
I
RM
INS
P
Temporary structure
P
P
P
P
P
P
P
P
P
P
Utility facility, public electric,water,
sewer, etc.
C
C
C
C
C
C
O
O
O
O
O
O
Vehicle impound lot
O
O
Vending machine repair,storage
O
O
C
Veterinary hospital
C
C
C
Wind Energy Conversion Systems
(WECS)
O
O
O
O
O
O
O
O
O
O
O
O
O
Section 3. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the
9th day of January, 2023.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-016
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
October 11, 2022 Volume 7, Page
CALL TO ORDER
The October 11, 2022 regular meeting of the Seward Planning & Zoning Commission was
called to order at 7:00 p.m. by Chair Clare Sullivan.
OPENING CEREMONY
The commission led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Clare Sullivan presiding, and
Vanessa Verhey
Troy Staggs
Comprising a quorum of the Commission; and
Nathaniel Charbonneau
Brenan Hornseth
Sean Ulman
Jason Bickling, Community Development Director
Courtney Bringhurst, City Planner
Brenda Ballou, City Clerk
Excused — Monaco
Absent — None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Carol Griswold, inside city limits, thought the draft Municipal Plan was a vast
improvement over the 2014 plan; she hoped the commission consider incorporating some of her
suggestions in the next iteration. She believed the Forest Acres Campground should remain a
campground and not be sold.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Charbonneau/Staggs) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the August 2, 2022 Regular Meeting Minutes.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
October 11, 2022 Volume 7, Page
Proclamations and Awards — None
City Administration Report. Community Development Director Jason Bickling stated
the department had been busy preparing for tonight's meeting. He announced that on October 17,
2022 the commission would have a joint work session with the Seward Bear Creek Flood Service
Area Board (SBCFSAB) at the Seward Community Library. He said the November 1, 2022 P&Z
meeting would be rescheduled to November 8, 2022 and would also be held at the Seward
Community Library.
Other Reports and Announcements — None
Presentations — None
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2022-019, Recommending Kenai Peninsula Borough Approval Of The
Preliminary Replat Of Gateway Subdivision, Amended Tract B; Located At 2109 Unimak
Circle; Creating Gateway Subdivision 2022 Lindquist Addition, Lots 14-18, Block 8.
Motion to Approve (Charbonneau/Verhey) Approve Resolution 2022-019
City Planner Courtney Bringhurst recited the information in the agenda statement,
reviewed the conditions being proposed, and recommended approval.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Thomas Lindquist, outside the city, supported this resolution.
Carol Griswold, inside city limits, requested the parcel widths and frontages in the
resolution be corrected to say 60 feet.
No one else appeared and the public hearing was closed.
Motion to Amend (Charbonneau/Verhey)
Motion to Amend Passed
Amend Resolution 2022-019 in the 5tb
Whereas by striking the words "30'-60'
and" and "respectively" so that it reads,
"...the parcels widths and frontages meet
the required minimum of 60'."
Unanimous
Main Motion Passed Unanimous
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
October 11, 2022 Volume 7, Page
Resolution 2022-020, Granting A Conditional Use Permit To Zimmerman Investments LLC
To Construct A Tri-Plex On Lot 42, Block 2, Gateway Subdivision Addition No. 1; Located
At 2007 Dunham Drive; Within A Multi -Family (R3) Zoning District.
Motion to Approve (Charbonneau/Staggs) Approve Resolution 2022-020
Bringhurst recited the information in the agenda statement, reviewed the conditions being
proposed, and recommended approval.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened. No one appeared and the public hearing was closed.
Motion to Amend (Charbonneau/Verhey)
Motion to Amend Passed
Motion Passed
Amend Resolution 2022-020 to require a
three -wall structure with a roof to house
the bear -proof trash receptacles rather
than a dumpster.
Unanimous
Unanimous
Resolution 2022-021, Recommending City Council And Kenai Peninsula Borough Approval
Of The Preliminary Replat Of Fort Raymond Subdivision, Replat No. 1, Lot 12A; Located
At 911 Hemlock Ave; Creating Hemlock Subdivision, Tracts A And B.
