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HomeMy WebLinkAboutOrd2011-005 PULLED Sponsored by: Planning and Zoning Commission PULLED Introduction Date: August 22,2011 Pulled from Agenda Date: August 22,2011 CITY OF SEWARD,ALASKA ORDINANCE 2011-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS,the 6/21/2011 public work session specifically addressed the Developments Requirements and Development Requirements Table; and WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the 1/25/2011 public work sessions specifically addressed 15.10.225 Land Uses Allowed and the Land Uses Allowed Table; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its August 2, 2011 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Table15.10.220—Development Requirements Table is hereby amended as follows: (Stril euglhs=deletions and are bold; Underline=additions and are bold Italic) Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Lot 30 35 35 40 40 3-5 50 100* 100 100* 30 50 10 Coverage (%) `(See 40 Note 6, next page) L Section 15.10.225. - Land uses allowed is hereby amended as follows: (Stfikethreughs=deletions and are bold; Underline=additions and arc bold Italic) CITY OF SEWARD,ALASKA ORDINANCE 2011-005 Page 2 of 10 (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of this Title.) (b) Lodging as defined in section 15.10.140 (b) 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 Uniform adopted Building Code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. (3)No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two-family residential districts, lodging is limited to a home occupation within an owner-occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts, lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. (7) Multi-family dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (9) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. (c)Transient merchants as defined in section 15.10.140(b) 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 450/00 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 100 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 CITY OF SEWARD,ALASKA ORDINANCE 2011-005 Page 3 of 10 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. (d) Commercial electronic towers, satellite dishes and antennas are allowed in accordance with Table 15.10.225 of this chapter subject to the site being fenced. (e) Livestock as defined in section 15.10.140(B). 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 stream; (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. f7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. i CITY OF SEWARD, ALASKA ORDINANCE 2011-005 Page 4 of 10 Table 15.10.225. - Land Uses Allowed Table is hereby amended as follows: (Strikethroughs= deletions and are bold; Underline = additions and are bold Italic) Districts: Principally Residential Principally Commercial Principally Public Uses IRR R1 R2 R3 UR OR AC HC CB I RM INS P Accessory Building 0 0 0 0 0 0 0 0 0 0 0 0 0 Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, 0 0 0 Q 0 title, real estate, etc. Agriculture 0 Airport and related services 0 C Amusement or recreation 0 0 0 facility Animal shelter 0 C Antenna, personal TV, satellite 0 0 0 0 0 0 0 0 0 0 0 0 dish Art gallery 0 0 0 Q 0 Assemblages, temporary large, P p P P PPP i.e., circus, fair Attraction, permanent major C C C C C visitor Auditorium 0 0 0 Auto repair, i.e., mechanic, C 0 glass body, upholstery Auto service/gas station 0 0 0 Auto/RV sales and rentals 0 0 0 Boat sales 0 0 0 Q Boat, commercial 0 0 building/fabrication Boat, harbor/marina C C CC C Boat, repair and maintenance 0 0 0 C Boat, storage commercial 0 0 0 0 C Brewpub C C Bulk material, i.e., concrete, C C gravel, sand, asphalt Business, marine retail sales and 0 0 0 0 Q service c Business, package liquor 0 0 0 CITY OF SEWARD, ALASKA ORDINANCE 2011-005 Page 5 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 IR3 UR OR AC HC ICB I RM INS P Business, retail sales and service 0 0 0 0 Business, retail sales and 0 service, industrial Campground, camper park, RV C/P C/P up C/P C/P C/P park Campground, employee C/P Car/boat wash 0 0 0 Cemetery 0 C 0 Center, community/civic 0 C C 0 Center, mariner's 0 0 0 0 Center, senior or teen CC C 0 0 C C Child care, licensed center CC 00 0 C Child care, licensed home g g 0 C 0 0 0 0 0 H H H O Church C CCCC C 0 Q 0 Q Clinic, medical 0 0 0 0 0 Clubs, C 0 0 C fraternal/lodges/social/veterans Cluster subdivision C C C Communications, commercial 0 Q 0 0 0 0 satellite dishes, towers, poles, and antennas less than 3 meter (4-5 9.8 feet) diameter or 75 feet in height Communications, commercial g C C satellite dishes, towers, poles, C and antennas 3 meter (4-5 9.8 feet) diameter or greater than 75 feet in height Correctional/prison facility CC CC Crematory C 0 Docks/wharves, industrial cargo 0 0 C C Dock, passenger 0 0 0 g 0 C Drinking establishment, i.e., C C C bar, nightclub, lounge