Motion to Approve (Charbonneau/Verhey) Approve Resolution 2022-021
Bringhurst recited the information in the agenda statement, reviewed the conditions being
proposed, and recommended approval.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Carol Griswold, inside the city, said the preliminary plat needed to be corrected because
it contained conflicting flood information wherein there were references indicating the property
was not in a flood zone and other references indicating it was in a flood zone. As well, there were
adjacent properties that had not included in the plat but which should be represented for accuracy.
Griswold said the documentation was incomplete in other areas, as well.
Peggy Ventura, outside the city, had recently watched a documentary that gave her an
appreciation about how important parks were to communities. She asked that this property be
retained as a park so that visitors and locals alike could enjoy it year round. She said there were
other places in town to develop housing, and if this area was destroyed it would never be regained.
Ventura shared moments of observing wildlife and nature in this area.
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
October 11, 2022 Volume 7, Page
Dave Hale, outside the city, represented R&M Consultants. He said replatting the property
would not change the current use of the property; instead, the replat would allow the city to rezone
the bike park as a park, which was what the community wanted.
No one else appeared and the public hearing was closed.
Staggs believed that retaining the property in its current form without replatting it would
protect it the best. Unless there was the intention to develop this portion, he didn't see the point of
replatting this property. He wished to keep the properties together and rezone them to park.
Charbonneau believed the bike park needed to be zoned as a park, and he thought the bike
park portion needed to be separated from the campground property. He thought it made sense to
separate the property into two parcels.
Motion Passed
Yes: Verhey, Hornseth, Ulman,
Charbonneau, Sullivan
No: Staggs
Resolution 2022-022, Recommending City Council Approval Of The Land Use Amendment
To Rezone Proposed Tract B, Hemlock Subdivision; From An Institutional (INS) Zoning
District To Park (P) Zoning District.
Motion to Approve (Verhey/Charbonneau) Approve Resolution 2022-022
Bringhurst recited the information in the agenda statement, reviewed the conditions being
proposed, and recommended approval.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened. No one appeared and the public hearing was closed.
The commission suspended the rules to speak with Dave Hale from R&M Consultants.
Sullivan wished to clarify the impact of this resolution and the previous resolution.
R&M Consultant Dave Hale stated if this resolution was approved, it would rezone the
southern tract, the bike park, to park; the northern tract, the campground, would remain
institutional.
The commission went back on the rules.
Motion Passed
Unanimous
Resolution 2022-0239 Recommending 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.
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
October 11, 2022 Volume 7, Page
Motion to Approve (Charbonneau/Staggs) Approve Resolution 2022-023
Bringhurst recited the information in the agenda statement, reviewed the conditions being
proposed, and recommended approval. Bringhurst called attention to the laydown provided which
provided an alternate draft ordinance than what was included in the packet.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Carol Griswold, inside the city, supported the substitute ordinance, but requested that the
definition for "Bed and Breakfast" be deleted because it was redundant to short term rental, that
the commission modify the definition of "Short Term Rental", and that the Life Safety
requirements be updated to align with Fire Department recommendations. In addition, she
requested that the number of bedrooms be limited to three rather than five in principally residential
zones.
No one else appeared and the public hearing was closed.
Motion to Amend (Charbonneau/Staggs)
Motion to Amend Passed
Motion to Amend (Charbonneau/Staggs)
Main Motion Passed
UNFINISHED BUSINESS — None
NEW BUSINESS
Resolutions
Amend Resolution 2022-023 by adopting
the substitute ordinance provided as a
laydown.
Unanimous
Amend Resolution 2022-023 under SCC
15.10.226 (b) (6) by striking "five" and
replacing it with "three".
Unanimous
Resolution 2022-015, Recommending City Council Adoption Of The Municipal Lands
Inventory And Management Plan — 2022 Update.
Motion to Approve (Verhey/Charbonneau) Approve Resolution 2022-015
Bickling thanked the public for all their input, and appreciated all the work the commission
had done on this document. He commended Planning Technician Selena Soto for the work she did
on the mapping.
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
October 11, 2022 Volume 7, Page
Bringhurst announced that the resolution number would be changed from 2022-015 to
2022-024 because the original resolution number was assigned some time ago when the resolution
was expected to go before the commission; however, due to unforeseen delays, the resolution was
coming tonight for the first time so Bringhurst wished to align the number to bring it current.
Sullivan stated this was a living document.
Motion Passed Unanimous
INFORMATIONAL ITEMS AND REPORTS
Reminder: October 17, 2022 joint work session with the Seward Bear Creek Flood Service Area
Board at 6: 00 p.m. at the Seward Community Library.
Reminder: November 1, 2022 regular meeting at 7: 00 p.m.
Bickling stated the November 1, 2022 meeting was rescheduled to November 8, 2022 and
would be held at the Seward Community Library.
CITIZEN COMMENTS
Carol Griswold, inside the city, suggested the commission reconsider the Resolution
2022-021 for the bike park because the preliminary plat was simply not accurate. She also wished
the definitions would be cleaned up in the lodging section of city code. Griswold appreciated the
amendments to reduce the number of bedrooms from five to three. She suggested the language for
a new owner being eligible to apply for a permit was currently misleading because it suggested the
new owner was automatically eligible, not just eligible to apply.
Tim McDonald, inside the city, asked the commission to consider the boundaries of the
city; his property straddled inside and outside city limits. He asked the commission to consider
taking a position on annexing land outside city limits; he believed annexation would ultimately
prove to be more beneficial to the annexed citizens. McDonald said the city was currently pressing
him hard on various issues related to his property, he didn't think it was fair, and he believed there
might be more people in that boat than just himself. He also thought that residents outside city
limits should have a chance to cast their vote for city issues. He thought there was not enough land
to develop housing inside the city.
COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO
CITIZEN COMMENTS
Charbonneau thanked the Community Development Department for all their work. He
thought they did a wonderful job.
Sullivan echoed those sentiments and thanked the staff for all their hard work.
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
October 11, 2022 Volume 7, Page
ADJOURNMENT
The meeting was adjourned at 8:05 p.m.
Brenda Ballou, MMC
City Clerk
(City Seal)
Clare Sullivan
Chair
221128 LAYDOWN for ORD 22-016
Proposed Amendments
Ordinance 2022-016
Short Term Rental Amendments
On November 14, 2022, Community Development Director Jason Bickling stated there
would be amendments to Ordinance 2022-016 during the November 28 meeting.
The following amendments are requested:
Primary amendment #1:
I move to amend Section 15.10.226 B, by:
• Inserting the following language in subsection 6, creating subsection a: "a. Within
principally commercial districts, a dwelling may be considered owner -occupied if it
is being occupied by a renter with a legally binding one-year or longer rental
agreement."
• Inserting the following language in subsection 9, creating subsection a: "a. Within
principally commercial districts, a dwelling may be considered owner -occupied if it
is being occupied by a renter with a legally binding one-year or longer rental
agreement."
• Inserting "Operation to maintain a nonconforming short-term rental property license
requires 60 nights of rental annually as demonstrated by bed -tax receipts.", in
subsection 12 and reorder the subsections 13 and 14.
Primary amendment #2:
1 move to amend Ordinance 2022-106, by:
• Amending Section 4 to read: "A non -conforming short-term rental is defined as a
business which has operated 60 days in one of the last five (5) years 2022, 2021,
2020, 2019, or 2018 as demonstrated by bed tax receipts."
• Enacting Section 5 to read: "A property owner that owns vacant property has two (2)
years to develop that property as a nonconforming use to the approved short term
rental regulations. The property owner must contact the Community Development
Department by June 30, 2023 and notify the Department of their plans to develop.
The property owner is required to be in active development by December 31, 2024."
• Enacting Section 6 to read: This ordinance shall take effect ten (10) days following
enactment."
This language incorporates the requested amendments. Note the language is highlighted.
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:
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 lodzinz unit.
3. Before any permit is issued, the applicant shall furnish evidence ofthe existence of one
or more policies of insurance, issued by an insurance company satisfactory to the City,
Providing insurance coveraze for lodzinz 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.
4. (-2) Parking will be provided in accordance with section 15.10.215 of this chapter.
5. (3) No cooking or cooking facilities are permitted in individual guest bedrooms.
6. (4)-Within single and two family principally residential districts RR, RI, 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 €x�e three.
a. Within principally commercial districts, a dwellinz may be considered owner -
occupied ifit is beinz occupied by a renter with a le -ally bindinz one-year or longer
rental a,-reement.
7. In all et4er- residential distfiets, lodging wit4in single family r-esidenees a*d duplexe
7. Within principally residential districts R2, R3, UR, lodzinz in multifamily dwellin'-s is
limited to not more than 50 percent of the dwellinz units with one of the units being
the owner's principal place of residence.
8. (8) 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, lodzinz 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.
a. Within principally commercial districts, a dwellinz may be considered owner -
occupied ifit is beinz occupied by a renter with a le -ally bindinz one-year or longer
rental a,-reement.
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 fives dwelling units.
11. Within principally commercial districts OR, AC, HC, and CB, an individual must wait
4 years from the January of the followinz year after purchasinz a multifamily dwelling
before applyinz for a non -owner -occupied Short-term rental permit. A Ion, --term
rental and an owner -occupied Short-term rental permit may be obtained immediately
upon purchase of the multifamily dwellinz.
12. Operation to maintain a nonconforminz short-term rental property license requires
60 nizhts of rental annually as demonstrated by bed -tax receipts.
13. (8-)The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
14. (-)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.
Section 4. A non -conforming short-term rental is defined as a business which has operated
60 days in one of the last five (5) years 2022, 2021, 2020, 2019, or 2018 as demonstrated by bed
tax receipts
Section 5. A property owner that owns vacant property has two (2) years to develop that
property as a nonconforming use to the approved short term rental regulations. The property owner
must contact the Community Development Department by June 30, 2023 and notify the
Department of their plans to develop. The property owner is required to be in active development
by December 31, 2024
Section 6. This ordinance shall take effect ten (10) days following enactment.
City of Seward, Alaska City Council Meeting Minutes
November 28, 2022 Volume 42, Page 171
Presentations — None
PUBLIC HEARINGS
Ordinances for Enactment
Ordinance 2022-015, Amending the Land Use Plan to Rezone Proposed Tract B, Hemlock
Subdivision, from Institutional (INS) Zoning District to Park (P) Zoning District.
Motion (DeMoss/Calhoon) Enact Ordinance 2022-015
City Planner Courtney Bringhurst stated this rezone would separate the Forest Acres
Campground from the bike park. Tract B was the bike park and would be rezoned to Park and,
therefore, separated from the campground which was Tract A.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Tim McDonald, inside the city, didn't understand what this ordinance was doing; he also
said his hearing was bad.
No one else appeared and the public hearing was closed.
McClure said her understanding was that this ordinance would rezone the bike park property
to Park.
Motion Passed
Unanimous
Ordinance 2022-016, 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.
Motion (DeMoss/Wells) Enact Ordinance 2022-016
Bringhurst said this ordinance would require a fee for Short Term Rental (STR) permits,
according to a fee schedule approved by council. In addition, commercial insurance would be
required because homeowners insurance would not cover a commercial claim. In all principally -
residential districts, including Rural Residential, Single Family, Two Family, Multi -Family, and
Urban Residential, STR would be limited to owner -occupied dwellings; as well, bedrooms for rent
would be limited to 50% with a maximum of three being rented. In commercial districts, excluding
Industrial and including Office Residential, Auto Commercial, Harbor Commercial, and Central
Business, STR would be allowed for no more than five guest bedrooms.
Notice ofthepublic hearing beingposted andpublished as required by law was noted and thepublic
hearing was opened.
City of Seward, Alaska City Council Meeting Minutes
November 28, 2022 Volume 42, Page 172
Doug Schoessler, inside the city, was a little confused. He lived in an Auto Commercial zone
and wanted to understand what he could and could not do. He currently had a long-term rental
business license. He wondered what impact this ordinance would have on his property value should
he choose to sell; he wondered if he could sell the house to a new owner for similar use. He had
spoken with his neighbors and there seemed to be confusion throughout. His main concern was the
prospect of losing value in his property if this ordinance passed.
Carol Griswold, inside the city, did not believe the amendments provided in the laydown
had been discussed at a Planning & Zoning Commission meeting. She didn't think that allowing a
long term renter to operate a short term rental business made sense; she believed "owner occupied"
should mean owner, not renter.
Tim McDonald, inside the city, agreed with both previous speakers. He thought the city was
restricting property owners' use of their property, and wondered if this was constitutional. He
thought the language in this ordinance was arbitrary and unreasonable.
No one else appeared and the public hearing was closed.
DeMoss had some concerns relating to the auto commercial and commercial zones. She
thought when someone purchased a home in a residential zone, there would be no expectation of
commercial use; but in a commercial zone, the buyer would anticipate that various commercial uses
could happen.
Wells had concerns, as well. Finch concurred.
Bower said council could amend the ordinance tonight, or at any time in the future with
another ordinance.
Motion (DeMoss/Wells) Refer Ordinance 2022-016 back to the
Planning & Zoning Commission for further
analysis of the Commercial and Auto
Commercial districts.
Calhoon said the Planning & Zoning Commission had put a lot of work into this topic. He
agreed that there were some issues that needed to get ironed out; instead of referring this ordinance
back to P&Z, he suggested council have a special meeting to discuss the ordinance and decide what
amendments they wished to make, and then address the amendments at their regular council
meeting. He thought it was important to get a handle on short term rentals in residential areas; he
thought commercial zones were different.
Bower suggested having a joint special meeting with P&Z so that discussion could be had,
and then council could make amendments at their regular meeting.
McClure said she would not be comfortable approving this ordinance tonightwithout having
the opportunity to discuss with P&Z.
City of Seward, Alaska City Council Meeting Minutes
November 28, 2022 Volume 42, Page 173
The motion was withdrawn with no objection from council.
Motion (DeMoss/Calhoon) Postpone Ordinance 2022-016 to have a joint
special meeting with the Planning &
Zoning Commission to further analyze and
discuss the details of this ordinance.
Wells hoped this meeting could be scheduled soon.
City Clerk Brenda Ballou asked council to consider holding a j oint work session with P&Z
rather than a special meeting so that discussion could happen freely, and then council could make
amendments to the ordinance at their regular meeting.
McClure thought if a special meeting was held, definitive solutions could be developed.
Calhoon said having a special meeting would allow the public more input than a work
session because at a work session the public potentially had no input at all; they just had to sit and
listen.
Motion to Postpone Passed Unanimous
Council recessed at 8:14 p.m.
Council resumed at 8:20 p.m.
Resolutions Requiring Public Hearing
Resolution 2022-115, Recommending Kenai Peninsula Borough Approval Of The Preliminary
Replat Of Fort Raymond Subdivision, Replat No. 1, Lot 12A; Located at 911 Hemlock Ave;
Creating Hemlock Subdivision, Tracts A and B.
Motion (DeMoss/Calhoon) Approve Resolution 2022-115
Bringhurst said this resolution would officially replatthe Forest Acres Campground separate
from the bike park; the campground would be Tract A and the bike park would be Tract B.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Tim McDonald, inside the city, thought the bike park was dangerous and a liability to the
city.
No one else appeared and the public hearing was closed.
Motion Passed Unanimous