CITY OF SEWARD, ALASKA ORDINANCE 2011-005 Page 6 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 IR2 IR3 UR OR AC HC CB I RM INS P Drive-in facility- fast food, CQC CC banking, etc. — C — Dwelling, apartment in a 0 0 0 0 0 0 commercial building (limited to C one unit) — Dwelling, apartment in a 0 0 C C commercial building (two or more units) Dwelling, apartment, mother-in- 0 0 0 0 0 00 law or accessory Dwelling, attached single- CC CCCC C family, i.e., townhouse, row — Dwelling, condominium CC CCCC C Dwelling, detached single-family 0 0 0 0 0 00 C 0 C Dwelling, group home 0 0 0 0 0 0111 C Dwelling, guest house 0 0 g C Dwelling, multi-family (3 or CC CCCC C more units) — Dwelling, two-family or duplex 0 0 0 00 C 0 C Dwelling, watchman or 0 C caretaker — Emergency services, pub/vol; C CCCC COC 00 C 0 i.e., fire, ambulance, rescue — Financial institution, i.e., bank, C 0 0 SELL Flea market, open air retail C C C other than occasional — Fuels, bulk storage and sales C Golf course 0 0 C Golf driving range 0 0 0 0 C Greenhouse/nursery— 0 0 0 commercial Grocery, convenience store CCCOO 0 Q Grocery, supermarket, foodmart 0 0 CITY OF SEWARI), ALASKA ORDINANCE 2011-005 Page 7 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses IRR R1 R2 R3 UR OR AC HC CB I RM IINS P Health club C C 0 0 0 Home occupation 0 0 0 0 0 0 0 O O 0 Hospital C C House rental on a nightly basis PP P P P P Housing, bunkhouse C C C Housing, dormitory 0 0 Housing, nursing, retirement, C C C convalescent Kennel, commercial, musher or INTENTIONALLY fancier LEFT BLANK Laundry, dry cleaning 0 C 00 Library 0 0 0 0 Livestock, Excluding P P Chickens Et Rabbits Livestock, Chickens & P PPPP PP P P Rabbits Lodging, BEtB, rooms, duplex H/P H/P H/P H/P H/P 0/P 0/P Q/p 0/P and accessory apartment Lodging, hostel Pp P P P P Lodging, hotel, motel, lodge, C 0 C C inn Lodging, multifamily dwelling PPP P P , P apartment Lumber yard/building supply C 0 C Manufacturing—noxious, heavy C Manufacturing, light fabrication, C 0 assembly Merchant, transient 0 0 0 0 Mobile home park C/P Mobile home, residential, not in INTENTIONALLY park LEFT BLANK Mobile home sales 0 0 Mobile medical unit O O 0 Mortuary/funeral home 0 0 0 Museum C 0 0 0 0 0 CITY OF SEWARD, ALASKA ORDINANCE 2011-005 Page 8 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR IR1 R2 R3 UR OR JAC HC CB I I RM INS P Office, boat charter, guide 0 0 0 0 0 Q C Office, business or professional 0 0 0 00 Office, government/quasi- 0 0 0 00 00 government administration Office, mobile/temporary on P PPPP PPP PP PPP construction site Office, home, professional 0 0 O 0 0 Parking lot Q g 0 0 0 00 0 0 0 C C Personal services, i.e., beauty, 0 0 Q 0 shoe, tailor Planned unit development C C C C C C Playground, public tot lot 0 0 0 0 0 00 0 0 0 0 Railroad C C C C Recreation, commercial indoor, 0 0 0 C i.e., bowling, skating Recreation, outdoor, i.e., 0 C C C miniature golf Recreation, shooting range C C C Recycling center C C 0 C Recycling, self-service drop-off 0 0 0 00 0 0 0 point Repair service, i.e., large C C 0 appliance Resource extraction, C C C commercial subsurface, i.e., mining Resource extraction, C C C commercial surface, i.e., gravel Resource extraction, C CCCC CCC CC C commercial timber harvesting Restaurant, food service, 0 0 0 00 C catering Rooming or boarding house 0/P C 0/P 0/P O/P Salvage—auto, wrecking, scrap, C junkyard CITY OF SEWARD, ALASKA ORDINANCE 2011-005 Page 9 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Sawmill or lumbermill C C School, college C C 8 C School, public/private C CCCC CC C C elementary/secondary School, vocational C 00 C 0 8 C Seafood processing, i.e., C C C C canning, rendering Shop, i.e., welding, sheetmetal, C C 0 machine, steel fab. Shop, i.e., wood, signs, cabinet, C C 0 C 0 upholstery Shopping center (mall) C C Solid waste disposal, i.e., baler, C C C transfer, landfill Storage, container 9 9 9 A 9 A A 9 GO g C C CCCC CCC C C Storage, explosives P Storage, outdoor, yard, C 0 0 C material/equipment Storage, self service 0 0 0 Q Storage, warehouse and 0 0 C 0 C distribution Studio, radio/television C 0 0 0 0 C Tanks, aboveground associated C C CO with service station Taxidermy 0 0 0 Q 0 Terminal, i.e., bus, truck, 0 C 0 C freight Terminal, marine/boat 0 COOC passenger Theater, concert, movie 0 0 0 Tool/equipment rental 0 0 Trailer temporary office C CCCC CC C C C Temporary Structure Utility facility, public electric, C CCCC COO 0 0 0 0 water, sewer, etc. CITY OF SEWARD, ALASKA ORDINANCE 2011-005 Page 10 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 IUR OR AC HC CB I RM INS , P Vehicle impound lot 0 0 Vending machine repair, storage C C 0 0 Veterinary hospital C C C Wind Energy Conversion Systems 0 0 0 0 0 0 0 0 0 0 0 0 0 (WECS) Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12th day of September 2011. THE CITY OF SEWARD, ALASKA PULLED Willard Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal)